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Gender transition in Switzerland simplified

New law takes effect on Jan. 1

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(Photo courtesy of the the European Unionā€™s Rights, Equality and Citizenship TGEU Program)

New rules written into Swiss law will allow transgender and intersex citizens of Switzerland aged 16 and older to adjust their gender and legal name status on official documents by self-declaration at the civil registry office taking effect starting Jan. 1.

The changes were passed on Dec. 18, 2020, when the Swiss Parliament passed a bill for legal gender recognition procedures based on self-determination. Previously Swiss law required require a certificate from a medical professional confirming an individual’s trans identity.Ā 

In addition, under the current law, legal gender recognition, procedures in Switzerland are still based on court proceedings that vary from court to court or even from judge to judge. The new law will not only simplify and standardize the procedure but will also be less expensive, quicker and based on self-determination.

According to Transgender Network Switzerland, costs will be reduced to an administrative fee of 75 CHF ($81.83). Under the old law, legal gender recognition could cost up to 1.000 CHF ($1091.13).Ā 

Transgender Europe, (TGEU), a network of different organizations working to combat discrimination against trans people and support trans people rights, welcomed the adoption of the legislation last year. TGEU Executive Director Masen Davis noted: ā€œEspecially given the backlash against trans peopleā€™s human rights in 2020, we are happy to see this law pass before the end of the year. Some countries have shown major step-backs in legal gender recognition, such as Hungary or Russia. It offers our communities some hope to see the Swiss example.ā€

As the law takes effect, TGEU and the Transgender Network Switzerland (TGNS) expressed criticism that for those younger people and those under adult protection will require parent/guardian consent.

In a media release last December TGNS noted:

“The joy that Switzerland has achieved the current human rights standard for adult intersex and trans women and men is, however, severely clouded in the communities concerned.Ā In contrast to today, under-16s and people under comprehensive assistance can only apply for the change in the future with the consent of the legal representative, even if they are capable of judgment.Ā You are the only one whose personal rights are restricted in this way, although the change in the gender entry does not affect anyone other than yourself.

ā€œToday could be a great day of joy for us: We have wanted a simple, self-determination process for years.Ā But today we are mainly shocked by the way in which Parliament deals with intersex and trans young people.Ā Today’s decision worsens the situation of young people massively and contradicts children’s rights.Ā With this decision the parliament provokes – consciously – great suffering of a minority and lets conflicts in families escalate,” comments Audrey Aegerter, president of InterAction Suisse, on the approved proposal.Ā And Alecs Recher, who heads TGNS’s legal advice, adds with a view to implementation: “We will support all young people and assisted trans and intersex people,Ā so that they receive the correct gender entry despite this new hurdle!Ā We call on Federal Councillor Keller-Suter and Parliament to observe the practical effects of the approval requirement and to make the necessary corrections. “

Switzerland joins Ireland, Belgium, Portugal and Norway as one of the few countries on the continent that allow a person to legally change gender without hormone therapy, medical diagnosis or further evaluation or bureaucratic steps, Reuters reported.

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India

Indian political parties for the first time include LGBTQ rights in election platforms

Voters will begin to cast ballots on April 19

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(Photo by Rahul Sapra via Bigstock)

The world’s largest democratic exercise will begin in India on April 19 as citizens begin to cast their votes in the country’s election.

This year’s election is different because national level political parties for the first time are promising to extend marriage rights to same-sex couples as part of their election platforms. 

The Indian National Congress, one of India’s oldest political parties, promised after wide consultation that it would introduce a bill that would recognize civil unions between couples who are part of the LGBTQ community. The party, which has governed India for the majority of the period since independence from the U.K. in 1947, has refrained from taking a stance on laws that include Section 377, which criminalized consensual same-sex sexual relations.

Then-Health Minister Gulam Nabi Azad in 2011 when the INC was in power said homosexuality is a disease. He made the controversial comment while speaking at an HIV/AIDS conference in New Delhi, the Indian capital.

“Unfortunately, this disease has come to our country too,” said Azad. “Where a man has sex with another man, which is completely unnatural and should not happen but does.”

When the Delhi High Court was hearing the Naz Foundation case, the Home Affairs Ministry opposed the striking down of Section 377 based on its belief that homosexuality cannot be morally condoned. The INC never struck down Section 377, which criminalized homosexuality, in parliament.

A 5-judge panel on the Supreme Court on Sept. 6, 2018, decriminalized consensual same-sex sexual relations.

The Communist Party of India (Marxist) on April 4 unveiled its platform with a range of socialist commitments, including support for LGBTQ rights. Among these pledges is to amend the Transgender Persons (Protection of Rights) Act 2019 to address community concerns and ensure legal recognition and protection for same-sex couples akin to marriage. 

The platform also outlined plans to introduce a bill similar to the Special Marriage Act of 1954, which allows partners to be listed as dependents and facilitating like inheritance, alimony in the event of divorce and other issues. The party further pledged to enact a comprehensive anti-discriminatory bill that would include LGBTQ people, ensure quotas in educational institutions and implement horizontal reservations in employment.Ā 

Addressing the issue of crimes against LGBTQ people, the platform promised to treat such offenses on par with crimes against heterosexuals. The platform also calls for tackling bullying, violence and harassment of gender non-conforming and LGBTQ people in educational settings, enforcing anti-hazing policies and combating hazing based on sexual orientation and gender identity. 

The platform further touched issues related to transition and informed consent.

The Special Marriage Act of 1954 is a law that provides for civil unions among Indians and Indian nationals who live abroad, regardless of the religion or faith followed by either party. This law enables people from two different religious backgrounds to enter into marriage. Parliament in 2019 passed the Transgender Persons (Protection of Rights) Act that extended rights to trans people.

Brinda Karat, a former member of the Rajya Sabha, the upper house of the Indian Parliament, andĀ leaderĀ of the Communist Party of India (Marxist), spoke with the Washington Blade and said the current government has homophobic ideas that are not acceptable to the party.

The ruling government under Prime Minister Narendra Modi is striving to secure more than 400 parliament seats in the upcoming election, aiming for a substantial majority. 

Various polls conducted by Indian news organizations indicate a probable victory for the ruling Bharatiya Janata Party. In response to the BJP’s dominance, Congress and several national and regional parties have joined forces as the Indian National Developmental Inclusive Alliance. 

This alliance comprises 26 opposition political parties. Despite its formation, however, there is no clear coalition strategy in place and only two parties have included LGBTQ-specific policies in their election platforms. 

The Blade reached out to Congress’ spokesperson for comment, but has not received a response. The BJP also did not respond to a request for comment.

The party has yet to release its election platform. 

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

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Africa

Ugandan activists appeal ruling that upheld Anti-Homosexuality Act

Country’s Constitutional Court refused to ‘nullify’ law

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(Image by rarrarorro/Bigstock)

Twenty-two LGBTQ activists in Uganda have appealed this month’s ruling that upheld the country’s Anti-Homosexuality Act.

The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”

President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Media reports indicate Sexual Minorities Uganda Executive Director Frank Mugisha and Jacqueline Kasha Nabagesara are among the activists who filed the appeal.

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Africa

Congolese lawmaker introduces anti-homosexuality bill

Constant Mutamba’s measure seen as distraction from country’s problems

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Congolese MP Constant Mutamba (Photo courtesy of Mutamba's X account)

A member of the Democratic Republic of Congo’s National Assembly who is a leader of the country’s opposition party has introduced a bill that would criminalize LGBTQ people.

Part of the bill that Constant Mutamba, leader of the Dynamic Progressive Revolutionary Opposition platform, has put forth states anyone who “commits a homosexual act (including acts and gestures) will be liable to a 5- or 10-year prison sentence.”

The country in recent years has seen government leaders and civic society target the community with anti-LGBTQ sentiments.

The Superior Council for Audiovisual and Communication, Media Regulatory AuthorityĀ  last JuneĀ cautioned the media against showing LGBTQ-specific conversations. Several activists have criticized Mutamba’s bill, saying it seeks to move attention away from governance, service delivery and other pertinent issues in the country.

Sirius Tekasala, a human rights activist, said a person’s sexual orientation does not impact issues of governance.

“The proposed bill does not go in the direction of improving the socio-economic life of the Congolese people,” said Tekasala. “It’s not homosexuals who prevent you from doing your job well or from breathing. This is a violation of human rights.”

Mbuela Mbadu DieudonnƩ, a social analyst and trade unionist, said the bill is just a way of deviating people from the pertinent issues.

“He should suggest how to get the Congolese people out of this precariousness of life which is growing on a daily basis,” said DieudonnĆ©. “When we don’t know the real problems of the Congolese people, he sets himself up as the great director of scenes to distract the Congolese people.”

Many Congolese, however, seem to support the bill and have applauded Mutamba for drafting it.

This is not the first time that such kind of a bill has been drafted.

An anti-homosexuality bill introduced in 2010 would have sentenced people who engage in consensual same-sex sexual relations to between three and five years in prison. The measure, however, did not become law.

Mutamba’s bill, however, may pass with Uganda’s Anti-Homosexuality Act in effect. The country’s Constitutional Court earlier this month upheld it. Burundi, Tanzania and other neighboring countries are also considering similar measures.

Many Congolese people view LGBTQ rights as a Western phenomenon that disregards their religious and cultural beliefs. LGBTQ Congolese are among those who have fled the country and sought refuge in the Kakuma refugee camp in Kenya and other places.

Consensual same-sex sexual relations are not criminalized in the Democratic Republic of Congo, but Congolese law does not recognize same-sex marriages.

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