Filenews 16 October 2021 - by Michalis Hadjivasilis
Pioneering even compared to European countries, is characterized the bill, which recognizes the right of citizens to determine their own gender, without requiring psychological diagnosis or prior medical intervention.
Each person, even minors, will be able to change their gender after submitting an application to the Registrar (Prefect) and will be issued with a new identity card and passport, keeping the body they have without the need for prior surgical intervention. It is the second attempt being made to establish the right to gender identity, after the effort in 2019 when the justice ministry prepared a bill, but due to the involvement of services by the interior ministry, the matter was dropped.
Yesterday, the Commissioner for Legislation Louisa Christodoulidou Zannetou presented in a debate in parliament, the draft of the bill as it was formulated and which will soon be sent to the Ministry of Interior for study. According to her, in a country that respects human rights no individual – and no group of people – should live on the margins. Unfortunately, she said, this finding lags behind in terms of trans and intersex people and the enjoyment of their fundamental rights. The systemic, systematic and daily discrimination suffered by these individuals due to the absence of a legal process for changing the gender index (there is of course an administrative process) affects virtually every aspect of their lives. At the same time, they prevent the enjoyment of the right to privacy, which includes the right to self-determination, personal autonomy and legal gender identity recognition.
The main terms of the bill are:
• "right to the recognition of gender identity" means the right of every person to self-determination of his or her gender identity as an element of his/her personality;
• "gender identity" means the way in which the person himself experiences his or her gender, regardless of the gender registered, based on his biological characteristics, at birth and includes the personal sense of the body, which may also be associated with changes due to medical treatment or other medical interventions freely chosen with the consent of the person himself as well as the social and external expression of gender identity, corresponding to the free will of the person,
• "sex characteristics" means the chromosomal, gene and anatomical characteristics of the face, which include biological primary characteristics, such as reproductive organs and secondary characteristics, such as muscle mass, breast or hair growth, including indeterminate chromosomal, gene and anatomical characteristics carried by specific individuals at birth;
• "person" means a citizen of the Republic of Cyprus, or a recognized refugee.
The process
Article 4 of the bill provides for the right of a Cypriot citizen, who considers that there is a discrepancy between his/her gender identity and his/her registered gender in the documents identifying his/her identity, to submit a written application to the Registrar and to request the recognition of a gender identity and the issuance of a certificate of gender identity recognition, so that this corresponds to the expression of gender identity. This application must be accompanied by an affidavit, signed by the applicant, stating – among others – the desired sex, the registered name of the applicant at the Registry Office, the name chosen and the relevant adjusted surname. A birth certificate and proof of the applicant's habitual residence are also attached to the affidavit.
The same possibility is granted to any Cypriot citizen born abroad and registered in accordance with article 109 of the Civil Registry Law, but also to any recognized refugee who considers that there is a discrepancy between his/her gender identity and his/her registered gender in the documents that identify him/her. These persons, however, submit an application to the Director of the Civil Registry and Migration Department.
The applicant must present to the Registrar a valid and valid identity card or passport, an affidavit duly signed before the Registrar of the Court and in which he/she will declare his/her marital status, that he/she understands the consequences of the application and fully understands its content and that it is submitted of his/her free will. In case of approval of the application, the Registrar or the Director cancels the identity card, passport and electoral booklet of the applicant or the identity card and passport of the minor, and after being requested by the applicant or the parents or holders of parental responsibility over the minor, proceeds to the issue of a copy of the birth certificate with the new information, issuing a new identity card and passport. Provided that in the revised birth certificate, in the new documents and in any new entries it is not allowed to mention that an amendment of his/her registered gender has been made. In addition, it is the responsibility of the applicant to inform all the competent departments, services and bodies in order to make representations about the necessary changes in the registers and records they keep. The identity card number, the tax identification number (TIN), the social security number and any other number issued on behalf of the person before the issuance of a gender identity certificate or change of data are kept valid. In case an application is rejected, the interested party will have the right to register a hierarchical appeal.
Through Court change for children
The bill also gives minors the right to gender identity recognition. However, the possibility of an age limit remains for discussion. Article 8, as was the original text, provide that in the case of a minor, the issue of a certificate of recognition of the identity of sex requires a decision of the Family Court on an application made by the parents or holders of parental responsibility of the minor. Therefore, the recognition of the sex identity of a minor requires the prior issuance of a relevant order by the Court. It has been added to the revised text and will be under discussion, for the adoption of the decree, the Court to request and receive a positive opinion of the Scientific Committee for gender identity of minors, appointed by the Minister of Interior. The opinion of this Committee will primarily take into account the best interests of the minor and will be issued after the position of the parents or holders of parental responsibility of the minor has been heard, but also after it is confirmed that the desire stems from the free will of the minor, with full awareness of its consequences.
The most important article of the bill
Article 3 is the most important of the bill, as it recognizes the right of every person to the recognition of gender identity based on the self-determination of gender identity, without the condition of irreversible gender reassignment surgeries or other medical, psychiatric or psychological procedures. In particular, Article 3 guarantees the right to the recognition of gender identity; the right to respect for physical integrity and physical autonomy, irrespective of the expression of gender identity or sex characteristics; the right to free development as an individual and as a personality, in accordance with gender identity, and; the right to be treated according to his or her gender identity and, in particular, the right to be identified with it in documents proving his or her identity.
