Subject: "The Legal Gender Identity Recognition Act of 2022"
It is with great pleasure that I present before you and for the first time the bill entitled the "Legal Gender Identity Recognition Act of 2022".
This is a ground-breaking Bill, a commitment of the Government, which establishes a clear legal framework, with clear, transparent and easily accessible procedures for the legal recognition of a person's gender identity.
It is recalled that such a procedure is already in place in the Republic of Cyprus, but on the basis of an administrative procedure followed by the Department of Civil Registry and Immigration, since 2019.
The purpose of the Bill is to guarantee the right of every person to the legal recognition of gender identity, without invasive procedures, but on the basis of self-determination, as is our obligation both as a member of the European Union and as a member of the Council of Europe and the European Convention on Human Rights.
Besides, the concept of "gender identity" is not unknown in our Cypriot system. It is found in the Criminal Code, in the Law on the Prevention and Combating of Violence against Women, in the Law on Protection from Harassment and Harassing Stalking.
By the term "gender identity" we mean the way in which a person experiences his or her own gender, regardless of the gender registered, based on biological characteristics, at birth.
Key provisions of the Bill
The Bill was prepared by the Ministry of Justice and Public Order, in collaboration with the Law Commissioner, and was subject to public consultation.
In particular, the positions of state agencies, the Commissioner for the Protection of Children's Rights, the Commissioner for the Protection of Personal Data, the Presidential Advisor on Multiculturalism and civil society were taken into account.
The Bill establishes the procedure for the legal recognition of gender identity, which, as I have already mentioned, is based on the principles of self-determination, human dignity and bodily integrity.
In simple terms, it provides for the procedure for changing a person's registered gender information in official documents: identity card, passport, voter's booklet, birth certificate, so that it is consistent with the gender as experienced by that person.
The person does not need to undergo any surgery, medical treatment or psychiatric consultation.
This is a simple and easily accessible procedure.
Specifically, the applicant submits a written application for a certificate of legal gender identity recognition to the Registrar (if a Cypriot citizen) or the Director of the Civil Registry Department (if a Cypriot born abroad and a refugee residing in the Republic or a refugee).
The application is accompanied by an affidavit signed in person before a District Court Registrar indicating the desired gender, first name and surname and stating that the person submits the application of his/her own free will and understands the consequences of this procedure.
The right to legal gender identity recognition is given to (a) Cypriot citizens, including minors who have reached the age of 16, (b) Cypriots born abroad but registered with the Population and Immigration Registry and (c) refugees.
It is a condition, however, that the applicant is not married. While, this right can be exercised up to 2 times.
The decision is issued (by the Registrar or Director) within 30 days. If the application is approved, a new identity card, passport, voter's booklet, birth certificate with the new data is issued.
In addition, a certificate of legal recognition of gender identity is issued which is valid against everyone. In other words, upon presentation of the certificate, any authority, public or private sector entity must revise the data of that person registered in the databases it maintains. It is the applicant's obligation to ensure that his/her details are immediately changed in the various services. If he or she fails to do so, he or she will be deemed to have committed a criminal offence.
It is noted that any rights, obligations and any kind of connection with a criminal case or other liability of any nature of the applicant, created before the issue of a certificate of legal gender identification, shall continue to exist after its issue.
Furthermore, the rights and obligations of the persons concerned in relation to their children shall not be affected. In fact, the issue of the certificate does not result in an automatic change to the children's birth certificate or any documents relating to their children.
As regards minors who are entitled to legal gender identity recognition, i.e. 16 to 18 years old, the procedure becomes stricter.
In particular, before the application is submitted by the parents, the latter must have applied to the Family Court to obtain an order to that effect.
In order to issue an order, the Family Court must request and receive a positive, unanimous opinion from the Gender Identity Commission for Minors, which is constituted under the provisions of this bill and is composed of an official of the Social Welfare Service, a child psychiatrist and a psychologist.
A very important provision of the bill is that medical interventions for the purpose of changing the sex of a minor are expressly prohibited, except where, in the judgment of the attending physician, there is a serious health reason that endangers the life of the minor. This provision is intended to protect transgender persons who, at a very young age, are subjected to interventions without their consent, often with disastrous consequences for their development (Article 10).
In conclusion, allow me to express my thanks to all those who have contributed to the preparation and enrichment of this bill.
I am confident that the promotion and adoption of the bill will be a very important step for the protection and safeguarding of human rights.
I am confident that the promotion and adoption of the bill will be a very important step for the protection and safeguarding of human rights.
I am confident that the promotion and adoption of the bill will be a very important step for the protection and safeguarding of human rights. The Republic of Cyprus is one of the last members of the European Union, and of the Council of Europe, which has not established a clear, legally established procedure for the legal recognition of gender identity. As a modern rule of law, we ought to take this step as well.
(MB/EXP)
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