PRISM: Human Rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC) in Aotearoa New Zealand - A report with recommendations RECOMMENDATIONS: Amend the Births, Deaths, Marriages, and Relationships Registration Act to ensure that the process for an individual to update the nominated sex on their birth record is predicated on a rights-based model of self-determination, bodily integrity and non-discrimination in accordance with New Zealand’s international human rights obligations; Ensure that individuals who amend the sex on their birth certificate can nominate a nonbinary gender identity and consult with transgender, non-binary, and other gender diverse individuals, and intersex people, as to what the third option should be; Remove the intersex sex option suggested by the Select Committee after the Bill’s first reading; Include in the definitions clauses a provision that defines “gender identity” along the lines of the definition adopted in Argentina and Malta; Consider whether New Zealand’s legislative framework should provide for the right of official recognition of gender identity; Enable transgender and intersex refugees and asylum seekers to obtain official documentation reflecting their self-defined gender and name based on a statutory declaration, until they can change these details using processes available to permanent residents. Extend this option to migrants who cannot amend their name and gender marker on official documents in their country of origin. 34

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