13. September 2011

Controlling Bodies, Denying Identities

Human Rights Violations against Trans People in the Netherlands

Summary
An Outdated Law and Its Impact on Transgender People
Registering Gender
A New Law..
Five Proposed Amendments
Methodology
Recommendations
To the Government of the Netherlands
To the Gender Teams at the Free University Hospital in Amsterdam and the Groningen University Hospital
To Council for the Judiciary (Raad voor de Rechtspraak) and the Dutch Association for the Judiciary (Nederlandse Vereniging voor Rechtspraak)
To Health Insurance Companies
To the American Psychiatric Association
I. Recognition of Gender Identity: The Dutch Legal Framework
Being Transgender in the Netherlands
The Netherlands’ Claim to being a Role Model on LGBT Rights
Article 28 of the Civil Code: Conditions for Recognition of Gender Identity
Court Procedures
Sex Reassignment Surgery
SRS as a Medical Necessity
Surgery Imposed by the State
State-Enforced Sterilization
Convention on the Recognition of Decisions Recording a Sex Reassignment
II. “It Is Like Your Life Is On Hold”
Waiting Lists
A Name to Match an Identity
III. Living With the Wrong Identity Papers
The Identity Card Requirement
The Register of Civil Status Records
Getting Around the GBA: Informal Solutions
“They Don’t Believe That I Am Who I Say I Am”
Employment
IV. Evolving Norms, Evolving Practices
Calls to Change the Law..
Promises to Change the Law..
The Right to Private Life and the Right to Physical Integrity
The Framework for Legal Recognition of Gender Identity in Other Countries
The Yogyakarta Principles
Children
V. Legal Recognition of the Gender Identity of Gender Variant People
Suppressing the Gender Marker on Identity Documents
Article 8 of the ECHR and the Position of Gender Variant People
Scope for Legal Reform in the Netherlands
Acknowledgments
Appendix: Relevant Provisions of Book 1 of the Dutch Civil Code
Relevant Provisions of Book 1 of the Dutch Civil Code in Original Language