The new so-called self-determination law has been in force since this Friday. It makes it easier for people to have their gender and first name changed. The traffic light coalition pushed it through in April, accompanied by many discussions.
From now on, a simple declaration to the registry office is enough to change the gender entry – instead of the previous two psychiatric reports and a court order. There are now four options: male, female, diverse – or no information, meaning that the previous entry can also be deleted without replacement.
Three months to think about it
Previously, the controversial so-called transsexual law was in effect for over 40 years. This involved a lengthy and costly procedure involving reports and court orders for those affected. The Federal Constitutional Court had repeatedly declared parts of the law unconstitutional and pointed out humiliating procedures for those affected.
All you have to do is register at the registry office and after three months the declaration can be submitted and the change can be made. Registration for this has been possible since August. According to the Family Ministry, the three-month waiting period serves, among other things, as a period of reflection for the person.
The gender and first name entry can only be changed again after twelve months at the earliest. A change is also possible for minors under certain conditions, such as parental consent.
Federal Family Minister Lisa Paus from the Greens, who is also responsible for equality, spoke of a “very special day for all transgender, intersex and non-binary people.” With the entry into force of the Self-Determination Act, “simply changing gender and first names will now finally become a reality.”
Ataman: For most people, nothing changes
Her party colleague, the Federal Government’s Queer Commissioner, Sven Lehmann, said: “Germany joins the group of countries worldwide that allow people to correct their gender and first name without pathologizing them.” Similar regulations already exist in 16 countries, such as Argentina, New Zealand, Ireland and Switzerland.
The federal anti-discrimination commissioner, Ferda Ataman, also welcomed the law. Germany is thus building on international standards. “A self-determination law affects a small minority and helps them. Life will be easier for them, nothing will change for everyone else – contrary to what is often claimed,” Ataman told the newspapers of the Funke media group. At the same time, she demanded that the protection of queer people be anchored in the constitution. “Queer people are still not explicitly protected in the Basic Law; the prohibition of discrimination in Article 3 must be supplemented by the characteristic of sexual identity.”
UN expert warns against misuse of the law
Criticism of the new law comes from a UN expert. The Special Rapporteur on violence against women and girls, Reem Alsalem, warned of dangers for women and girls.
The law affects the safety, privacy and other human rights of women and girls, especially those affected by male violence, Alsalem said. There were a lack of protective measures to prevent misuse of the law by perpetrators of abuse and violence. She referred to women’s shelters, shared toilets or changing rooms. Alsalem also criticized the law because girls can change their gender at the age of 14 without their parents’ consent if a court agrees.
The Jordanian has been appointed by the UN Human Rights Council as an expert on violence against women and girls. It is independent of the United Nations. It informs the Human Rights Council on the issue if necessary.
The federal government had rejected the criticism. A letter from August, now published by the UN human rights office, said the law was soundly justified in relation to the human rights of all.
Self-determination law:
Small progress is sometimes better
