Self-Determination Act (Germany): Difference between revisions
←Created page with 'The planned '''law on self-determination with regard to gender entry''' ({{Lang-de|Gesetz über die Selbstbestimmung in Bezug auf den Geschlechtseintrag}}, '''SBGG'''), unofficially also called '''the Self-Determination Act''' ({{Lang-de|Selbstbestimmungsgesetz}}) is intended to make it easier for transgender, intersex and non-binary people in Germany to have their gender entry and first name changed. A draft bill of the law has been available since May 20...' |
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Revision as of 05:27, 20 April 2024
The planned law on self-determination with regard to gender entry (Template:Lang-de, SBGG), unofficially also called the Self-Determination Act (Template:Lang-de) is intended to make it easier for transgender, intersex and non-binary people in Germany to have their gender entry and first name changed.
A draft bill of the law has been available since May 2023, which, after detailed changes, was passed as a government draft on August 23rd[1][2] and, after further changes, was adopted by the Bundestag on April 12th, 2024.
The law stipulates that the gender entry and first name can be changed by simply making a declaration at the registry office; A three-month waiting period must be observed beforehand. Medical measures are not regulated by the SBGG.
With the entry into force of the Self-Determination Act (planned for November 1, 2024), the 1980 Transsexuals Act (Template:Lang-de), which prescribes a complex expert procedure and judicial recognition of the changes for changing the gender entry and name, will no longer be in force.[3] In addition, it amends the 2018 Third gender law, which previously only allowed intersex people to legally identify as a third gender.
Details
In the version of the government draft of August 23, 2023 the SBGG provides for a standardized regulation for trans and intersex people. To change the gender entry and first name, all that is necessary is a declaration to the registry office (§ 2 Para. 1), as well as the assurance that the chosen gender entry or first name best corresponds to the gender identity (§ 2 Para. 2 and 4). For minors over 14 years of age, the consent of a legal representative (or the family court) should be necessary (Section 3 Paragraph 1), for minors under 14 years of age the legal representative should be able to make the declaration themselves (Section 3 Paragraph 2). According to the draft, the declaration must be announced to the registry office three months in advance (§ 4). After the change, a blocking period of one year (§ 5) will apply. Documents that still contain the old first names or the old gender entry should have to be reissued upon request (§ 10).
Domestic rules (Section 6 Paragraph 2) and sport (Section 6 Paragraph 3) should be independent of gender entry. Medical measures should also not be regulated by the SBGG (Section 6 Paragraph 4).
In the event of tension or defense, the previous assignment to the male gender should remain in place with regard to “service with weapons” ( military service ) (§ 9). This should apply to changes in gender entry that were declared at the earliest two months before the defense case was established.
The SBGG contains a ban on disclosure, according to which it should be forbidden to reveal or research the previous gender entry and previous first names (§ 13). “For special reasons of public interest”, e.g. B. for criminal prosecution, this ban is suspended (Section 13 Paragraph 1 Sentence 3). Anyone who violates the ban on disclosure and thereby intentionally harms the person concerned should commit an administrative offense and be liable to a fine of up to €10,000 (Section 14).
The federal government should be obliged to review the law within five years and report on it to the Bundestag.
See also
References
- ^ Keilani, Fatina (2023-08-17). "Queer, trans, bi: Selbstbestimmungsgesetz kommt mit kleinen Änderungen". Neue Zürcher Zeitung (in Swiss High German). ISSN 0376-6829. Retrieved 2024-04-20.
- ^ "Selbstbestimmungsgesetz: Kritik von LGBTI-Aktivist*innen und Trans-Gegner*innen". queer.de (in German). Retrieved 2024-04-20.
- ^ Garbe, Sophie (2023-07-17). "(S+) Klimaschutz, Einbürgerung, Cannabis: Welche Vorhaben der Ampel noch offen sind". Der Spiegel (in German). ISSN 2195-1349. Retrieved 2024-04-20.