– Limited recognition of changes to gender identity The failure to recognise and to facilitate formal changes to one’s gender identity continues to have a significant impact on transgender persons. The impact of the absence of formal legal recognition of changes to gender identity is specifically manifest in the capacity to obtain legal documentation that accurately reflects ones’ chosen gender identity. Amongst other things, transgender persons are unable to obtain birth certificates, identity cards, driver licenses and passports in their chosen gender. As a result they are often unable, or find it difficult to participate in public life, to access essential health and social services, or travel freely. In the Asia Pacific region legislative provisions allowing changes to gender identity are rare, as are judicial developments in this regard. While a small number of countries facilitate formal recognition of changes to gender identity without medical intervention, many require gender reassignment surgery as a pre-condition to doing so. Indeed, in some contexts there have been extra-legal injunctions against gender reassignment surgery which further inhibit the enjoyment of rights and increase stigmatisation of transgender people. Annex 1 below provides a table listing the whether States permit formal changes to gender identity. TOR 4 – Other laws, policies and practices Term of reference 4 asks the ACJ to advise on whether, in the course of undertaking the reference, it has identified other laws, policies, acts or practices that impact adversely persons on the basis of sexual orientation and gender identity, and, if so, the extent to which those laws, policies, acts or practices are inconsistent with international human rights law and the nature of the inconsistency. – Introduction Notwithstanding the constitutional, legislative and judicial developments discussed above, a wide range of laws, policies and practices continue to undermine the capacity of persons of diverse sexual orientation and gender identity to enjoy the full range of human rights. – Advances As has been articulated above, there have been some significant advances at both the legislative and judicial level, with a number of jurisdictions decriminalising same sex sexual conduct by consenting adults, as well as explicitly recognising sexual orientation and gender identity as proscribed grounds of discrimination under domestic law. Recognition of changes to gender identity is also permissible in some states. In addition, a number of unique inquiries have been undertaken at the national level to understand, document and advocate for the removal of discriminatory laws, policies and practices. A study undertaken by the Australian Human Rights Commission was successful in advancing significant changes to institutional discrimination in that country. 76 A similar 76 Same-Sex: Same Entitlements (SSSE) Report, National Inquiry into Discrimination against People in Same Sex Relationships: Financial and Work-Related Entitlements and Benefits, May 2007, www.humanrights.gov.au/human_rights/samesex/report/index.html accessed on 26 May 2010. ACJ Report: Human Rights, Sexual Orientation and Gender Identity 25