The right to recognition before the law is enshrined in Article 16 of the International Covenant on Civil and Political Rights. The right to be recognised as unique and distinguishable from others has been described as the very basis of individual rights.150 This means that all individuals are entitled to legal recognition regardless of their legal or transitional status or the terms they use to describe themselves.151 Recognition of an individual’s affirmed gender allows access to rights and freedoms, including entitlements related to health, education, housing, access to social security, and employment.152 For people with a diverse gender identity, gender expression, or sex characteristics, legal recognition of their identity is crucial in order to uphold human dignity and equal protection before the law. The OHCHR has recommended States issue identity documents based on the self-determined gender of the person concerned.153 People who attended the Commission’s hui stated that despite forward momentum, New Zealand has a long way to go to realise the rights of all people with a diverse sexual orientation, gender identity and expression, and sex characteristics.154 This is particularly evident in the shortcomings regarding the right to recognition before the law. Many people with gender identities different to their sex assigned at birth struggle to be recognised on their official identity documents. The absence of full legal gender recognition bars people from meaningful and full participation in society, education, employment, and social security. When name and gender/sex details on official documents do not match gender identity or expression, the holder of the document is ARTICLE 16 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS Everyone shall have the right to recognition everywhere as a person before the law. more likely to be subjected to discrimination, humiliation, and undignified experiences.155 Data from Counting Ourselves showed that only 50% of trans and non-binary participants had the correct name on all identity documents.156 32% had the wrong name on all identity documents. When it came to gender markers, 83% had the wrong gender on their New Zealand birth certificate, 60% had the wrong gender on their New Zealand passport, and 55% had the wrong gender on their driver’s licence (Figure 5). The report stated consequences of this included being denied benefits (18%), verbally harassed (17%), asked to leave (10%), and assaulted or attacked (2%). Reasons given for why documents had not been updated included the correct gender option was not provided (38%), cost (31%), fear of discrimination (25%), and not knowing how to change documents (23%). Victor Madrigal-Borloz Report to the General Assembly by the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity UN Doc A/73/152 (12 July 2018) at [19]. 151 The right to recognition before the law is guaranteed under article 6 of the Universal Declaration on Human Rights. 152 Victor Madrigal-Borloz Report to the General Assembly by the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity UN Doc A/73/152 (12 July 2018) at [22]. 153 Office of the United Nations High Commissioner for Human Rights Discrimination and violence against individuals based on their sexual orientation and gender identity UN Doc A/HRC/29/23 (4 May 2015) at [79(i)]. 154 Auckland, Wellington, and Christchurch stakeholder engagement meeting notes are publicly available. See New Zealand Human Rights Commission “Universal Periodic Review” <https://www.hrc.co.nz/international-reporting/universal-periodic-review/>. 155 New Zealand Human Rights Commission To Be Who I Am: Report of the Inquiry into Discrimination Experienced by Transgender People (Wellington, 2008) at Chapter 6; Victor Madrigal-Borloz Report to the General Assembly by the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity UN Doc A/73/152 (12 July 2018) at [36]; Victor MadrigalBorloz Report to the Human Rights Council by the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity UN Doc A/HRC/38/43 (11 May 2018) at [43]; Victor Madrigal-Borloz Report to the General Assembly by the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity UN Doc A/73/152 (12 July 2018) at [18]; Jaimie Veale and others Counting Ourselves: The health and wellbeing of trans and non-binary people in Aotearoa New Zealand (Transgender Health Research Lab, University of Waikato, Hamilton, 2019) at 85. 156 Jaimie Veale and others Counting Ourselves: The health and wellbeing of trans and non-binary people in Aotearoa New Zealand (Transgender Health Research Lab, University of Waikato, Hamilton, 2019) at 85. 150 29