This is contradictory to international and national human rights standards and violates the right to self determination. The Parliamentary Assembly of the Council of Europe in 2015 adopted a resolution which called upon member states to develop quick, transparent and accessible procedures, based on self-determination, for changing the name and registered sex of transgender people in their documents.
In addition The European Court of Human Rights (ECHR) established unequivocally a positive obligation for European states to provide for legal gender recognition. However, in regard to the practical implementation of this obligation, it is necessary to carefully assess
procedures to ensure that they are compatible with human rights.
The Hungarian Constitutional Court made it clear in it’s decisions that changing name and gender is a fundamental right for transgender persons.
Without name and gender recognition stigmatisation is engrained in every aspect of life, often resulting in the trans person’s exclusion from meaningful participation in social and economic life.
The bill effects intersex persons too. It defines “biological sex based on primary sex characteristics and chromosomes”, and fails to consider that many intersex people have variations of sex characteristics that do not match the general notion of which primary sex characteristic belongs to which chromosome pattern. Furthermore requires a final decision on the legal sex/gender at birth and promotes the idea that only two sexes exist. The bill will result in an increase of social marginalization, stigma, and discrimination against intersex people too.
Some intersex people do not identify with the gender assigned to them at birth; the lack of legal gender recognition procedure has the same consequences for them as for trans people.
Because of the reasons mentioned above Transvanilla Transgender Association asks János Áder to send the bill to the Constitutional Court asking for preliminary norm control.
As soon as the law comes into effect we will turn to the Constitutional Court and we will continue to provide support to the cases already being in front of the ECHR.
Transvanilla launches a campaign today to open the possibility of legal gender recognition in Hungary. We ask all Hungarian and International civil society organisation to join our call and show their support for Hungarian trans and intersex people. Ask the government to provide the possibility for legal gender recognition in Hungary!
We also launch a petition to ask Ursula von der Leyen, President of the European Commission to condemn the Hungarian government for this action and ensure all possible tools are being used to protect the fundamental rights of Hungarian trans and intersex people! Link to the petition: Show your support for Hungarian trans and intersex people
If you know any Hungarian trans or intersex persons, please contact them, support them in these hard times and help them to bear what is impossible to bear!
We will not stop and will never give up! Trans and intersex rights are human rights and we all have the right for humane treatment!
Post this: I stand in solidarity with Hungarian trans and intersex people and call out the Hungarian government to provide them opportunity to get their real gender legally recognised!
#IgentaNemre #LGRforHungary
#aTranszJogokEmberiJogok #azInterszexJogokEmberiJogok
#TransRightsAreHumanRights #IntersexRightsAreHumanRights