New verdict: gender change for transsexuals only with expert opinion

New verdict: gender change for transsexuals only with expert opinion

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Federal Constitutional Court demands "objective evidence"
Transsexuals cannot change their gender and have their first name changed without obtaining two reports. The legal requirement that two independent experts examine the requirements for the desired gender change does not constitute a violation of general personal rights or human dignity, the Federal Constitutional Court ruled in a decision published in Karlsruhe on Friday, November 24, 2017 (file number: 1 BvR 747/17). However, those affected in the expert opinion procedure must not be directed to the therapeutic treatment of their transsexuality.

A transsexual from Dortmund had moved to court to change from male to female gender. In addition to legal recognition as a woman, he also wanted to change his male name to "Nicole".

However, the authorities refused to accept the request. Because the transsexual had refused to be examined by two independent experts because of his desired gender change. However, this is so prescribed by the Transsexuals Act.

The transsexual considered the legal provision to be unconstitutional. His general personality rights and human dignity would be violated with the duty to assess. The lawmaker incorrectly assumed that transsexuality was a mental disorder or illness. The regulation is aimed at "treatment and care of the sick". There is also no formal procedure for how the assessment should proceed. This leads to arbitrary and random results.

The Federal Constitutional Court did not accept the constitutional complaint for decision due to the lack of a prospect of success. The legal requirement to have the prerequisites for the sex change examined by two experts does not violate general personality rights or human dignity, it says in the decision of October 17, 2017. Transsexuality is therefore not regarded as a disease to be treated. Rather, "objective evidence" should be provided about the requirements of gender change. However, this is not based on the assumption that transsexuality is an illness.

According to the law, the assessors would have to check whether the transsexual person has been forced to live according to their ideas for at least three years. There must also be a “high probability” that belonging to the opposite sex will no longer change.

However, the expert opinion procedure should not be used to lead those affected to therapeutic treatment of their transsexuality. fle

Author and source information

Video: Transphobia: An Analysis. Philosophy Tube (May 2022).


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