A/HRC/43/52
(i)
A child’s involvement in justice processes, through privacy standards and
protocols, including closed court proceedings;
(ii)
Child victims of sexual and economic exploitation, trafficking and sale;
(iii)
Participants in services designed for those subjected to such treatment;
(k)
They ensure that child pornography laws are not susceptible to being used to
compound the negative social stigma already disproportionately borne by those whose
sexualized self-representations are distributed beyond their intended recipient and that
discourage reporting and prosecution of the exploitative and abusive redistributions that the
statute was enacted to address.
F.
Gender identity and legal recognition
35.
States and non-State actors should:
(a)
Facilitate formal recognition of identity, regardless of an individual’s gender,
by ensuring that:
(i)
Requirements for information on sex or gender are relevant, reasonable and
necessary, as required by law for a legitimate purpose in the circumstances in which
it is sought, and that they respect everyone’s right to self-determine their name and
gender;
(ii)
Changes to the name or gender marker are not disclosed without the prior, free
and informed consent of the person concerned, unless ordered by a court;
(b)
Protect the data of individuals who have changed their sex and/or gender on
official records by:
(i)
Protecting their history of changes of sex and/or gender or name from
interference;
(ii)
Ensuring that such data are recorded and accessed only when the history is
relevant to decision-making;
36.
(iii)
Requiring robust security controls;
(iv)
De-identifying or destroying such information when no longer required;
States should ensure that:
(a)
Government digital identity programmes are not used to monitor and enforce
societal gender norms or for purposes that are not lawful, necessary or proportionate in a
democratic society;
(b)
Official identity documents include only relevant, reasonable and necessary
personal information relating to sex and gender, as required by law for a legitimate purpose;
(c)
Comprehensive legislation is enacted and administrative and technological
systems are implemented to establish a swift, transparent and accessible mechanism, based
on self-determination by the person, that legally recognizes and affirms each person’s chosen
name and self-defined gender identity;
(d)
No eligibility criteria, such as surgical, medical or psychological interventions,
psychomedical diagnosis, minimum or maximum ages, economic status, civic records,
immigration, health, marital or parental status or any other third-party opinion, are
prerequisites for or barriers to changing one’s name, legal sex or gender;
(e)
A multiplicity of gender marker options is made available while moving to end
the registration of sex and gender in identity documents, such as birth certificates,
identification cards, passports and drivers’ licences;
(f)
Robust privacy protections are provided for the legal recognition of name
changes in identity documents and, where there is a requirement to publicly report such
changes, including by online means, options are provided for affected individuals to seek the
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