A simple declaration to the civil registry is now enough: Germany joins the club of countries having adopted liberal legislation in this area, i.e. around ten in Europe including Denmark, Belgium, Switzerland or even last year, the 'Spain.
Changing gender becomes easier in Germany from this Friday, November 1 thanks to the entry into force of a flagship and hotly debated law from the government of Olaf Scholz, welcomed with relief by the LGBT+ community.
A simple declaration to the civil registry is now enough: Germany joins the club of countries having adopted liberal legislation in this area, i.e. around ten in Europe including the Danish precursor, Belgium, Switzerland or even last year, Spain.
Already 15,000 requests
“I am very happy because it is a historic day for the recognition of sexual diversity and for the recognition of human rights and transgender and non-binary people in Germany”declares environmentalist Nyke Slawik, one of the two transgender deputies in the Bundestag, in an interview with AFP.
The “self-determination law” allows people who wish to change their first name and gender to make a request to the local civil status office, then make it official by returning there three months later, after choosing between four possibilities: female, male, miscellaneous or “no mention of gender”.
The Minister of Families Lisa Paus welcomed a “very special day” for the LGBT+ community, believing that their rights will now be “considerably strengthened”. Pre-registrations have been open since August 1st. According to Der Spiegel magazine, some 15,000 people have already submitted an application.
“Degrading expertise”
The new text replaces legislation dating from 1981, which provided for a costly and lengthy procedure requiring two psychological reports where candidates had to answer very intimate questions about their sexuality, recalls Nyke Slawik. In the end, a judge decided whether or not to grant the request.
The Constitutional Court had already partly abolished this text and allowed the obligation of sterilization and surgical intervention before a gender change to be repealed in the 2010s.
“After more than 40 years, the so-called law on transsexuals, synonymous with degrading expertise and violations of fundamental rights, is abolished”welcomed the federal association for the defense of the rights of transgender people (BVT). This will “make daily life easier for many” of members of the community, she added in a press release to AFP.
The new text also clarifies the case of minors. For those under 14, only parents or guardians will be able to initiate proceedings. Minors over the age of 14 will be able to do so themselves, but only with the consent of their parents.
They will have to present a declaration indicating that they have sought the advice of a psychologist or a youth protection service. No further changes will be permitted for one year.
“Scandalous ideological project”, accuse the conservatives
A survey published Thursday by the YouGov institute testifies to the acceptance of the new legislation in the country: 47% of those questioned said they were completely or somewhat in favor of it, compared to 37% who rejected it.
On the political level, criticism remains, fueled mainly by the far right and the conservative right. MP Dorothee Bär, a member of the Bavarian conservative CSU party, on Wednesday accused the government, a coalition between the social democrats of Olaf Scholz, the Greens and the liberals of the FDP, of having produced a “scandalous ideological project” and too permissive.
Some women's rights organizations also fear that predatory men will abuse the new rules to easily access spaces reserved for women and girls, such as fitting rooms, saunas or establishments where victims take refuge. of domestic violence. “It’s a very widespread fear”underlines Nyke Slawik, but which is not justified, according to her, with regard to the new law.
On the one hand, the establishments concerned will continue to establish their rules of access in this area, which transgender associations also consider discriminatory.
Additionally, the application of similar laws in other countries “did not cause an increase in attacks against women”she adds, deploring a propensity of conservatives to “create a climate of fear and prejudice against minorities in order to take advantage of them” at the political level.
