A/HRC/19/41 which are enacted as forms of punishment for assumed or actual sexual orientation or behaviour.130 F. Denial of recognition of relationships and related access to State and other benefits 68. The Human Rights Committee has held that States are not required, under international law, to allow same-sex couples to marry.131 Yet, the obligation to protect individuals from discrimination on the basis of sexual orientation extends to ensuring that unmarried same-sex couples are treated in the same way and entitled to the same benefits as unmarried opposite-sex couples.132 69. In some countries, the State provides benefits for married and unmarried heterosexual couples but denies these benefits to unmarried homosexual couples. Examples include pension entitlements, the ability to leave property to a surviving partner, the opportunity to remain in public housing following a partner‟s death, or the chance to secure residency for a foreign partner. Lack of official recognition of same-sex relationships and absence of legal prohibition on discrimination can also result in same-sex partners being discriminated against by private actors, including health-care providers and insurance companies. 70. The Human Rights Committee has welcomed measures to address discrimination in this context. In its concluding observations on Ireland, the Committee urged the State party to ensure that proposed legislation establishing civil partnerships not be “discriminatory of non-traditional forms of partnership, including taxation and welfare benefits.”133 G. Gender recognition and related issues 71. In many countries, transgender persons are unable to obtain legal recognition of their preferred gender, including a change in recorded sex and first name on State-issued identity documents.134 As a result, they encounter many practical difficulties, including when applying for employment, housing, bank credit or State benefits, or when travelling abroad. 72. Regulations in countries that recognize changes in gender often require, implicitly or explicitly, that applicants undergo sterilization surgery as a condition of recognition. Some States also require that those seeking legal recognition of a change in gender be unmarried, implying mandatory divorce in cases where the individual is married. 73. The Human Rights Committee has expressed concern regarding lack of arrangements for granting legal recognition of transgender people‟s identities. It has urged States to recognize the right of transgender persons to change their gender by permitting the issuance of new birth certificates and has noted with approval legislation facilitating legal recognition of a change of gender.135 130 131 132 133 134 135 22 See A/HRC/16/44, paras. 23-24; E/CN.4/2002/106, para. 90-92; E/CN.4/2002/83, paras. 57 and 101102; and A/61/122/Add.1, paras. 57, 73, 84 and 151. Joslin v. New Zealand (CCPR/C/75/D/902/1999), 10 IHRR 40 (2003). Young v. Australia (CCPR/C/78/D/941/2000), para. 10.4. CCPR/C/IRL/CO/3, para. 8. Ibid. See the Committee‟s concluding observations on the United Kingdom of Great Britain and Northern Ireland (CCPR/C/GBR/CO/6), para. 5. See also A/64/211, para. 48; and T. Hammarberg, “Human rights and gender identity”, Council of Europe, Strasbourg, 2009, para. 3.2.1. See CCPR/C/IRL/CO/3, para. 8, and CCPR/C/GBR/CO/6, para. 5.