Transgender women should enjoy the same right and legal recognition as others do; However, due to discrimination and lack of sincere judgment in terms of stated laws and jurisdiction on their part in various countries of the world. Generally, most countries have legal recognition for both man and woman gender entity but neglect other gender entities like the transgender.
This lack of legal recognition for transgender people is only restricted to some countries, other countries do place legal rights and jurisdiction for this third type of gender entity. The degree of legal recognition for transgender women varies from one country to the other.
Why Trans Women Need Legal Recognition?
Having a legal jurisdiction or recognition is a fundamental right for anyone notwithstanding their sexual status; it is very essential for Tran’s people because it could help keep them safe from harassment, discrimination, and public disgrace. Many human rights treaties have advocated for the recognition of a person’s rights and privileges despite his/her sexual status; for instance, according to the Yogyakarta principle which was formed by the International Commission of Jurists ( ICJ).
It states thus:
“In part, those persons of diverse sexual orientations and gender identities shall enjoy legal capacity in all aspects of life. Each person’s self-defined sexual orientation and gender identity is integral to their personality and is one of the most basic aspects of self-determination, dignity, and freedom “
With the above consciousness, The United Nations High commissioner for Human Rights suggested that legal recognition be placed into every nation’s policy on transgender persons and a standard in form of a document should exist. This document stores the names and gender of the Trans person. The American Medical Association also directed that all states should stop the requirement for surgery when seeking a change in gender on birth certificates. Some gender advocates point the light that the only requirement for a gender change should be on an individual’s acknowledgment and decision alone.
U.S. STATE Gender Policies
In the U.S. each state has its laid out policies on gender change for birth certificate and there are various way in which they approach this, which includes:]
- Some state creates policies that involve transgender women to carry out a surgery before they can recognize as a legal entity.
- Ohio and Tennessee do not affect any changes of gender on the birth certificate; hence, the legal recognition of transgender women tends to be neglected.
- New York, Oregon, Vermont, Columbia, and Washington do not require a Tran’s woman to carry out surgery before they can affect a gender changed on their birth certificate. In Columbia, you will however need to have a doctor’s certification before effecting a gender change.
- Also, in the state, the government recognizes the use of transgender dating sites for trans women to search for relationship partners.
Foreign Policy for The Recognition of Tran’s Women
In the Uk:
In the U.K. the law does not mandate a Transgender person to carry out any surgery; however, to gain legal recognition they require the following:
- A certificate that shows your application for gender dysphoria
- That you must have stayed in your acquired gender for at least 2 years
- Reports from Medical practitioners about the details of your gender dysphoria
The gender recognition certificate gotten through the gender dysphoria allows an individual to seek new birth certificates where he/she can state their new gender type in it, without referencing any previous gender. In the U.K transsexual dating between people is allowed and marriage contracts can be made.
In Australia, a policy was presented in July 2013 was named “Government guidelines on the recognition of Sex and Gender” The purpose for this policy was to create a standardized gender and sex classification for the Australian government to create a system for changing and establishing sex and gender on personal records, and to consistently ensure the documentation of this records.
This policy makes it possible for people to change their sex or gender on personal records without passing through any form of sexual reassignment or surgery. Also, through the birth, death and marriage amendment act of 2014, it was put into law that a person could change his or her gender if they noticed any alteration, also the act approved child guardian’s direct decision over the gender of their child
In New Zealand:
In New Zealand for gender change it is not required to carry any surgery of any kind; however, your family court must be able to declare new gender attainment, for the court to declare this the individual must assume the identity of the changed gender.
In Germany every transgender woman must carry out a sexual surgery to their preferred gender; without doing this, you won’t receive any legal recognition in the country.
Netherland was the first country to grant Trans people legal recognition, but initially, you have to carry out series of surgeries before you can be recognized.
Presently in Netherland, for transgender women to be legally recognized they have to be sixteen years of age and above and must apply for a change of birth certificate on the basis that they must understand the significance of such a decision
Most countries presently recognize a different gender entity; however, this is approved by permitting a change of gender type in the victim’s birth certificate. Some countries also permit permanent sexual surgery for many transsexual people for them to reshape and change their bodies.
For legal recognition, some country enforces that a transgender summit a record showing a complete modification of his/her sexual organs; hence, the legal jurisdiction for countries like this are tied under health care reports. The doctors specializing in body modification report for the visibility of such changes, if the visibility is negative he/she won’t be able to get the appropriate modification to earn legal recognition.
For some countries, transgender women who are also considered non-transsexual do benefit from the legal recognition associated with transsexual people in that country. Also, this legal recognition has made it possible for trans women dating sites to exist all over the world at least in nations where trans people are legally recognized.
Violence against you is by law illegal, so you shouldn’t be afraid to visit the police station or a legal constitution when you are a victim of such. Presently, most countries are starting to recognize transgender people as part of society, hence they are given legal recognition; however, this differs from one country to another.