Germany and Sweden make it easier to legally change gender

SWITZERLAND — The European Court of Human Rights has ruled that Switzerland violated the human rights of 2,500 women over the age of 64 by failing to combat global warming. The Swiss Senior Women for Climate Protection claimed the government was violating their human rights as a vulnerable group by failing to lower emissions and prevent catastrophic global warming. This major victory also sets a precedent for each of the 46 member states of the Council of Europe in meeting the commitments of the Paris Agreement. Switzerland must now adjust its current climate targets based on science, in order to comply with its duties under the convention concerning climate change.

GERMANY — As of November 1, transgender, intersex, and nonbinary people will be able to legally change their name and gender in Germany without needing the evaluation of two psychiatrists and a court decision. Instead, people will simply need to provide three-months’ notice to the relevant authorities that they will be changing their gender. The German legal system allows three identity options: male, female or diverse. The Gender Identity Act was passed by the Bundestag on April 12 with 374 votes in favour and 251 against. The bill was promoted by chancellor Olaf Scholz’s three-party coalition and the socialist Left Party. According to the law, minors between 14 and 18 will be able to change their first name or gender identity with the consent of their parents or guardians. If the parents refuse, the applicant can ask a Family Court to intervene. Children under the age of 14 may apply for a change only through their parents or guardians.

SWEDEN  — Sweden’s parliament passed a law stating that a brief consultation with a doctor or psychiatrist will be enough to legally change gender, meaning it is no longer necessary to have a diagnosis of gender dysphoria. A second law decouples the legal process from medical procedures including hormone pills and gender reassignment surgery. This bill also lowers the minimum age for undergoing gender transition from 18 to 16. Sweden was the first country in Europe to pass a gender identity law. However, its legislation has since lagged behind other European
countries. Both bills will come into force on July 1, 2025.

DOMINICA — Dominica’s High Court has overturned a colonial law that criminalised consensual same-sex relations with penalties of up to 12 years in prison. The court ruled that banning same-sex relations violated the rights to liberty, freedom of expression and personal privacy, and therefore was unconstitutional. The case was brought by a gay man, who preferred to keep his identity anonymous, as he lived in “constant fear” of being punished for his sexual behaviour. The repealed law dates back to the 19th century, when Dominica was part of the British colonies. Five countries in the Caribbean still criminalise gay sex. These are Grenada, Guyana, Jamaica, Saint Lucia, and Saint Vincent and the Grenadines.

UGANDA — Uganda’s constitutional court has ruled that the country’s anti-LGBTQIA+ law passed last year, which includes the death penalty in certain circumstances, is legal, although it has struck down some sections. According to the ruling, issued on April 3, the anti-LGBTQIA+ law does not violate fundamental rights such as the right to work, privacy, freedom of expression or equality. The act, signed by president Yoweri Museveni in May 2023, imposes the death penalty for the crime of “aggravated homosexuality”, defined as having gay sex with a minor, having sex while HIV-positive or commiting incest. It also punishes same-sex sexual acts with life imprisonment, and « promoting » homosexuality with a 20-year prison sentence. Despite the increase in cases of assault and discrimination since the legislation was passed, the court only overturned sections restricting access to healthcare and rent for LGBTQIA+ people, as well as the obligation to report suspected acts of homosexuality.

FRANCE — At least 10,000 people in 50 cities across France joined rallies against transphobia organised on May 5 by more than 800 collectives and political, artistic, militant and intellectual figures, to repeal a Senate bill aiming to ban gender-affirming care for minors. Introduced by members of the right-wing bloc Les Républicains Senators, the bill seeks to ban puberty blockers, hormone therapy and gender reassignment surgery for minors. It would also provide for penalties of two years’ imprisonment and a 30,000 euros fine for the doctors who assist teenagers in their medical transitions. It is expected the bill will undergo examination on May 28.

ITALY — The Italian Parliament has passed a law allowing anti-abortion associations to access family planning centres, where women who wish to terminate their pregnancies seek legal advice and certification needed to have an abortion. The bill was introduced by MP Lorenzo Malagola, a member of Fratelli d’Italia, the far-right party of prime minister Giorgia Meloni. After being approved by the Deputies, the Senate passed it on April 23. Abortion was legalised in Italy in 1978 with Law 194, which established that any woman can request a voluntary termination of pregnancy within the first trimester of gestation for health, family, social or economic reasons. However, in article 3, the law states that counselling centres can help women to « overcome the factors » which might lead them to have their pregnancy terminated. This is the frame in which anti-rights groups say they would act.

ARGENTINA — Javier Milei’s far-right government has dismantled Argentina’s programme to prevent unintended teenage pregnancies, despite its success – the national fertility rate for 10-19 year olds has dropped from 49.2 to 27% over a period of five years. According to Argentine media reports, the government did not renew the contracts of the programme’s 619 employees. The plan provided sexual health information in schools and social spaces in 12 provinces of the country, while facilitating access to contraception and informing adolescents of their right to access legal, safe and free abortion. In December last year, Milei ordered the closure of the Ministry of Women, Genders and Diversity, suggested he was willing to repeal abortion law and dismissed trans workers from their jobs in public administration.

US — On May 1, the Arizona Senate voted to repeal an 1864 law that the state’s highest court had reinstated in early April. Democrats achieved this victory by a narrow margin with the surprise support of two Republican lawmakers. The Civil War-era law allowed terminations only when there was a risk to the patient’s life, and criminalised abortionist doctors with two to five years in prison. For several decades, the legislation was blocked by Roe v. Wade, the 1973 ruling that guaranteed the constitutional right to an abortion nationwide. But when the US Supreme Court overturned this decision in June 2022, a legal dispute started in Arizona. That same year, a statute was approved restricting terminations up to 15 weeks of pregnancy. Democratic Governor Katie Hobbs has already signed the bill to repeal the 1864 ban, which will take effect 90 days after the end of the legislative session, likely in June or July. The 15-week ban will then become the prevailing law in Arizona.

DENMARK — The Danish government reached a deal with four other political parties to raise the abortion limit from 12 to 18 weeks of pregnancy. The Ministry of Health stated in a press release that it intends to provide women with “more time and possibilities” to exercise their right to choose. This is the first time Denmark is easing its 1973 abortion law. It was also agreed that the five regional abortion bodies would be replaced with a new national abortion board able to grant permission for abortions after the 18th week of pregnancy. Additionally, adolescents between 15 and 17 will be allowed to have an abortion without parental consent. The bill will be presented to parliament during the 2024-2025 session and is backed by a large majority. If adopted, the law will come into force on June 1, 2025, making the country one of the countries allowing the latest abortions in the European Union alongside Sweden and the Netherlands.

COLOMBIA & PANAMA — Human rights groups have raised the alarm about increasing cases of rape and sexual abuse against migrants and asylum seekers in the Darien Gap, a jungle area between Panama and Colombia. The border crossing is one of the most dangerous and fastest growing in the world, with people using it to try to reach the United States, mainly from Venezuela, Ecuador and Haiti, but also from China and African countries. Human Rights Watch has said that Colombia and Panama’s governments are failing to effectively protect and assist hundreds of thousands of people in the region. A report by the organisation has pointed out that crimes against migrants and asylum seekers in Darien Gap, including sexual violence, are uninvestigated and unpunished on both sides of the border. An investigation by the New York Times documented several of these cases, and noted that sexual assault figures are rising to levels rarely seen outside of war zones. According to Doctors Without Borders (MSF), 16 cases of sexual violence are reported every day. In March, Panama ordered the organisation to stop treating people who have crossed the jungle.

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