Germans over the age of 18 can change their gender and name on documents from November 1
From November 1, citizens in Germany can simply change their name and gender in their personal documents. What is changing and how has it led to controversy?
From November 18, German citizens over the age of 1 can officially change their name, gender or refuse to declare their gender. This is provided for in the Law on Self-Determination.
Minors over the age of 14 will be able to do the same with parental consent or court process. Parents can change the gender tag for younger children, but the child must be present and consent.
The opinions of at least two psychiatrists and a court hearing are no longer required to change the gender designation on adult documents. From the moment of reporting the change to the moment of the change, three months must pass in which the person can change his mind.
It is a bureaucratic procedure, which has nothing to do with possible medical procedures or treatments.
Spared some inconvenience
Kalle Himpfner of the German Trans* Association (BWT) welcomes the fact that independent gender determination will now be simpler and cheaper.
"Previously, because of psychological assessments, people were forced to reveal a range of very personal information, information that was shared with the court. There have been many disgusting reports of people having to talk about their sexual preferences, how they masturbate or what underwear they wear," says Himpfner.
So far, according to data from the DPA agency, about 1.200 people in Berlin have submitted a request to change their bureaucratic gender designation. The KNA news agency reports that there is similar interest in other major German cities.
Nike Slavik, a member of the Green Party, who is herself a trans woman, participated in the forging of this law, which she calls a historic reform of international importance.
"I think this is a sign of hope at a time when the voices of right-wing populists are gaining strength again and when, unfortunately, the rights of queer people are diminishing in many countries," she tells DW.
Richard Keller is an advisor at Transgender Europe and Central Asia (TGEU). He says that the law brings Germany back to the line of European development of the last ten years. Germany becomes the twelfth country in Europe to allow such self-determination.
"Let's be honest, this issue affects a small number of people in a very personal way. Respecting their choice will not harm anyone, but will support the basic values of dignity and freedom that we all share," he says.
Keller warns that in many countries, such as Russia and Georgia, there are bans on gender reassignment whether on documents or in medical transitions.
Practical improvements
Proponents of the new law say it will now make life easier for trans, intersex and non-binary people. In many cases it will avoid the "difference" between physical appearance and the gender written in the documents, which caused many headaches at border controls.
The law states that after an administrative change of name and gender, a new change cannot be requested during the following year. Right-wing critics of the law say it could lead to people changing their gender every year.
Changing the data in the birth certificate entails a series of bureaucratic steps – from changes in the driver's license to those in the diplomas.
"It's a huge job to match all the IDs, and no one is going to do it just because it's fun," says Kale Himpfner.
Gender politics has become a hot topic in Germany as well. The ruling coalition of Social Democrats, Greens and Liberals has faced off against the powerful opposition Christian Democrats and the right-wing Alternative for Germany on the issue.
The law nevertheless passed the parliament this April, after a heated debate in which certain restrictions were added to the law.
A discussion followed by fear
Himpfner regrets that the debate has been driven by fears and concerns about possible abuse – thus, he says, casting trans people as potential criminals.
"You know how many times during the legislative process it was forgotten that it was about the basic rights of a marginalized and still very disadvantaged group," says Himpfner.
It was discussed, for example, whether a person who was born as a biological male would now be able to go to a women's sauna if he declared himself a woman. "And our experience shows that many trans women rarely or never go to saunas because they feel uncomfortable being there and being stared at," Himpfner continues.
There was also talk about the possible departure of trans women to safe houses for women - who escaped male violence.
"We are not aware of a single case in which a trans woman abused a safe house or was abused there, although many trans women regularly use safe houses," the Association of Safe Houses told the Tagespiegel daily.
But the debate itself has led to more hatred and hostility towards the trans community, argues Richard Keller. He claims it is an "orchestrated and well-funded" attack on equality and diversity in society.
Women's fears
Beate von Mickel, president of the National Council of German Women, tells DW that the issue has been politically instrumentalized as part of the culture war of the right, which is now reportedly suddenly afraid of women's rights.
"It is bittersweet for the women's movement that this has become a divisive issue. We should not allow ourselves to be divided," she says.
The organization run by Von Mikel unites sixty women's associations and groups. Von Mickel warns that the trans community and women's organizations should not allow themselves to be used against each other.
"There is a fear that the category of women will disappear," she says.
"We will remain the German Council of Women." But there must be more freedom, diversity and individuality, there is more than one way to live gender and be a woman," adds Von Mickel.
Source: Deutsche Welle/ Author: Julie Gregson