
Gender self-identification or gender self-determination is the concept that a person's
legal sex
Legal gender, or legal sex, is a sex or gender that is recognized under the law. Biological sex, sex reassignment and gender identity are used to determine legal gender. The details vary by jurisdiction. Legal gender identity is fundamental ...
or gender is determined by their
gender identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent and consistent with the in ...
, without medical or judicial requirements.
It is a major goal of the
transgender rights movement
The transgender rights movement is a movement to promote the legal status of transgender people and to eliminate discrimination and violence against transgender people regarding housing, employment, public accommodations, education, and health c ...
.
Advocates argue that medical requirements for gender recognition are intrusive and humiliating forms of gatekeeping
A gatekeeper is a person who controls access to something, for example via a city gate or bouncer (doorman), bouncer, or more abstractly, controls who is granted access to a category or status. Gatekeepers assess who is "in or out", in the class ...
that can pressure transgender individuals into undergoing unwanted medical procedures. They also claim that self-identification simplifies the process of transgender
A transgender (often shortened to trans) person has a gender identity different from that typically associated with the sex they were sex assignment, assigned at birth.
The opposite of ''transgender'' is ''cisgender'', which describes perso ...
people living without prejudice and discrimination.
Proponents claim a lack of evidence suggesting adverse outcomes in countries where self-identification laws have been implemented, such as Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
, which adopted self-identification policies in 2015. Opponents of the concept believe that safety in spaces like women's shelters
A women's shelter, also known as a women's refuge and battered women's shelter, is a place of temporary protection and support for women escaping domestic violence and intimate partner violence of all forms. The term is also frequently used to ...
and prisons and fairness in competitive sports is compromised by self-identification.
As of November 2024, 21 countries have enacted laws allowing gender self-identification without requiring judicial or medical approval: Argentina
Argentina, officially the Argentine Republic, is a country in the southern half of South America. It covers an area of , making it the List of South American countries by area, second-largest country in South America after Brazil, the fourt ...
, Belgium
Belgium, officially the Kingdom of Belgium, is a country in Northwestern Europe. Situated in a coastal lowland region known as the Low Countries, it is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeas ...
, Brazil
Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
, Chile
Chile, officially the Republic of Chile, is a country in western South America. It is the southernmost country in the world and the closest to Antarctica, stretching along a narrow strip of land between the Andes, Andes Mountains and the Paci ...
, Colombia
Colombia, officially the Republic of Colombia, is a country primarily located in South America with Insular region of Colombia, insular regions in North America. The Colombian mainland is bordered by the Caribbean Sea to the north, Venezuel ...
, Costa Rica
Costa Rica, officially the Republic of Costa Rica, is a country in Central America. It borders Nicaragua to the north, the Caribbean Sea to the northeast, Panama to the southeast, and the Pacific Ocean to the southwest, as well as Maritime bo ...
, Denmark
Denmark is a Nordic countries, Nordic country in Northern Europe. It is the metropole and most populous constituent of the Kingdom of Denmark,, . also known as the Danish Realm, a constitutionally unitary state that includes the Autonomous a ...
, Ecuador
Ecuador, officially the Republic of Ecuador, is a country in northwestern South America, bordered by Colombia on the north, Peru on the east and south, and the Pacific Ocean on the west. It also includes the Galápagos Province which contain ...
, Finland
Finland, officially the Republic of Finland, is a Nordic country in Northern Europe. It borders Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of Bothnia to the west and the Gulf of Finland to the south, ...
, Germany
Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
, Iceland
Iceland is a Nordic countries, Nordic island country between the Atlantic Ocean, North Atlantic and Arctic Oceans, on the Mid-Atlantic Ridge between North America and Europe. It is culturally and politically linked with Europe and is the regi ...
, Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
, Luxembourg
Luxembourg, officially the Grand Duchy of Luxembourg, is a landlocked country in Western Europe. It is bordered by Belgium to the west and north, Germany to the east, and France on the south. Its capital and most populous city, Luxembour ...
, Malta
Malta, officially the Republic of Malta, is an island country in Southern Europe located in the Mediterranean Sea, between Sicily and North Africa. It consists of an archipelago south of Italy, east of Tunisia, and north of Libya. The two ...
, New Zealand
New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
, Norway
Norway, officially the Kingdom of Norway, is a Nordic countries, Nordic country located on the Scandinavian Peninsula in Northern Europe. The remote Arctic island of Jan Mayen and the archipelago of Svalbard also form part of the Kingdom of ...
, Pakistan
Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
, Portugal
Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
, Spain
Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...
, Switzerland
Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland ...
and Uruguay
Uruguay, officially the Oriental Republic of Uruguay, is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast, while bordering the Río de la Plata to the south and the A ...
. Proposals for similar laws have sparked controversy in some nations, especially in the United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
.
In federated countries like Australia
Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
, Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
and Mexico
Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...
, 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
Third gender or third sex is an identity recognizing individuals categorized, either by themselves or by society, as neither a man nor a woman. Many gender systems around the world include three or more genders, deriving the concept either from ...
self-determination
Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage.
Self-determination is a cardinal principle in modern international la ...
is available in India
India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
, Nepal
Nepal, officially the Federal Democratic Republic of Nepal, is a landlocked country in South Asia. It is mainly situated in the Himalayas, but also includes parts of the Indo-Gangetic Plain. It borders the Tibet Autonomous Region of China Ch ...
, Bangladesh
Bangladesh, officially the People's Republic of Bangladesh, is a country in South Asia. It is the List of countries and dependencies by population, eighth-most populous country in the world and among the List of countries and dependencies by ...
, Colombia
Colombia, officially the Republic of Colombia, is a country primarily located in South America with Insular region of Colombia, insular regions in North America. The Colombian mainland is bordered by the Caribbean Sea to the north, Venezuel ...
, Argentina
Argentina, officially the Argentine Republic, is a country in the southern half of South America. It covers an area of , making it the List of South American countries by area, second-largest country in South America after Brazil, the fourt ...
, Australia
Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
, New Zealand
New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
and some American states.
Positions of international bodies
In April 2015, the Parliamentary Assembly of the Council of Europe
The Parliamentary Assembly of the Council of Europe (PACE) is the parliamentary arm of the Council of Europe, a 46-nation international organisation dedicated to upholding human rights, democracy and the rule of law.
The Assembly is made up of ...
adopted Resolution 2048 (2015), within which "the Assembly calls on Member States to ... develop quick, transparent and accessible procedures, based on self-determination ... available for all people who seek to use them, irrespective of age, medical status, financial situation or police record".
Also in 2015, the stated that "abusive requirements as a precondition of recognition — for example, by requiring ... forced gender reassignment and other medical procedures" are "in violation of international human rights standards".
In 2018, Victor Madrigal-Borloz, the , stated that "the right to self-determine one's gender was a fundamental part of a person's freedom and a cornerstone of the person's identity" and that states' obligations included "adopting legal measures such as being based on self-determination ndensuring that minors have access to recognition of their gender identity".
Positions of international charities
In 2014, Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
released a report titled ''The state decides who I am: Lack of Legal Gender Recognition For Transgender People in Europe''. The report criticized European countries for legal gender recognition laws that were based on stereotypical gender norms and violated rights such as the right to private and family life, recognition before the law, the highest attainable standard of health, and freedom from cruel, inhuman, and degrading treatment. Amnesty argued that transgender individuals should have access to legal gender recognition through quick, accessible, and transparent procedures that align with their own perceptions of gender identity.
To mark Transgender Awareness Week in November 2019, Dentons
Dentons is a multinational law firm based in the United States. It was founded in March 2013 by the merger of SNR Denton, Fraser Milner Casgrain and Salans. The Dentons name originally belonged to Denton Hall, a law firm based in the City of Lo ...
produced a report titled ''Only adults? Good practices in legal gender recognition for youth'', written along with IGLYO
The International Lesbian, Gay, Bisexual, Transgender, Queer & Intersex Youth and Student Organisation (IGLYO) is an international LGBTQI organisation that was created in 1984 as a reaction to the need for better cooperation among regional, local ...
and the Thomson Reuters Foundation
Thomson Reuters Foundation is a London-based charitable arm of Thomson Reuters, a Canadian news conglomerate. The Foundation is registered as a charity in the United States and United Kingdom and is headquartered in Canary Wharf, London.
Ant ...
. The report examined the status of legal gender recognition for minors in several European countries and positioned itself as a "powerful tool for activists."
Based on international children's rights
Children's rights or the rights of children are a subset of human rights with particular attention to the rights of special protection and care afforded to minors. standards, the report advocated for the right of individuals under 18 to obtain legal gender recognition based on self-declaration, the recognition of a third gender marker, publicly accessible transgender healthcare, and legal protections against discrimination based on gender identity. It also examined successful strategies for reform campaigns, emphasizing the importance of targeting younger politicians and youth wings of political parties, highlighting depathologization and human rights aspects, using personal stories to humanize the issue, intervening early in the legislative process, and fostering strong collaboration among advocacy groups.
Around the world
Africa
Botswana
In the 2017 case '' ND v. Attorney General of Botswana and Another'', the High Court of Botswana
The High Court of Botswana is a Superior court, superior court of law in Botswana. It is based in Gaborone with branches in Lobatse, Francistown, and Maun, Botswana, Maun. It operates above the Magistrates' Courts of Botswana, but below the Court ...
ruled that the government must "ensure that procedures exist whereby all State-issued identity documents which indicate a person’s gender/sex reflect the person’s self-identified gender identity." Although there is no current legislation on legal gender recognition in Botswana, this ruling established a precedent for recognizing gender identity based on self-identification.
The Americas
A 2018 study published in BMC International Health and Human Rights found that "the majority of countries from South America allow their transgender citizens to change name and gender in legal documents in a fast, easy, and inexpensive manner" and noted that "legislation to protect exual and gender minorityrights in South America underwent fundamental and positive transformations" during the 2010s. However, the study also highlighted that "transgender people are unable to change their gender in public records and legal documents in several Latin America and the Caribbean countries—mostly in the Caribbean and Mesoamerica."
Argentina
Argentina, officially the Argentine Republic, is a country in the southern half of South America. It covers an area of , making it the List of South American countries by area, second-largest country in South America after Brazil, the fourt ...
, Brazil
Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
, Chile
Chile, officially the Republic of Chile, is a country in western South America. It is the southernmost country in the world and the closest to Antarctica, stretching along a narrow strip of land between the Andes, Andes Mountains and the Paci ...
, Colombia
Colombia, officially the Republic of Colombia, is a country primarily located in South America with Insular region of Colombia, insular regions in North America. The Colombian mainland is bordered by the Caribbean Sea to the north, Venezuel ...
, Costa Rica
Costa Rica, officially the Republic of Costa Rica, is a country in Central America. It borders Nicaragua to the north, the Caribbean Sea to the northeast, Panama to the southeast, and the Pacific Ocean to the southwest, as well as Maritime bo ...
, Ecuador
Ecuador, officially the Republic of Ecuador, is a country in northwestern South America, bordered by Colombia on the north, Peru on the east and south, and the Pacific Ocean on the west. It also includes the Galápagos Province which contain ...
and Uruguay
Uruguay, officially the Oriental Republic of Uruguay, is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast, while bordering the Río de la Plata to the south and the A ...
have self-identification laws. Similar laws also exist in several Canadian provinces, as well as in some Mexican and U.S. states.
Argentina
In 2012, Argentina enacted the Ley de Género, becoming the first country to allow individuals to change their gender identity without medical requirements. In 2015, the World Health Organization
The World Health Organization (WHO) is a list of specialized agencies of the United Nations, specialized agency of the United Nations which coordinates responses to international public health issues and emergencies. It is headquartered in Gen ...
cited Argentina as an exemplary country for providing transgender rights.
A 2018 study published in the Journal of Human Rights
The ''Journal of Human Rights'' is a quarterly peer-reviewed academic journal covering human rights studies and practices, and natural and legal rights in context of national and international law, and international relations. It is published by R ...
analyzed the factors leading to the creation of the law. It concluded that "a more institutionalized group played a major role in getting the issue on the agenda, while a more radical challenger coalition was crucial in developing and advancing the ground-breaking content."
Bolivia
The Gender Identity Law allows individuals over the age of 18 to legally change their name, gender, and photograph on official documents. While surgeries, hormone therapy, or a judicial order are not required, a psychological examination confirming the individual's informed consent is necessary. The law came into effect on 1 August 2016.
Brazil
On March 1, 2018, the Supreme Federal Court
The Federal Supreme Court (, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the country's Constitutional Court. It is the highest court of law in Brazil for constitutional issues and its rulings ...
ruled that transgender individuals have the right to change their official name and sex based solely on self-declaration of their psychosocial identity. On June 29, 2018, the Corregedoria Nacional de Justiça, a body of the National Council of Justice, published regulations for registry offices to follow regarding this process.
Canada
As a federation, Canada’s legal gender recognition procedures vary by province and territory. At the federal level, Canadians can change the gender marker on their passports through self-identification.
In Québec, legal gender recognition has operated on an affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or ''deposition (law), deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by la ...
basis since 2015. In 2021, the Coalition Avenir Québec
The Coalition Avenir Québec (, , CAQ) is a Quebec nationalism, Quebec nationalist, Autonomism in Quebec, autonomist and conservatism, conservative government introduced Bill 2, proposing to reinstate a surgical requirement. Following significant controversy, Québec Minister of Justice Simon Jolin-Barrette
Simon Jolin-Barrette (born 1987) is a Canadian lawyer and politician in Quebec. He was elected to the National Assembly of Quebec in the 2014 Quebec election. He represents the riding of Borduas as a member of the Coalition Avenir Québec ...
announced the removal of this provision from the bill.
In 2017, Newfoundland and Labrador abolished the requirement for a medical letter, transitioning to a self-declaration process. Alberta followed in 2018, allowing legal gender changes through an affidavit and eliminating the need for a psychiatrist's letter. Nova Scotia adopted an affidavit process in 2019, and in 2022, British Columbia removed the medical letter requirement for adults seeking legal gender changes.
As of October 2021, Alberta, British Columbia, Prince Edward Island, Ontario, Saskatchewan, and all territories do not permit legal gender changes for those born outside of their jurisdictions. Federally, refugee claimants gained the right to change their legal gender in November 2020, and in March 2021, temporary residents were granted the same right without needing a passport change.
Chile
Since 2019, Chile's Gender Identity Law (Law 21,120) recognizes the right to self-perceived gender identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent and consistent with the in ...
, allowing transgender individuals aged 14 and older to change their name and gender on official documents without prohibitive requirements. For individuals over the age of 18, the change is made by submitting a request to the Civil Registry and Identification Service without needing to provide evidence of medical interventions.
For minors aged 14 to 18, the process must be carried out in family courts and requires the permission and support of their legal representatives. While the process for minors does not mandate medical reports, it does require documentation on their psychosocial and family context.
The law enshrines key principles, including non-pathologization, protection from arbitrary discrimination, confidentiality, dignity in treatment, the best interests of the child, and recognition of progressive autonomy.
Colombia
Since 2015, Colombians have been able to change their legal gender and name by expressing their solemn will before a notary, without the need for surgeries or a judicial order. On June 4, 2015, the Colombian government issued Decree 1227 to simplify this process for adults aged 18 and older. The decree, signed by the Ministry of Justice
A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
and the Ministry of the Interior
An interior ministry or ministry of the interior (also called ministry of home affairs or ministry of internal affairs) is a government department that is responsible for domestic policy, public security and law enforcement.
In some states, the ...
, says the gender change is justified by a person's individual choice and removes the requirement for medical examinations.
Costa Rica
In 2016, a bill was introduced to Costa Rica's Legislative Assembly to allow transgender individuals to legally change their name and gender without requiring surgery or judicial permission. By June 2017, the bill advanced to the Human Rights Committee, and the Supreme Electoral Tribunal endorsed it, but it ultimately failed to pass.
In January 2018, following a ruling by the Inter-American Court of Human Rights
The Inter-American Court of Human Rights (I/A Court H.R.) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a human r ...
and the 2018 Costa Rican general election
General elections were held in Costa Rica in 2018 to elect both the President and Legislative Assembly. The first round of the presidential election was held on 4 February 2018, with the two highest-ranked candidates being Christian singer and ...
, President Carlos Alvarado Quesada
Carlos Andrés Alvarado Quesada (; born 14 January 1980) is a Costa Rican politician, writer, journalist, and political scientist who served as the 48th president of Costa Rica from 8 May 2018 to 8 May 2022. A member of the Citizens' Action Pa ...
issued an executive decree mandating that all state institutions allow transgender individuals to modify their documents and internal records, including passports, driving licenses, ID cards, work permits, university identifications, based on self-declaration. In December 2018, President Alvarado signed an additional executive order extending this right to immigrants
Immigration is the international movement of people to a destination country of which they are not usual residents or where they do not possess nationality in order to settle as permanent residents. Commuters, tourists, and other short- ...
.
Ecuador
Since 2016, Ecuadorians have been allowed to change the sex marker on their personal identity documents to a "gender" marker, choosing either masculine or feminine. Applicants seeking this change on their identity card must present two witnesses. Changing the sex marker in the civil registry requires a judicial order.
Mexico
As a federation, Mexico's legal gender recognition procedures vary by state.
On 13 November 2014, the Legislative Assembly of Mexico City
The Congress of Mexico City () is the legislative branch of the government of Mexico City. Between 1988 and 1997, it was known as the Assembly of Representatives of the Federal District (). Between 1997 and 2018, it was styled the Legislative ...
unanimously (46–0) approved a gender identity law. This law simplified the process for transgender individuals to change their legal gender. Under its provisions, individuals only need to notify the Civil Registry of their wish to update the gender information on their birth certificates, without requiring sex reassignment surgery, psychological therapy, or any medical diagnosis. The law took effect in early 2015.
22 other states have enacted similar laws, including Michoacán
Michoacán, formally Michoacán de Ocampo, officially the Free and Sovereign State of Michoacán de Ocampo, is one of the 31 states which, together with Mexico City, compose the Political divisions of Mexico, Federal Entities of Mexico. The stat ...
(2017), Nayarit
Nayarit, officially the Free and Sovereign State of Nayarit, is one of the 31 states that, along with Mexico City, comprise the Political divisions of Mexico, Federal Entities of Mexico. It is divided in Municipalities of Nayarit, 20 municipalit ...
(2017), Coahuila
Coahuila, formally Coahuila de Zaragoza, officially the Free and Sovereign State of Coahuila de Zaragoza, is one of the 31 states of Mexico. The largest city and State Capital is the city of Saltillo; the second largest is Torreón and the thi ...
(2018), Hidalgo
Hidalgo may refer to:
People
* Hidalgo (nobility), members of the Spanish nobility
* Hidalgo (surname)
Places
Mexico
:''Most, if not all, named for Miguel Hidalgo y Costilla (1753–1811)''
* Hidalgo (state), in central Mexico
* Hidalgo, Coah ...
(2019), San Luis Potosí
San Luis Potosí, officially the Free and Sovereign State of San Luis Potosí, is one of the 32 states which compose the Federal Entities of Mexico. It is divided in 59 municipalities and is named after its capital city, San Luis Potosí.
It ...
(2019), Colima
Colima, officially the Free and Sovereign State of Colima, is among the 31 states that make up the 32 Federal Entities of Mexico. It shares its name with its capital and main city, Colima.
Colima is a small state of western Mexico on the cen ...
(2019), Oaxaca
Oaxaca, officially the Free and Sovereign State of Oaxaca, is one of the 32 states that compose the political divisions of Mexico, Federative Entities of the Mexico, United Mexican States. It is divided into municipalities of Oaxaca, 570 munici ...
(2019), Tlaxcala
Tlaxcala, officially the Free and Sovereign State of Tlaxcala, is one of the 32 federal entities that comprise the Political divisions of Mexico, Federal Entities of Mexico. It is divided into Municipalities of Tlaxcala, 60 municipalities and t ...
(2019), Chihuahua (2019), Sonora
Sonora (), officially Estado Libre y Soberano de Sonora (), is one of the 31 states which, along with Mexico City, comprise the Administrative divisions of Mexico, Federal Entities of Mexico. The state is divided into Municipalities of Sonora, 72 ...
(2020), Jalisco
Jalisco, officially the Free and Sovereign State of Jalisco, is one of the 31 states which, along with Mexico City, comprise the 32 Political divisions of Mexico, Federal Entities of Mexico. It is located in western Mexico and is bordered by s ...
(2020), Quintana Roo
Quintana Roo, officially the Free and Sovereign State of Quintana Roo, is one of the 31 states which, along with Mexico City, constitute the 32 administrative divisions of Mexico, federal entities of Mexico. It is divided into municipalities of ...
(2020), Puebla
Puebla, officially the Free and Sovereign State of Puebla, is one of the 31 states that, along with Mexico City, comprise the Federal Entities of Mexico. It is divided into 217 municipalities and its capital is Puebla City. Part of east-centr ...
(2021), Baja California Sur
Baja California Sur, officially the Free and Sovereign State of Baja California Sur, is a state in Mexico. It is the 31st and last state to be admitted, in 1974. It is also the second least populated Mexican state and the ninth-largest state by ...
(2021), the State of Mexico
The State of Mexico, officially just Mexico, is one of the 32 federal entities of the United Mexican States. Colloquially known as Edomex (from , the abbreviation of , and ), to distinguish it from the name of the whole country, it is the mo ...
(2021) Morelos
Morelos, officially the Free and Sovereign State of Morelos, is a landlocked state located in south-central Mexico. It is one of the 32 states which comprise the Political divisions of Mexico, Federal Entities of Mexico. It is divided into Mun ...
(2021), Baja California
Baja California, officially the Free and Sovereign State of Baja California, is a state in Mexico. It is the northwesternmost of the 32 federal entities of Mexico. Before becoming a state in 1952, the area was known as the North Territory of B ...
(2022), Sinaloa
Sinaloa (), officially the (), is one of the 31 states which, along with Mexico City, compose the Federal Entities of Mexico. It is divided into 18 municipalities, and its capital city is Culiacán Rosales.
It is located in northwest Mexic ...
(2022), Zacatecas
Zacatecas, officially the Free and Sovereign State of Zacatecas, is one of the Political divisions of Mexico, 31 states of Mexico. It is divided into Municipalities of Zacatecas, 58 municipalities and its capital city is Zacatecas City, Zacatec ...
(2022), Yucatán
Yucatán, officially the Free and Sovereign State of Yucatán, is one of the 31 states which, along with Mexico City, constitute the 32 federal entities of Mexico. It comprises 106 separate municipalities, and its capital city is Mérida.
...
(2024), and Campeche
Campeche, officially the Free and Sovereign State of Campeche, is one of the 31 states which, with Mexico City, make up the Administrative divisions of Mexico, 32 federal entities of Mexico. Located in southeast Mexico, it is bordered by the sta ...
(2024)
United States
As the United States is a federation, legal gender recognition laws vary by state. As of July 2021, 21 states and the District of Columbia
Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
allow the gender marker on driver's licenses to be updated based on self-declaration. As of April 2020, 10 states permit the gender marker on birth certificates to be updated on the same basis. At the federal level, between June 2021 and January 2025, the gender marker on U.S. passports has been based on a system of self-identification; this was subsequently rolled back following the second inauguration of Donald Trump
The United States presidential inauguration, inauguration of Donald Trump as the 47th president of the United States took place on Monday, January 20, 2025. Due to freezing temperatures and high winds, it was held inside the United States Capi ...
and Executive Order 14168
Executive Order 14168, titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government", is an executive order issued by Donald Trump on January 20, 2025, the day of his second inauguration as pre ...
.
In 2017, the California State Legislature passed the Gender Recognition Act (SB 179), eliminating the requirement for a physician’s statement and mandatory court hearing for gender change petitions. The Act allows changes based on an affidavit and introduced a third, non-binary gender marker for California birth certificates, driver's licenses, and identity cards.
Uruguay
Since 2019, transgender people in Uruguay have been able to self-identify their gender and update their legal name without judicial approval, following the enactment of the ''Comprehensive Law for Trans Persons'' (). The law does not require medical intervention to change one's gender on official documents.
Asia
India
In India, the Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
affirmed the right to self-determination in two 2014 cases.
The Transgender Persons (Protection of Rights) Act, 2019
The Transgender Persons (Protection of Rights) Act, 2019 is an act of the Parliament of India with the objective to provide for protection of rights of transgender people, their welfare, and other related matters. The act was introduced i ...
recognizes the right to self-perceived gender identity, allowing transgender individuals to register under a third gender (''transgender''). Applications must be submitted to the District Magistrate, who can issue a certificate of identity as a ''Transgender Person'' and update official documents (Sections 5-6). Identification as male or female requires proof of gender confirmation surgery or medical intervention (Section 7).
The Transgender Persons (Protection of Rights) Rules, 2020 simplified the procedure for obtaining an identity certificate from the District Magistrate. Under these rules, a single form can be used to declare either transgender or trans-binary status, though medical intervention is required for the latter. In November 2020, the Ministry of Social Justice and Empowerment
The Ministry of Social Justice and Empowerment is a Government of India Ministry (government department), ministry. It is responsible for welfare spending, welfare, social justice and empowerment of disadvantaged and marginalised sections of soc ...
launched an online portal for gender marker changes. Through this portal, applicants submit an affidavit self-declaring their third gender and can receive a new identity card within 30 days.
Nepal
In 2007, in the '' Sunil Babu Pant and Others v. Nepal Government'' court case on LGBT+ rights, the Supreme Court of Nepal legally established a gender category called "other".[Supreme Court of Nepal. Apr. 2007]
Sunil Babu Pant and Others v. Nepal Government
The Supreme Court stated that the criteria for identifying one's gender is based on the individual's self-identification.
Nepal's gender recognition laws have faced criticism for their limitations. These laws only allow individuals to change their gender marker from "M" (male) or "F" (female) to "O" (other). They do not permit transgender women to obtain an "F" marker or transgender men to obtain an "M" marker.
Pakistan
Under the ''Transgender Person (Protection of Rights) Act 2018'' (), Pakistanis are allowed to self-identify their gender as male, female, both, or neither. They may express their gender according to their own preferences and have their chosen gender identity reflected on official documents, including National Identification Cards, passports, driver's licenses, and educational certificates.
Europe
As of November 2024, 12 countries have established legal gender recognition procedures based on self-determination: Belgium
Belgium, officially the Kingdom of Belgium, is a country in Northwestern Europe. Situated in a coastal lowland region known as the Low Countries, it is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeas ...
, Denmark
Denmark is a Nordic countries, Nordic country in Northern Europe. It is the metropole and most populous constituent of the Kingdom of Denmark,, . also known as the Danish Realm, a constitutionally unitary state that includes the Autonomous a ...
, Finland
Finland, officially the Republic of Finland, is a Nordic country in Northern Europe. It borders Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of Bothnia to the west and the Gulf of Finland to the south, ...
, Germany
Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
, Iceland
Iceland is a Nordic countries, Nordic island country between the Atlantic Ocean, North Atlantic and Arctic Oceans, on the Mid-Atlantic Ridge between North America and Europe. It is culturally and politically linked with Europe and is the regi ...
, Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
, Luxembourg
Luxembourg, officially the Grand Duchy of Luxembourg, is a landlocked country in Western Europe. It is bordered by Belgium to the west and north, Germany to the east, and France on the south. Its capital and most populous city, Luxembour ...
, Malta
Malta, officially the Republic of Malta, is an island country in Southern Europe located in the Mediterranean Sea, between Sicily and North Africa. It consists of an archipelago south of Italy, east of Tunisia, and north of Libya. The two ...
, Norway
Norway, officially the Kingdom of Norway, is a Nordic countries, Nordic country located on the Scandinavian Peninsula in Northern Europe. The remote Arctic island of Jan Mayen and the archipelago of Svalbard also form part of the Kingdom of ...
, Portugal
Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
, Spain
Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...
and Switzerland
Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland ...
.[ In ]France
France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
and Greece
Greece, officially the Hellenic Republic, is a country in Southeast Europe. Located on the southern tip of the Balkan peninsula, it shares land borders with Albania to the northwest, North Macedonia and Bulgaria to the north, and Turkey to th ...
, court permission is required.[
In 2014, Amnesty International reported that "many transgender people in Europe continue to struggle to have their gender legally recognised" and advocated that transgender individuals "should be able to obtain legal gender recognition through quick, accessible and transparent procedures and in accordance with their own perceptions of gender identity."
]
Belgium
In 2017, the Belgian federal parliament passed a law enabling individuals to change their legal gender through a statutory declaration, without requiring medical intervention. The process involves signing a statutory declaration before a civil officer, followed by a three-month waiting period, after which a second statutory declaration is required to confirm the change.
Cyprus
In 2019, a bill was drafted to allow transgender individuals to change their legal sex. The proposed legislation would grant transgender people over the age of 18 the right to change their legal gender based on self-determination, without requiring medical intervention. the bill was still in draft status.
Denmark
In June 2014, the Danish Parliament voted 59–52 to remove the requirement for a mental disorder diagnosis and surgery with irreversible sterilization for legal gender changes. Since 1 September 2014, Danes aged 18 or older can apply for a legal gender change by stating their intent, followed by a six-month "reflection period" to confirm the request.
Finland
In 2021, a Finnish citizen's initiative to base legal gender recognition on self-determination gathered 50,000 signatures and was referred to the Finnish Parliament's Committee on Social Affairs and Health. Prime Minister Sanna Marin
Sanna Mirella Marin (; born 16 November 1985) is a Finnish former politician who served as prime minister of Finland from 2019 to 2023 and as the leader of the Social Democratic Party of Finland (SDP) from 2020 to 2023. She was a Member of Pa ...
had previously expressed support for self-determination. On 1 February 2023, Finland's Parliament approved gender self-identification by a vote of 113–69.
Germany
In June 2021, Germany
Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
's parliament rejected two self-identification bills. One of the bills proposed allowing gender-affirming for children starting at age 14 regardless of parental objection and included a €2,500 fine for misgendering.[
Following the ]2021 German federal election
The 2021 German federal election was held in Germany on 26 September 2021 to elect the members of the 20th Bundestag. State elections in Berlin and Mecklenburg-Vorpommern were also held. Incumbent chancellor Angela Merkel, first elected in 2005, ...
, the Scholz cabinet
The Scholz cabinet (, ) was the 24th Government of Germany, Government of the Germany, Federal Republic of Germany during the 20th legislative session of the Bundestag. It was sworn in on 8 December 2021 following the 2021 German federal electio ...
announced plans to introduce legal gender recognition via self-declaration. The government formally proposed a self-determination bill in June 2022.
In April 2024, Germany's parliament passed the Selbstbestimmungsgesetz, permitting German citizens to change their gender on government documents through self-declaration. The law, which took effect in November 2024, allows individuals aged 16 to 18 to change their gender on documents with parental involvement. For individuals under 16, parents can initiate the change on behalf of their child.
Iceland
In 2019, Iceland
Iceland is a Nordic countries, Nordic island country between the Atlantic Ocean, North Atlantic and Arctic Oceans, on the Mid-Atlantic Ridge between North America and Europe. It is culturally and politically linked with Europe and is the regi ...
ic Prime Minister Katrín Jakobsdóttir
Katrín Jakobsdóttir (; born 1 February 1976) is an Icelandic former politician who served as the prime minister of Iceland from December 2017 to April 2024 and was a member of the Althing for the Reykjavík North constituency from 2007 to 202 ...
proposed a bill for gender recognition via statutory declaration. The Althing
The (; ), anglicised as Althingi or Althing, is the Parliamentary sovereignty, supreme Parliament, national parliament of Iceland. It is the oldest surviving parliament in the world. The Althing was founded in 930 at ('Thing (assembly), thing ...
passed the bill by a vote of 45–0, with three abstentions.
Ireland
On 15 July 2015, the passed the Gender Recognition Act 2015, allowing Irish citizens to change their gender on government documents through self-determination. The law does not require medical intervention or state assessment. Individuals aged 18 or older who are ordinarily resident in Ireland or registered in Irish birth or adoption registers can make these changes. For individuals aged 16 to 18, a court order is required to exempt them from the minimum age requirement.
In late January 2018, over 1,000 Irish feminists, including groups such as the University College Dublin
University College Dublin (), commonly referred to as UCD, is a public research university in Dublin, Ireland, and a collegiate university, member institution of the National University of Ireland. With 38,417 students, it is Ireland's largest ...
Centre of Gender, Feminisms & Sexualities, signed an open letter condemning a planned meeting in Ireland on UK Gender Recognition Act reforms organized by a British group opposed to the reforms. The letter stated that "Trans people and particularly trans women are an inextricable part of our feminist community" and accused the British group of colonialism.
Malta
Under the ''Gender Identity, Gender Expression and Sex Characteristics Act'' (Maltese: ''Att dwar l-Identità tal-Ġeneru, l-Espressjoni tal-Ġeneru u l-Karatteristiċi tas-Sess''), enacted in April 2015, applicants can change their official documents by filing an affidavit with a notary. The law eliminates any requirement for medical gender reassignment procedures.
Norway
On 18 March 2016, Norway's Solberg Government introduced the Gender Recognition Act'','' which allows individuals aged 16 or older to legally change their gender without psychiatric or psychological evaluation, diagnosis, or medical intervention. Minors aged 6–16 can transition with parental consent. The bill passed Parliament on 6 June by a vote of 79–13. It was promulgated on 17 June and took effect on 1 July 2016. The act was praised as a milestone for LGBTIQ+ rights by the Norwegian Organisation for Sexual and Gender Diversity, Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
and by the feminist movement, notably by the Norwegian Association for Women's Rights
The Norwegian Association for Women's Rights (; NKF) is Norway's oldest and preeminent women's rights, women's and girls' rights organization that works "to promote gender equality and all women's and girls' human rights through political reform, ...
.
Portugal
In May 2016, the Left Bloc introduced a bill to allow legal gender change solely based on self-determination. Similar bills were introduced by the People–Animals–Nature
People-Animals-Nature (, PAN) is an environmentalist, animal rights, and animal welfare-focused political party in Portugal, which was founded in 2009. In the 2011 Madeiran regional election, it had 2.13% of the votes, with a total of 3,135 vo ...
party and the Costa Government in November 2016 and May 2017, respectively. They were merged into one measure by a parliamentary committee and subsequently approved by the Parliament on 13 April 2018.
President Marcelo Rebelo de Sousa
Marcelo Nuno Duarte Rebelo de Sousa (; born 12 December 1948) is a Portuguese politician and academic who is the president of Portugal since 2016. He is a member of the Social Democratic Party, though he suspended his party membership for the ...
vetoed the bill. Later in 2018, adopted a revised version of the bill, incorporating changes suggested by the President regarding gender changes for minors aged 16 and 17, as suggested by the President. President Rebelo de Sousa signed the amended bill on 31 July 2018.
It was published as Act No. 38/2018 in the official journal on 7 August 2018 and took effect the next day on 8 August.
Spain
Spain passed gender self-identification in February 2023, via the passed by the Congress of Deputies
The Congress of Deputies () is the lower house of the , Spain's legislative branch, the upper house being the Senate of Spain, Senate. The Congress meets in the Palacio de las Cortes, Madrid, Palace of the Parliament () in Madrid.
Congress has ...
. The draft had been in the making since 2021.[
The law sets a minimum age of 14 for legal gender recognition, with parental approval required for those aged 14 to 16.] A previous bill giving children total freedom of legal gender recognition had been rejected in May.
Some LGBTQ+ campaigners criticized the new bill for its age restrictions and the lack of provisions for non-Spanish residents and non-binary
Non-binary or genderqueer Gender identity, gender identities are those that are outside the male/female gender binary. Non-binary identities often fall under the transgender umbrella since non-binary people typically identify with a gende ...
identities. A collective of around 50 gender-critical feminist groups opposed the bill.
Sweden
In 2015, the Löfven Government introduced a bill allowing legal gender changes without psychiatric or psychological evaluation or diagnosis, and without medical intervention. The bill stagnated in early drafts for several years. In November 2021, the Swedish government announced that it had prepared a new draft bill that would implement self-determination by 2024. A 2021 study by Sifo
Kantar Sifo, previously TNS Sifo and Sifo Research International, is a Swedish company operating in the field of opinion and social research.
Since 1967, Sifo has published its public opinion poll "Voter monitor" () which analyses the party al ...
and commissioned by RFSL
The Swedish Federation for Lesbian, Gay, Bisexual, Transgender and Queer Rights (, formerly ) is a Swedish organization working for LGBT rights. The RFSL describes itself as one of the oldest still-operating LGBTQ organizations in the world. As o ...
found that 61% of Swedes supported moving to a system of self-declaration.
A Fokus Novus poll showed low overall support, with 15% in favor.
Switzerland
In May 2018, the Swiss Federal Council
The Federal Council is the federal cabinet of the Swiss Confederation. Its seven members also serve as the collective head of state and government of Switzerland. Since World War II, the Federal Council is by convention a permanent grand co ...
proposed an amendment to allow transgender individuals to change their registered gender and first name(s) without "red tape
Red tape is a concept employed to denounce excessive or redundant regulation and adherence to formal rules for creating unnecessary constraints on action and decision-making. The occurrence of red tape is usually associated with governments but a ...
", requiring only a declaration to civil status registry officials.
In late 2020, the Swiss Parliament passed the bill, permitting individuals aged 16 and older to obtain legal gender recognition through self-declaration. The law took effect on 1 January 2022 and was enacted through a modification of the Swiss Civil Code. The legislation does not provide for changes to a nonbinary gender.
United Kingdom
In Great Britain
Great Britain is an island in the North Atlantic Ocean off the north-west coast of continental Europe, consisting of the countries England, Scotland, and Wales. With an area of , it is the largest of the British Isles, the List of European ...
(excluding Northern Ireland
Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
), the Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
provides protection from discrimination under the protected characteristic of "gender reassignment." This protection covers individuals at any stage of the transition process, from proposing to reassign their gender to undergoing or completing the process. However, this is not equivalent to gender self-identification, and the Act permits providers of sex-segregated services to exclude transgender individuals on a case-by-case basis if it constitutes "a proportionate means of achieving a legitimate aim."
In 2016, the House of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
' Women and Equalities Committee
The Women and Equalities Committee is a select committee of the House of Commons in the Parliament of the United Kingdom. It was established following the 2015 general election to examine the expenditure, administration and policy of the Govern ...
issued a report recommending that the Gender Recognition Act 2004
The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows adults in the United Kingdom who have gender dysphoria to change their legal sex. It came into effect on 4 April 2005.
Background
The act was dr ...
be updated "in line with the principles of gender self-declaration". Later in 2016, in England and Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
, proposal was developed under Theresa May
Theresa Mary May, Baroness May of Maidenhead (; ; born 1 October 1956), is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served as Home Secretar ...
's government to revise the Act to introduce self-identification. The proposal was dropped in 2020 after opposition. Instead, Boris Johnson's government reduced the application fee for a Gender Recognition Certificate to £5 and moved the application process online.
In 2018, a YouGov
YouGov plc is a international Internet-based market research and data analytics firm headquartered in the UK with operations in Europe, North America, the Middle East, and Asia-Pacific.
History
2000–2010
Stephan Shakespeare and Nadhim ...
poll for PinkNews
''PinkNews'' is a UK-based online newspaper marketed to the lesbian, gay, bisexual, transgender, queer, and questioning community (LGBTQ+) in the UK and worldwide. It was founded by Benjamin Cohen in July 2005, initially released in print, b ...
found that 18% of respondents across the UK supported self-identification, 58% believed medical approval was necessary, and the remainder were undecided.
A 2018 government consultation on Gender Recognition Act reform received 102,833 submissions. Of these, 39% were submitted via an online form set up by Stonewall, 18% via a form by the gender-critical group Fair Play for Women, and 7% via a form by feminist organization Level Up. The consultation showed that 64% supported removing the requirement for a gender dysphoria diagnosis, 80% favored eliminating the need for a medical report, and 77% supported removing the requirement to evidence living "in their acquired gender" for a set period.
In 2020, Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
urged the British government to allow self-identification and include recognition of transgender and non-binary individuals. In March 2021, the Welsh government's Independent LGBTQ+ Expert Panel also called for reform based on self-determination principles. Later that year, the Welsh government advocated for the devolution of powers related to the Act to enable legislative reforms within Wales.
On 22 December 2022, the Scottish Parliament
The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...
passed the Gender Recognition Reform Bill by a vote of 86 to 39. The bill proposed allowing self-identification for a Gender Recognition Certificate and extending the process to individuals aged 16 and 17. On 17 January 2023, the United Kingdom government
His Majesty's Government, abbreviated to HM Government or otherwise UK Government, is the central executive authority of the United Kingdom of Great Britain and Northern Ireland. used section 35 of the Scotland Act 1998
The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was o ...
to block the bill from receiving royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
, the first time section 35 has been used. After the Scottish Parliament vote, Mark Drakeford
Mark Drakeford (born 19 September 1954) is a Welsh politician who has served as Cabinet Secretary for Finance since September 2024, having previously held the position from 2016 to 2018. He previously served as First Minister of Wales and L ...
, First Minister of Wales
The first minister of Wales () is the leader of the Welsh Government and keeper of the Welsh Seal. The first minister chairs the Welsh Cabinet and is primarily responsible for the formulation, development and presentation of Welsh Government po ...
, expressed a desire for a similar reform of gender-recognition law in Wales and the legislative competence for the Senedd
The Senedd ( ; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, Its role is to scrutinise the Welsh Government and legislate on devolve ...
to enact it; he described Westminster's section 35 order as a "very dangerous precedent" for devolution.
Oceania
Australia
In Australia
Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
, Tasmania implemented self-declaration in 2019. In 2020, the Tasmania Law Reform Institute completed an investigation of the law's impact that "uncovered no evidence that allowing people to change their officially recorded gender would have any unforeseen legal consequences." Later in 2019, the Parliament of Victoria introduced a law that abolished the sex reassignment surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a person's physical appearance and sexual characteristics to resemble those associated with their gender identity. The phrase is most often associat ...
requirement for legal gender change and allows applicants to self-nominate the sex listed on their birth registration as male, female, or any other gender diverse or non-binary descriptor of their choice.
New Zealand
In New Zealand
New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
, gender markers on passports and drivers licences have worked on a self-declaration basis since 2012. In November 2017, the New Zealand Parliament
The New Zealand Parliament () is the unicameral legislature of New Zealand, consisting of the Monarchy of New Zealand, Sovereign and the New Zealand House of Representatives. The King is usually represented by his Governor-General of New Zeal ...
introduced the Births, Deaths, Marriages, and Relationships Registration Bill to allow people to change the sex on their birth certificates on a self-declaration basis as well. The bill passed its first reading in December 2017 and passed its second reading in August 2021. The bill was unanimously approved by Parliament on its third reading and went into effect in 2023. The Human Rights Commission
A human rights commission, also known as a human relations commission, is a body set up to investigate, promote or protect human rights.
The term may refer to international, national or subnational bodies set up for this purpose, such as nationa ...
has supported the bill, stating that it would "ultimately help reduce discrimination." The bill has also been supported by the Māori Women's Welfare League
The Māori Women’s Welfare League or Te Rōpū Wāhine Māori Toko I te Ora is a New Zealand welfare organisation focusing on Māori people, Māori women and children. It held its first conference in Wellington, New Zealand, Wellington in Sept ...
and the National Council of Women of New Zealand
The National Council of Women of New Zealand () was established in 1896, three years after women in New Zealand won the right to the vote, as an umbrella organisation uniting a number of different women's societies that existed in New Zealan ...
.
Academic research
A 2019 paper in '''' reported that legal gender recognition frameworks based on medicalization
Medicalization is the process by which human conditions and problems come to be defined and treated as medical conditions, and thus become the subject of medical study, diagnosis, prevention, or treatment. Medicalization can be driven by new evi ...
can have negative effects on transgender and intersex individuals. A 2018 study in BMC International Health and Human Rights stated that in countries where transgender people are denied legal recognition of their gender identity, this often leads to further human rights violations, impacting access to education, employment, healthcare, social security, and legal protection. The study also noted that many countries permitting gender marker changes impose abusive requirements, such as forced or involuntary surgery, medical diagnoses, and lengthy, costly judicial procedures. A 2017 study in Critical Social Policy
''Critical Social Policy'' is a quarterly peer-reviewed academic journal that publishes articles in the field of political science. The journal was established in 1981.
Abstracting and indexing
''Critical Social Policy'' is abstracted and indexe ...
reported that legal requirements based on trans-related diagnoses may inadvertently reintroduce surgical and hormonal practices as prerequisites, acting as gatekeepers to healthcare services and citizenship rights.
Sex/gender self-determination has entered the international public consciousness due to media commentary, governmental debates, and rapid legal and policy changes regarding trans and intersex individuals in law and medicine.
A 2020 study from the University of Bristol found that allowing legal gender changes without requiring medical diagnosis or treatment could significantly improve the experience of older transgender individuals transitioning later in life. A 2021 study in Labour Economics
Labour economics seeks to understand the functioning and dynamics of the Market (economics), markets for wage labour. Labour (human activity), Labour is a commodity that is supplied by labourers, usually in exchange for a wage paid by demanding ...
demonstrated that the removal of surgical requirements for legal gender recognition is associated with a 9–20% increase in the employment rate for female-to-male transgender individuals.
Research has also highlighted that self-identification laws alone may not address all issues faced by transgender people, especially if such laws maintain binary gender frameworks or lack accompanying reforms in areas like healthcare. A 2018 analysis by Chris Dietz of the University of Leeds
The University of Leeds is a public research university in Leeds, West Yorkshire, England. It was established in 1874 as the Yorkshire College of Science. In 1884, it merged with the Leeds School of Medicine (established 1831) and was renamed Y ...
on Denmark’s legal gender recognition system noted that recognition may be practically inaccessible without corresponding healthcare provisions. Positivity around Denmark's law was mitigated by reforms centralizing transgender healthcare under the Sexological Clinic at Copenhagen’s National Hospital, effectively creating a monopoly on treatment authorization.
Legal gender recognition laws based on self-declaration may also fail to guarantee universal access to proper identity documentation. A 2014 study on Argentina’s law found that uptake of new IDs was uneven, with foreign-born status significantly correlating with lower access. A 2021 paper in the Journal of Human Rights
The ''Journal of Human Rights'' is a quarterly peer-reviewed academic journal covering human rights studies and practices, and natural and legal rights in context of national and international law, and international relations. It is published by R ...
reported that in India, many authorities claim ignorance of legal processes, denying transgender individuals' applications for identity documents due to procedural misunderstandings.
A 2020 paper in the Modern Law Review
The ''Modern Law Review'' is a peer-reviewed academic journal published by John Wiley & Sons on behalf of Modern Law Review Ltd. and which has traditionally maintained close academic ties with the faculty of law at the London School of Economic ...
argued that proposed reforms to the UK’s Gender Recognition Act would not erode existing Equality Act 2010 exemptions permitting reliance on sex over gender identity, nor would they significantly increase harm to cisgender
The word ''cisgender'' (often shortened to ''cis''; sometimes ''cissexual'') describes a person whose gender identity corresponds to their sex assigned at birth, i.e., someone who is not ''transgender''. The prefix '' cis-'' is Latin and ...
women. A 2017 paper by Peter Dunne of Trinity College Dublin found no substantial support for claims that trans protections facilitate cisgender predators feigning trans identities to perpetrate assaults in women-only spaces. Instead, such concerns often stem from transphobia and long-standing tropes about transgender individuals as "deviant" or "deceptive." A 2018 study by the Williams Institute
The Williams Institute is a public policy research institute based at the UCLA School of Law focused on sexual orientation and gender identities issues.
History
The Williams Institute was founded in 2001 through a grant by Charles R. "Chuck" ...
concluded that passing non-discrimination laws based on self-declared gender identity does not correlate with an increase in criminal incidents in public spaces like restrooms and changing rooms, and fears of safety violations stemming from such laws are not supported by empirical evidence.
See also
* Feminist views on transgender topics
Feminist views on transgender topics vary widely.
Third- and fourth-wave feminists tend to view trans rights as an integral part of intersectional feminism. Former president of the American National Organization for Women (NOW) Terry O'Neil ...
* Legal recognition of non-binary gender
Multiple countries legally recognize non-binary or third gender classifications. These classifications are typically based on a person's gender identity. In some countries, such classifications may only be available to intersex people, born with ...
* Legal status of transgender people
The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transg ...
* Right to personal identity The right to personal identity is recognised in international law through a range of declarations and conventions. From as early as birth, an individual's identity is formed and preserved by registration or being bestowed with a name. However, perso ...
* Transgender people in sports
The participation of transgender people in competitive sports, a traditionally sex-segregated institution, has become a subject of debate and discussion. Particularly, the inclusion of transgender women and girls in women's sports.
Opponent ...
References
{{Transgender topics
Feminism and transgender topics
Gender and society
Transgender rights