Current Version
Region | Germany |
Issue | Right to change legal gender |
Status | Legal, but requires medical diagnosis |
Start Date | 2011 |
End Date | Nov 1, 2024 |
Description | Following the amendment of the Act on the Amendment of Names and Sex Determination in Special Cases, known as the Law on Transsexuality (1981) by Judgment No. 1 BvR 3295/07 (2011) of the Federal Constitutional Court, the criteria for changing the name or both the name and the gender marker were unified. Currently, the law requires applicants to (i) prove that "due to their transsexual status, they do not feel comfortable with their sex registered at birth", (ii) they have lived for at least three years "in accordance with the gender they identify with" and (iii) that their "situation of transexuality is foreseeably stable". This procedure is carried out before a municipal judge, which has to verify that these requirements are met by subjecting the applicant to an examination carried out by two expert witnesses "specialised in transsexualism". (ILGA) In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament. When the Self-Identification law was introduced, people who went through this old process could apply for a monetary compensation. |
Sources | https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2011/01/rs20110111_1bvr329507.html https://database.ilga.org/germany-lgbti https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2011/01/rs20110111_1bvr329507en.html http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html https://www.lto.de/recht/hintergruende/h/selbstbestimmungsgesetz-transsexuellengesetz-trans-frauen-agg-sauna/ https://dserver.bundestag.de/btd/11/053/1105330.pdf |
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Revision History (16)
Old Value | New Value (Current) | |
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Start Date | 1981 | 2011 |
Sources | https://database.ilga.org/germany-lgbti https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2011/01/rs20110111_1bvr329507en.html http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html https://www.lto.de/recht/hintergruende/h/selbstbestimmungsgesetz-transsexuellengesetz-trans-frauen-agg-sauna/ https://dserver.bundestag.de/btd/11/053/1105330.pdf | https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2011/01/rs20110111_1bvr329507.html https://database.ilga.org/germany-lgbti https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2011/01/rs20110111_1bvr329507en.html http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html https://www.lto.de/recht/hintergruende/h/selbstbestimmungsgesetz-transsexuellengesetz-trans-frauen-agg-sauna/ https://dserver.bundestag.de/btd/11/053/1105330.pdf |
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Description | Following the amendment of the Act on the Amendment of Names and Sex Determination in Special Cases, known as the Law on Transsexuality (1981) by Judgment No. 1 BvR 3295/07 (2011) of the Federal Constitutional Court, the criteria for changing the name or both the name and the gender marker were unified. Currently, the law requires applicants to (i) prove that "due to their transsexual status, they do not feel comfortable with their sex registered at birth", (ii) they have lived for at least three years "in accordance with the gender they identify with" and (iii) that their "situation of transexuality is foreseeably stable". This procedure is carried out before a municipal judge, which has to verify that these requirements are met by subjecting the applicant to an examination carried out by two expert witnesses "specialised in transsexualism". (ILGA) In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament. | Following the amendment of the Act on the Amendment of Names and Sex Determination in Special Cases, known as the Law on Transsexuality (1981) by Judgment No. 1 BvR 3295/07 (2011) of the Federal Constitutional Court, the criteria for changing the name or both the name and the gender marker were unified. Currently, the law requires applicants to (i) prove that "due to their transsexual status, they do not feel comfortable with their sex registered at birth", (ii) they have lived for at least three years "in accordance with the gender they identify with" and (iii) that their "situation of transexuality is foreseeably stable". This procedure is carried out before a municipal judge, which has to verify that these requirements are met by subjecting the applicant to an examination carried out by two expert witnesses "specialised in transsexualism". (ILGA) In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament. When the Self-Identification law was introduced, people who went through this old process could apply for a monetary compensation. |
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Value | Legal, no restrictions | Legal, but requires medical diagnosis |
Start Date | Jan 28, 2011 | 1981 |
Description | The German Federal Constitutional Court found in the decision 1 BvR 3295/07 that several provisions of the Transsexuals Act were unconstitutional. The court ruled that the Transsexuals Act massively violated transgender people in their dignity (Art. 1 Basic Law), in their right to free development of personality (Art. 2, § 1), their right to physical integrity (Art. 2, § 2) as well as their rights as married couples to enjoy the special protection of the state (Art. 6, § 1). This has also been criticized in regard to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament. | Following the amendment of the Act on the Amendment of Names and Sex Determination in Special Cases, known as the Law on Transsexuality (1981) by Judgment No. 1 BvR 3295/07 (2011) of the Federal Constitutional Court, the criteria for changing the name or both the name and the gender marker were unified. Currently, the law requires applicants to (i) prove that "due to their transsexual status, they do not feel comfortable with their sex registered at birth", (ii) they have lived for at least three years "in accordance with the gender they identify with" and (iii) that their "situation of transexuality is foreseeably stable". This procedure is carried out before a municipal judge, which has to verify that these requirements are met by subjecting the applicant to an examination carried out by two expert witnesses "specialised in transsexualism". (ILGA) In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament. |
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Sources | https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2011/01/rs20110111_1bvr329507en.html http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html https://www.lto.de/recht/hintergruende/h/selbstbestimmungsgesetz-transsexuellengesetz-trans-frauen-agg-sauna/ https://dserver.bundestag.de/btd/11/053/1105330.pdf | https://database.ilga.org/germany-lgbti https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2011/01/rs20110111_1bvr329507en.html http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html https://www.lto.de/recht/hintergruende/h/selbstbestimmungsgesetz-transsexuellengesetz-trans-frauen-agg-sauna/ https://dserver.bundestag.de/btd/11/053/1105330.pdf |
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Reports (2)
- Newer law has been passed "The self id law has been passed in 2023"
- Newer law has been passed "German cabinet and government accepted a law that lets people 14 years old or older to change their gender by self determination. It might go into effect soon.
Sources:
https://www.euronews.com/2023/08/23/german-government-approves-law-to-make-legal-gender-change-easier-for-trans-intersex-non-b#:~:text=The%20German%20government%20approved%20the,LGBTQ%2B%20community%20in%20the%20country.
https://www.loc.gov/item/global-legal-monitor/2023-05-22/germany-government-proposes-self-identification-law-for-transgender-nonbinary-and-intersex-persons/
https://tgeu.org/german-self-determination-bill-passes-cabinet/
"
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Description | The German Federal Constitutional Court found in the decision 1 BvR 3295/07 that several provisions of the Transsexuals Act were unconstitutional. The court ruled that the Transsexuals Act massively violated transgender people in their dignity (Art. 1 Basic Law), in their right to free development of personality (Art. 2, § 1), their right to physical integrity (Art. 2, § 2) as well as their rights as married couples to enjoy the special protection of the state (Art. 6, § 1). In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament. | The German Federal Constitutional Court found in the decision 1 BvR 3295/07 that several provisions of the Transsexuals Act were unconstitutional. The court ruled that the Transsexuals Act massively violated transgender people in their dignity (Art. 1 Basic Law), in their right to free development of personality (Art. 2, § 1), their right to physical integrity (Art. 2, § 2) as well as their rights as married couples to enjoy the special protection of the state (Art. 6, § 1). This has also been criticized in regard to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament. |
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Description | The German Federal Constitutional Court found in the decision 1 BvR 3295/07 that several provisions of the Transsexuals Act were unconstitutional. The court ruled that the Transsexuals Act massively violated transgender people in their dignity (Art. 1 Basic Law), in their right to free development of personality (Art. 2, § 1) as well as their right to physical integrity (Art. 2, § 2). In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament. | The German Federal Constitutional Court found in the decision 1 BvR 3295/07 that several provisions of the Transsexuals Act were unconstitutional. The court ruled that the Transsexuals Act massively violated transgender people in their dignity (Art. 1 Basic Law), in their right to free development of personality (Art. 2, § 1), their right to physical integrity (Art. 2, § 2) as well as their rights as married couples to enjoy the special protection of the state (Art. 6, § 1). In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament. |
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Description | The German Constitutional Court found in the decision 1 BvR 3295/07 that the provision that required surgery to change one's legal gender is unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament. | The German Federal Constitutional Court found in the decision 1 BvR 3295/07 that several provisions of the Transsexuals Act were unconstitutional. The court ruled that the Transsexuals Act massively violated transgender people in their dignity (Art. 1 Basic Law), in their right to free development of personality (Art. 2, § 1) as well as their right to physical integrity (Art. 2, § 2). In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament. |
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Description | The German Constitutional Court found in the decision BvR 3295/07 that the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization dgti issues a supplemental ID document which contains self-chosen first names, pronouns and genders. It is known and accepted by all German ministries of the interior, the police, and many authorities. With it, one can change their name in, among others, banks, universities and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. | The German Constitutional Court found in the decision 1 BvR 3295/07 that the provision that required surgery to change one's legal gender is unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament. |
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Sources | https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2011/01/rs20110111_1bvr329507en.html http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html https://www.lto.de/recht/hintergruende/h/selbstbestimmungsgesetz-transsexuellengesetz-trans-frauen-agg-sauna/ | https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2011/01/rs20110111_1bvr329507en.html http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html https://www.lto.de/recht/hintergruende/h/selbstbestimmungsgesetz-transsexuellengesetz-trans-frauen-agg-sauna/ https://dserver.bundestag.de/btd/11/053/1105330.pdf |
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Description | The German Constitutional Court found in the decision BvR 3295/07 that the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. | The German Constitutional Court found in the decision BvR 3295/07 that the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization dgti issues a supplemental ID document which contains self-chosen first names, pronouns and genders. It is known and accepted by all German ministries of the interior, the police, and many authorities. With it, one can change their name in, among others, banks, universities and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. |
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Description | The German Constitutional Court found in the decision BvR 3295/07 that the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are often reported to be dehumanizing and unnecessary and are generally paid for privately, as well as a court order are required. | The German Constitutional Court found in the decision BvR 3295/07 that the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. |
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Sources | https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2011/01/rs20110111_1bvr329507en.html http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html | https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2011/01/rs20110111_1bvr329507en.html http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html https://www.lto.de/recht/hintergruende/h/selbstbestimmungsgesetz-transsexuellengesetz-trans-frauen-agg-sauna/ |
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Description | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are often reported to be dehumanizing and unnecessary and are generally paid for privately, as well as a court order are required. | The German Constitutional Court found in the decision BvR 3295/07 that the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are often reported to be dehumanizing and unnecessary and are generally paid for privately, as well as a court order are required. |
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Sources | http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html | https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2011/01/rs20110111_1bvr329507en.html http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html |
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Description | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are considered to be dehumanizing and unnecessary and are generally paid for privately, as well as a court order are required. | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are often reported to be dehumanizing and unnecessary and are generally paid for privately, as well as a court order are required. |
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Sources | http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ | http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html |
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Description | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are considered to be dehumanizing and unnecessary and are generally paid for privately, as well as a court order are required. |
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Description | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid privately, as well as a court order are required. | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. |
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Description | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid privately, as well as a court order are required. |
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Original entry | |
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Status | Legal, no restrictions |
Start Date | Jan 28, 2011 |
End Date | (none) |
Description | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. |
Sources | http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ |
Reports (4)
- Status is not correct "Although legal, it requires an expensive psychological evaluation that must be paid out of pocket"
- Status is not correct "Surgery is still required to change documents, and access to surgery is controlled by independent psychological and medical evaluators."
- Status is not correct "Legal, no surgery required"
- Other "PRocess of legally changing gender consists of pathologization, incuding the need to deliver up to 2 or even more statements from psychatrists.
Since no one is found guilty of wrongdoing by assigning the gender, trans* persons have to legally challenge their gender assignment in court.
This results in themselves being sentenced to pay the court fees afterwards, typically exceeding € 3.000 - depending on the judges decision."