The Spanish government recently gave a nod to draft legislation designed to enable people over the age of 14 to legally change their gender without needing a medical diagnosis or hormone therapy. The existing law mandates a two-year hormone therapy and psychological evaluation before one can change their gender on official documentation. The move towards ‘Self-Identification’, a long-standing demand by trans-right advocacy groups worldwide, is seen as a crucial step in addressing the rampant discrimination faced by the transgender community.
Understanding the Concept of Gender Self-Identification
In the context of gender declarations, self-identification refers to an individual’s right to legally identify with their chosen gender solely based on personal declaration, eliminating the need for any medical examinations. Advocates believe that self-identification is pivotal in tackling daily discrimination against trans individuals, enabling them to access services and support necessary for their wellbeing. They argue that gender identity is something intrinsic to a person, which may or may not require surgical or hormonal intervention, and thus all individuals should have the power to make decisions concerning their bodily integrity and physical autonomy.
The Controversy Surrounding Gender Self-Identification
While proponents argue for self-identification, critics believe it goes beyond simply respecting people’s rights to express their identity freely. It has implications that extend to everyone, especially women, gay individuals, and transsexuals. Many also argue that medicalizing gender identity has been instrumental in obtaining legal recognition and transition-related healthcare for members of the trans community.
Global Adoption of Self-ID
As of now, 15 countries, including Denmark, Portugal, Norway, Malta, Argentina, Ireland, Luxembourg, Greece, Costa Rica, Mexico City, Brazil, Colombia, Ecuador, and Uruguay, legally recognize self-ID. In contrast, Hungary has recently passed a law limiting discussions about homosexuality and gender change in school curriculums and children’s television shows for those under 18.
Transgender Rights in India
In India, the rights of transgender people are safeguarded under the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020. As per these rules, anyone wanting to declare their gender should apply to the District Magistrate, and parents may apply on behalf of their child. No medical or physical examination is necessary for issuing a certificate of identity/change of gender.
The NALSA v. Union of India Case
In this landmark case of 2014, the Supreme Court declared transgender individuals as a ‘third gender’. They concluded that ‘dignity’ under Article 21 of the Indian Constitution implied inclusivity in self-expression, empowering every citizen to lead a dignified life. This ruling places a person’s gender identity within the context of the fundamental right to dignity as per Article 21. The Court also underscored that the Constitution framed the right to equality (Article 14) and freedom of expression (Article 19(1)(a)) in gender-neutral terms.
The Transgender Persons Act, 2019: Key Features
The Act defines a transgender person as someone whose gender does not align with the one assigned at birth. It includes transmen, trans-women, intersex individuals, gender-queers, and socio-cultural identities like kinnar and hijra.
The Act acknowledges the right of a transgender person to self-perceived gender identity, enabling them to acquire a certificate of identity from the District Magistrate’s office. A revised certificate can be obtained if there’s a sex change. The Act prohibits discrimination against transgender individuals in sectors like education, employment, and healthcare, and aims to establish a National Council for Transgender persons. Any offences committed against transgender individuals attract a prison sentence of six months to two years, along with a fine.