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Radio France Internationale
Radio France Internationale
World
Paul Myers

Germany brings in landmark law to cut red tape around changing gender

A new law comes into effect in Germany on 1 November that slices through the administrative procedures for people who want to alter their gender on official documents. © REUTERS/Fabrizio Bensch

A new law making it simpler for transgender, intersex and non-binary people to change gender markers and names on official documents will came into force in Germany on Friday.

The Self-Determination Act was passed in the German parliament in April.

It allows over-18s to change official records to reflect their preferred names and genders without the need for psychiatric assessments or court hearings.

Under the legislation, anyone aged between 14 and 18 can ask for the changes to be made at a registry office with the agreement of their parents or legal representatives. In cases where there is a dispute, the applicant can seek legal help.

For children under 14, guardians would need to submit the paperwork.

No medical certificates or outside opinions will be required. The applicant can choose from several gender markers – male, female or "diverse" – or opt not to enter a gender at all.

"As populist politicians in Europe and beyond try to use trans rights as a political wedge issue, Germany's new law sends a strong message that trans people exist and deserve recognition and protection without discrimination," commented Cristian Gonzalez Cabrera, an LGBTQ+ rights researcher at campaign group Human Rights Watch, when the law was passed.

"Germany has joined a growing list of countries that are abolishing pathologising requirements for gender recognition which have no place in diverse and democratic societies."

Thousands of applications

From 1 November, there will be a three-month wait between applying for the new status and making a personal declaration.

More than 1,200 people in the capital Berlin have already submitted applications, according to German press agency DPA, while thousands more are expected to do so nationwide.

Under Germany's 1980 Transsexuals Law, medical reports and court approval were needed before someone could change their gender entry in official documents.

In 2017, a report for Germany's Ministry of Family Affairs, Senior Citizens, Women and Youth, highlighted the cumbersome procedures.

Applicants said that to secure the necessary approvals, they had to provide details from their childhood and their sexual past. Some said they had to undergo physical examinations.

The ministry found that the legal steps could take up to 20 months to negotiate and cost an average of 1,900 euros.

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Polarising issue

Nearly eight years after those findings, the Self-Determination Act will radically simplify bureaucracy.

It comes into effect as activists warn of an increase in anti-LGBTQ+ violence in Germany. The interior minister said in June 2023 that police registered more than 1,400 such hate crimes during 2022.

Gay and transgender rights have become a polarising topic in Germany, where a centre-left government took over in 2021 with a vow to promote inclusion.

The alliance of Social Democrats, Greens and Free Democrats included the change to the gender recognition law in their coalition treaty.

The move was opposed by the largest opposition bloc, the Christian Democrats and Christian Socialist Union, as well as the far-right Alternative for Germany.

The reform was ultimately passed after a heated debate that resulted in various restrictions being added to the original bill.

The negative arguments made by opponents of the change have since contributed to the stigmatisation and harassment of trans people, activists told public broadcaster Deutsche Welle.

HRW's Gonzalez said: "German authorities should continue to push for full equality to eliminate acts of anti-LGBT violence in Germany and to promote anti-LGBT legislation overseas."

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