Trans Rights Around the World

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Purple: Legal Identity Change

Red: No Legal Identity Change

Grey: Ambiguous

A lot of progress has been made for transgender rights across the world. While there is still much more to do, most countries support trans people legally changing their gender, although many still require trans people to undergo gender affirmation surgery to do so.

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Red: Mental health diagnosis required

Blue: No mental health diagnosis required

Grey: No legal gender recognition

In 2018, 34 countries in Europe still require a mental health diagnosis to determine whether a person is transgender and legally able to affirm their gender on official documents. A mandatory diagnosis strips away a trans person’s ability to self-determine and further adds stigma and allows discrimination against trans people.

The World Health Organisation recommends that countries stop categorising gender identities as a mental illness.

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Red: Sterilisation required

Blue: No sterilisation required

Grey: No legal gender recognition

14 countries in Europe also require forced sterilisation before a person can legally change their gender. In 2017 the European Court of Human Rights ruled that these laws were in gross violation of human rights laws. Any country wishing to be a part of the Union must reform these laws.

Trans Rights in Europe:

Legal Gender Recognition (LGR)

Procedures exist in: 41 countries

Out of these:

• 31 have legal certainty
• 10 have no legal certainty (procedures only, but no law)
• 34 request a diagnosis
• 7 request NO diagnosis
• 5 are based on self-determination
• 14 demand sterility
• 27 demand NO sterility
• 27 require medical interventions
• 21 request a divorce
• 20 request NO divorce
• 33 have age barriers
• 8 have NO age barriers
• 1 offer recognition for non-binary identities

Within the EU:

• 27 countries enable LGR
• 7 demand sterility
• 20 demand a mental health diagnosis
• 11 demand divorce
• 21 have an age barrier

Asylum

• 16 countries offer international protection on grounds of gender identity
• 13 out of these are EU member states
• 15 EU-countries offer NO international protection on grounds of GI (and are thus violating EU law)
• 13 countries have positive measures (policies) in place

Non-Discrimination

• 27 countries protect against discrimination in employment
• 10 EU member states do not protect against discrimination in employment (and are thus violating EU law)
• 22 countries protect against discrimination in access to goods & services
• 14 EU member states do not protect against discrimination in goods & services (and are thus violating EU law)
• 22 countries protect against discrimination in other spheres of life

Bias-motivated Crime

• Laws exist in: 13 countries
• 5 countries have positive measures (policies) in place combating bias-motivated crime and hate speech

Healthcare

• 18 offer protection against discrimination in healthcare
• 1 have depathologised trans identities
• 2 prohibit conversion therapy

Family

• 4 recognise trans parenthood
• Equality Body Mandate
• Equality Bodies in 25 countries have an Equality Body mandate inclusive of gender identity
• 11 EU member states have no equality body mandated to work on gender identity

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