Gender self-identification

Countries recognising gender self-identification; sub-national entities are only marked for some countries

Gender self-identification or gender self-determination is the concept that a person's legal sex or gender is determined by their gender identity, without medical or judicial requirements.[1][2][3][4]

It is a major goal of the transgender rights movement.[1][2][3][5] Advocates argue that medical requirements for gender recognition are intrusive and humiliating forms of gatekeeping that can pressure transgender individuals into undergoing unwanted medical procedures. They also claim that self-identification simplifies the process of transgender people living without prejudice and discrimination.

Proponents highlight the lack of evidence suggesting adverse outcomes in countries where self-identification laws have been implemented, such as Ireland, which adopted self-identification policies in 2015.[2][6] Opponents of the concept believe that safety in spaces like women's shelters and prisons and fairness in competitive sports is compromised by self-identification.[5][7][8][9]

As of November 2024, 21 countries have enacted laws allowing gender self-identification without requiring judicial or medical approval: Argentina, Belgium, Brazil, Chile, Colombia, Costa Rica, Denmark, Ecuador, Finland, Germany, Iceland, Ireland, Luxembourg, Malta, New Zealand, Norway, Pakistan, Portugal, Spain,[10] Switzerland and Uruguay.[11][12][13] Proposals for similar laws have sparked controversy in some nations, especially in the United Kingdom.[3]

In federated countries like Australia, Canada and Mexico, gender recognition laws often vary by province or state. Within a single jurisdiction, procedures may also differ across official documents, such as birth certificates and passports. These laws do not necessarily encompass all aspects of gender recognition in areas such as healthcare or access to facilities.

Third gender self-determination is available in India, Nepal,[12] Bangladesh, Colombia, Argentina, Australia, New Zealand and some American states.[14]

  1. ^ a b Zimman, Lal (1 March 2019). "Trans self-identification and the language of neoliberal selfhood: Agency, power, and the limits of monologic discourse". International Journal of the Sociology of Language (256): 147–175. doi:10.1515/ijsl-2018-2016. S2CID 150715919. For trans people, a key principle of activism is gender self-determination, which treats each individual as the ultimate authority on their own gender identity....Self-identification is a lynchpin of transgender identity politics in the United States and, increasingly, throughout the globalizing world.
  2. ^ a b c "Continental Europe enters the gender wars". The Economist. 12 June 2021. Retrieved 17 October 2021. Self-id, as it is known, is the idea that people be allowed to change the legal markers of their sex simply by saying so, without jumping through any medical hoops. Trans-rights groups say this is crucial for trans people, who face daily prejudice.
  3. ^ a b c "Explained: Countries that allow gender self-identification, and the law in India". The Indian Express. 1 July 2021. Retrieved 11 October 2021. Self-identification, or 'self-id', is the concept that a person should be allowed to legally identify with the gender of their choice by simply declaring so, and without facing any medical tests. This has been a long held demand of trans-right groups around the world
  4. ^ Weaver, Matthew (3 May 2021). "Gender recognition certificate fee cut from £140 to £5". The Guardian. Retrieved 17 October 2021.
  5. ^ a b Lewis, Helen (5 May 2021). "The Party Whose Success Is a Problem". The Atlantic.
  6. ^ Murphy, Simon; Brooks, Libby (22 September 2020). "UK government drops gender self-identification plan for trans people". The Guardian. Retrieved 17 October 2021.
  7. ^ Boothman, John (22 August 2021). "Scottish government to legalise gender self-identification". The Sunday Times. Retrieved 17 October 2021.
  8. ^ Goodwin, Daisy (10 September 2021). "The Transgender Issue and Trans — the gender agenda". Financial Times. Retrieved 17 October 2021.
  9. ^ Madrigal-Borloz, Victor (2021), Reports on Gender: The Law of Inclusion & Practices of Exclusion (PDF), United Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity, pp. 6, 8, retrieved 21 October 2021, Some submissions to this report argued against legal recognition of trans and gender diverse persons, alleging a risk of erasure of cisgender women's concerns, the integrity of gender-segregated spaces for women and the threat to the development of girls through sport.
    "The concerns raised overwhelmingly appear to rely on anecdotal evidence, some of which would relate to allegations of abuse, but most of which build on deeply discriminatory stereotypes of trans and gender diverse persons based on ideas of predatory determinism. They also appear to reproduce privileged and/or colonial bias that disregards gender diversity around the world and to suggest a shift of onus from the State (the duty bearer) to communities and persons that, as evidence shows, are deeply disenfranchised (trans and gender diverse persons, the rights holders). ...
    "The work to address, and ultimately eradicate, violence and discrimination based on sexual orientation and gender identity is not in opposition to the human rights of women; to the contrary, these areas of concern largely overlap and conceptually, socioeconomically, politically and legally reinforce each other.
  10. ^ Carreño, Belén; Allen, Nathan (29 June 2021). "Spain moves step closer to gender self-identification". Reuters. Retrieved 17 October 2021.
  11. ^ "Trans Rights Index Europe & Central Asia 2023". Retrieved 16 November 2022.
  12. ^ a b "Trans Legal Mapping Report 2019: Recognition before the law" (PDF). ilga.org. 2020. Retrieved 16 November 2022.
  13. ^ Cite error: The named reference GR report 2022 council was invoked but never defined (see the help page).
  14. ^ "Argentina Recognizes Non-Binary Identities". hrw.org. 2023. Retrieved 21 April 2023.

Gender self-identification

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