Regulation for trans people
This is behind the Self-Determination Act
8/23/2023 7:56 am
It was a tough fight, but in the future everyone in Germany should be able to determine and change their own gender entry and first name. The federal cabinet wants to get the so-called Self-Determination Act underway later today. What does that mean specifically?
Who does the law affect?
According to the Ministry of Family Affairs and Justice, the law is aimed at transgender, intersex and non-binary people. According to the draft law, “trans” are people who do not identify or only identify with the gender that was assigned to them at birth. “Inter” means having congenital physical characteristics “that cannot be clearly classified as (only) male or (only) female according to medical standards”. “Non-binary” is defined as a self-designation for people who identify as neither male nor female.
How exactly does the law work?
If someone wants to change their gender entry, a declaration and self-insurance must be submitted to the registry office in the future. This happens regardless of whether the person concerned has already undergone medical treatment for gender reassignment or not.
Can minors also choose their gender and first name?
Children and young people cannot change their gender entry themselves. Up to the age of 14, the legal guardians must submit the declaration to the registry office, after that the legal guardians only have to agree. There can only be exceptions if parents endanger the well-being of the child with their attitude.
What was the previous regulation in Germany?
So far, the so-called transsexual law has applied. Many trans people find this humiliating. It provides, for example, that those affected may only officially change their first name and gender after a psychological assessment and a court decision. They often have to put up with very intimate questions. The process is also lengthy and expensive. The Federal Constitutional Court had repeatedly declared essential parts of the law to be unconstitutional.
How is it in other countries?
In Switzerland, gender entry in the register of persons is possible without any problems. However, Switzerland only allows the categories “male” and “female”. According to the Federal Statistical Office, 1171 gender changes were registered within the first twelve months. Large-scale scams are not known. Abuse is punishable, but difficult to prove. In the EU, countries such as Ireland, Denmark and Portugal have already introduced self-determination laws. In addition, such laws also exist in Argentina and Uruguay.
Can people gain advantages by changing the gender entry in the future?
Such criticism comes mainly from the Union and the AfD. “The law leaves it up to the lifeguard or the fitness trainer to decide whether a trans person is allowed in the women’s changing room,” says the family policy spokeswoman for the CDU/CSU parliamentary group, Silvia Breher. Left-wing politician Sahra Wagenknecht had also warned of dangers for women, for example in women’s saunas.
For anti-discrimination commissioner Ferda Ataman, this is an irrational debate. “In Germany, we mostly have mixed-gender saunas. No man has to have his gender entry changed to see a naked woman in Germany,” she says. The FDP organization “Liberale Schwule, Lesben, Bi, Trans und Queer” states that the planned law takes all eventualities into account in order to prevent abuse, particularly by cis men (men who identify with the gender they were assigned at birth). .
The law states, among other things, that a registered gender does not automatically give you access to protected rooms. Private domiciliary rights should continue to apply, i.e. the right of the owner to determine who, for example, enters his apartment or business premises. However, the General Equal Treatment Act protects transgender people from discrimination – they may not be rejected because of their gender. “Changes in the gender entry have been around for a long time and there have hardly ever been any problems,” says Justice Minister Marco Buschmann. He points out that many trans people feel hurt by the debates. “Because they sometimes give the impression that those affected are accused of an increased willingness to use violence. But that is in no way the case.”
Can criminals abuse the law?
The Federal Criminal Police Office initially expressed concern that criminals could simply change their name with the law in order to avoid prosecution. This now seems clarified: It is likely that the responsible registry offices will pass on the data to the registration authorities, including the law enforcement authorities, when applications are made. They then look to see if there are already proceedings or a search going on against the person. If this is not the case, the data should be deleted immediately and not saved. If this is the case, the security authorities know that the person has adopted a new name and can register this.
How often can the entry be changed?
Theoretically, those affected can change the entry as often as they want. But the law should provide for a blocking period – a new change should only be possible after one year. According to the Lesbian and Gay Association in Germany, the proportion of people who have previously undone a change in name or gender entry has remained constant at around one percent.