For the first time in Ukraine a transgender person could change the passport without sterilization through the courts. The Commission for changing sex requires from people wishing to change their sex, to pass complete sterilization, without having the legal basis to do so.
Dmitry won the case in the Ministry of Health back in 2015, but decided to tell about it only after he received a new passport. The court found that the Commission has illegally refused to issue a certificate to transgender people on the basis of which the passport office documents changes.
After the court upheld Dmitry and recognized the illegal actions of the doctors, the Commission issued a document to him, which did not have any marks with any graphs where the legal gender change is clear. The result is that the registry office did not agree to make corrections in the identification documents. Sveta and Dmitry assured that the Commission has issued such certificates specifically, realizing that they are invalid.
According to the laws, the patient has the right to choose the degree of surgical intervention, but to confirm the Commission’s diagnosis of “transsexualism”, verification is possible only in the case of consent for surgery with irreversible sterilization. In many countries, forced sterilization is recognized as a violation and thus it is canceled.
We have appealed to the Institute of Urology whether they were given with a request to answer such a conclusion or not, and we received a negative response. For these reasons, the court ruled enforcement of illegal sterilization “- says Oksana Guz, lawyer at Insight public organisation.
Ukraine needs to revise many aspects of its policy in the field of legal gender recognition, and bring it in line with international best practice standards, thus providing efficient, accessible and transparent procedures, according to the human rights activists there. A recent court decision represents a small but encouraging step in this direction.