New judgment Gender change for transsexuals only with advice

Federal Constitutional Court demands "objective proof"
Transsexuals can not change their gender and change their first name without obtaining two opinions. The legal requirement that two independent experts examine the conditions for the desired sex change does not constitute a violation of the general right to privacy or human dignity, the Federal Constitutional Court ruled in a decision published on Friday, November 24, 2017 in Karlsruhe (Ref .: 1 BvR 747/17). However, those affected in the review process may not be led to the therapeutic treatment of their transsexuality.

Image: visivasnc - fotolia

In court, a transsexual from Dortmund was drawn, who wanted to switch from male to female gender. In addition to legal recognition as a woman, he also wanted to change his male name to "Nicole".

But the authorities refused the request. For the transsexuals have refused to be examined by two independent experts because of his desired sex change. This is however prescribed according to the transsexual law.

The transsexual considered the legal requirement unconstitutional. His general right to privacy and his dignity would be violated with the duty to examine. Legislators incorrectly assumed that transsexuality was a mental disorder or illness. The provision is aimed at "treatment and care of the sick". Also, there is no formal procedure as to how the assessment should proceed. This leads to arbitrary and random results.

The Federal Constitutional Court did not accept the constitutional complaint for lack of success. The legal requirement to have the conditions for the sex change examined by two experts violates neither the general right to privacy nor human dignity, according to the decision of 17 October 2017. Transsexuality is therefore not considered to be treated disease. Rather, an "objective proof" of the conditions of the sex change should be provided. But this is not based on the assumption that transsexuality is a disease.

The reviewers would have to check according to the law whether the transsexual person has been compelled to live according to their ideas for at least three years. Also, the "high probability" must exist that belonging to the opposite sex will not change.

However, the appraisal procedure should not be used to lead those affected to a therapeutic treatment of their transsexuality. fle