Thomas Hammarberg's Issue Paper Wed, 07/29/2009 - 11:25 — Wiktor TGEU welcomes milestone transgender rights document Press Release Copenhagen, 29 July 2009. Transgender Europe (TGEU) congratulates Council of Europe Human Rights Commissioner Mr Thomas Hammarberg upon his presentation of the by far most extensive statement on the situation of transgender persons by a European official ever. Commissioner Hammarberg launches his issue paper “Human Rights and Gender Identity” today at the World Out GamesHuman Rights Conference in Copenhagen. Julia Ehrt, Co-Chair of TGEU, states: ‘This document is setting the standard for years to come. Politicians, policy makers and human rights activists will have to measure their achievements against this standard set out here when assessing the human rights situation of transgender persons.’ The paper comprehensively maps out how the rights of transgender persons are violated today and lays forth measures member states have to take to erase the discrimination of these people face. TGEU calls upon all Member States to promptly act upon the paper’s recommendations. It is high time to take “all necessary concrete actions to ensure that transphobia is stopped and that transgender persons are no longer discriminated against in any field, wrote Mr Hammarberg in his Viewpoint on Transgender Issues from January 2009. ALL transgender persons’ rights need to be protected, explicitly including those living outside the traditional binary genders not covered by ‘transsexual’ legislation. Sterilization and other compulsory medical treatments need to be abolished as a legal requirement when recognizing a person’s gender identity. At the same time transgender related health care needs to be made available. Hate crime legislation needs to include protection transgender victims. The issue paper can be find on: www.coe.int/t/commissioner. TransGender Europe – TGEU is European Network working for the equality of all transgender persons in Europe. For more information on TGEU, please visit www.tgeu.org. Login or register to post comments
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Thank you Cristine for taking the time and trouble to post all this important and interesting info :)
As I see it, living abroad brings a few problems with it regarding GRCs. The GRP seems to expect us to follow the rules of the country we live in when transitioning without apparently realising that, probably in most cases, these rules only apply to nationals of the country concerned. I live in Germany and, to judge by the info on the GRP homepage/directgov., I'm expected to comply with the so-called Transsexuellen Gesetz(TSG). However, even without the lousy translation on the directgov. page, I know that foreigners like me are excluded from this law unless our home countries do not allow changes of name, gender etc. Instead, as TGs we are expected to follow the laws, regulations etc. of our home countries, the reason being that, as far as the german government is concerned, changes of name, gender etc.etc. are national matters of the individual countries and Berlin is not going to interfere in such matters. There is even a law which makes it clear that the naming practice for foreigners resident in Germany depends upon the laws etc. of their home countries.
I've applied for a GRC, I've informed the GRP that, as a foreigner/UK citizen resident in Germany, I am excluded from the TSG and that, where necessary, the relevant german authorities have accepted my interpretation of the law. Any day now the reaction (rejection?) should arrive in the post.
lynn harvey said:
As I see it, living abroad brings a few problems with it regarding GRCs. The GRP seems to expect us to follow the rules of the country we live in when transitioning without apparently realising that, probably in most cases, these rules only apply to nationals of the country concerned. I live in Germany and, to judge by the info on the GRP homepage/directgov., I'm expected to comply with the so-called Transsexuellen Gesetz(TSG). However, even without the lousy translation on the directgov. page, I know that foreigners like me are excluded from this law unless our home countries do not allow changes of name, gender etc. Instead, as TGs we are expected to follow the laws, regulations etc. of our home countries, the reason being that, as far as the german government is concerned, changes of name, gender etc.etc. are national matters of the individual countries and Berlin is not going to interfere in such matters. There is even a law which makes it clear that the naming practice for foreigners resident in Germany depends upon the laws etc. of their home countries.
I've applied for a GRC, I've informed the GRP that, as a foreigner/UK citizen resident in Germany, I am excluded from the TSG and that, where necessary, the relevant german authorities have accepted my interpretation of the law. Any day now the reaction (rejection?) should arrive in the post.
Of course, quite how the GRP expects someone living in Germany, or wherever, to comply with the official UK transition procedures is a mystery to me! Are we supposed to keep jetting over to CX or wherever? As far as I am concerned, if the german health system is happy to treat me without reference to the TSG then I'm perfectly happy with that. I have to assume that all are acting within the rules.
Whether I'll be given a GRC will be revealed at the end of March.........
Lynn
Under the United Kingdom Gender Recognition Act, trans people who experience severe gender variance, and have medical treatment for the condition, may apply to the Gender Recognition Panel(GRP) for a Gender Recognition Certificate (GRC). The GRC then entitles them to recognition of the gender stated on that certificate “for all purposes”. Where the person's birth was originally registered in the UK, the GRC may be used to obtain a new birth certificate.
(2) In the case of an application under section 1(1)(b), the Panel must grant the application if satisfied—
(a) that the country or territory under the law of which the applicant has changed gender is an approved country or territory, and
(b) that the applicant complies with the requirements imposed by and under section 3.
I think you will find that even if one has emigrated to Australia, the procedure is still relevant to the domain where the original birth was registered, GRC's are not a view on demand document, only being needed for the revised birth certificate, the legal requirement for the change of gender and in accordance with the marriage act revisions.
A Statutory Deceleration is required by the GRP, usually obtained from a commissioner for Oaths, or a Magistrate, not know if the GRP would accept same from a German authority.
In my opinion if you have complied with paragraph 3. where relevant, supplied documentation, the act does not exclude registered practitioners from member EU states, If you do nor want to send original documents, you can use photo copies, if they are certified by a commissioner of oaths as being certified copies of an original document. eg, passports and driving licences.