The German government adopted on Wednesday August 23 a bill simplifying the gender change demanded for a very long time by the LGBTQ + community, following in the footsteps of other European countries such as, recently, Spain. The text arouses disputes in the conservative and transphobic ranks.
This decision “is a big moment for transgender and intersex people in Germany”welcomed the Minister for the Family, Lisa Paus, on X (formerly Twitter). The project on “gender self-determination”which has yet to be submitted to Parliament, aims to “facilitate the change of gender and first name in civil status for transgender, intersex and non-binary people”specified its services, in a communicated. It will suffice to complete a declaration with the civil status to change first name and gender.
It is one of the flagship societal projects of Chancellor Social Democrat Olaf Scholz’s coalition, with the recent controlled legalization of cannabis being put on track. If parliament approves the bill, Germany will be among the countries that have adopted the principle of self-determination along with Belgium, Spain, Ireland, Luxembourg and Denmark.
Parental consent for children under 14
The text should replace previous legislation dating from the 1980s which considered transidentity to be a mental illness. It forces people wishing to change gender to pass two psychological tests and answer very intimate questions about their sexuality. Finally, a judge authorized or refused the change.
The Constitutional Court had already partially challenged it and had allowed the abolition in the 2010s of the obligation of sterilization and surgery before a gender change. These obligations were also denounced by the European Court of Human Rights in 2017.
For children under 14, only parents or guardians can initiate a procedure. Those over 14 can initiate the process alone, but with the consent of their parents, failing which a court will have to decide. There is also time for reflection. It is only after three months that the change will be validated in the civil status.
A possible new request to change gender will only be possible after one year, in order to “guarantee the seriousness of the request”, according to the bill. Kalle Hümpfner, an official of the federal association for the defense of the rights of transgender people (BVT) told AFP that the bill was a “historic occasion” for the respect of the rights of the LGBTQ+ community.
Conservative Opposition
The conservative CDU/CSU opposition believes that candidates for gender reassignment should consult with experts first, and that the process should be reserved for adults. “The very name of the law of self-determination suggests that one should choose one’s sexual identity freely. For the majority of the population, this identity is not in question.commented officials of these parties in a statement.
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Some feminist movements are also up against the project: they believe that potentially abusive men can abuse the new rules to gain access to spaces reserved for women.
Alice Schwarzer, 80, famous German feminist who has already launched several transphobic campaigns in her magazine Emmasaid he fears the law encourages young people to change their gender just because it’s ” fashionable “In an interview at Der Spiegel. The president of the German prison staff union, Rene Müller, has also called for clear rules on the incarceration of transgender people.
To prevent transphobia, the bill “provides safeguards in the proceedings against false requests for a change of marital status – for example, if trans opponents want to defame the right to self-determination”explains the services of the ministry of the family.