•
Quick, transparent and accessible legal gender recognition
based on self-determination. In 2015 the Parliamentary Assembly of
the Council of Europe adopted a comprehensive resolution on trans
persons’ human rights74, including quick, transparent and accessible
legal gender recognition based on identities determined by the persons.
This has set the tone for national laws and policies in European Union
member countries. Many countries in Latin America and South Asia
have introduced similar processes in their respective countries.
o
o
o
•
Year
Quick. The process of changing the details in legal documents
should be efficient and timely. In Portugal the process only take
8 days, while in Argentina the process takes up to 2 to 3 weeks
to be completed.
Transparent and non discretionary. The criteria and checklist
for the process is clearly presented. In Argentina, once an
application is received, the Civil Register is notified “without any
additional legal or administrative procedure required” (Article 6).
Accessible. The process must be simple with minimal cost.
Confidential. The laws must also include privacy protection for trans
people, especially against disclosure of protected information of trans
people. The Gender Identity Law Argentina prohibits public disclosure
of their recorded sex and change in first name without consent of the
applicant.
Cases
Outcome
Nov 2004
Wong Chiou Yong vs NRD (trans man)
Application
• Case was heard before Ipoh High Court
dismissed
• Change name & gender on birth certificate
and national identification card
Nov 2005
JG vs NRD (trans woman)
• Case was heard in KL high court before
Justice James Foong
• Change name & gender on birth certificate
and national identification card
Successful.
Allowed to change
name, gender
marker, and last
digit on IC
2011
Aleesha Farhana vs NRD (trans woman)
• Case was heard at the Terengganu High
Court before Justice Datuk Mohd Yazid
Mustafa
Application
dismissed
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. No one
shall be forced to undergo medical procedures, including sex reassignment surgery, sterilisation or
hormonal therapy, as a requirement for legal recognition of their gender identity. No status, such
as marriage or parenthood, may be invoked as such to prevent the legal recognition of a person’s
gender identity. No one shall be subjected to pressure to conceal, suppress or deny their sexual
orientation or gender identity. https://yogyakartaprinciples.org/principle-3/
74 Discrimination against transgender people in Europe https://bit.ly/283pI9I
Report On Transgender Persons In KL And Selangor |
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