A/HRC/35/36
C.
Legal recognition of gender identity
57.
In many countries, transgender persons are not able to have their self-identified
gender recognized by the State, even with gender reassignment surgery, and have to endure
lifelong abuses and discrimination. Non-recognition is interlinked with the environment
that leads to violence and discrimination. In some situations, they are forced to undergo
gender reassignment surgery, other medical procedures, such as psychological assessment,
conversion therapy, sterilization and also divorce, with or without legal recognition of their
self-identified gender. Other impediments include bureaucratic hurdles and difficulties in
accessing medical care, such as hormone treatment, as well as in accessing the wherewithal
of life, such as education, housing, a decent standard of living and employment
opportunities. Yet, a number of countries, such as Argentina, Australia, Malta, and
Scandinavian countries, are now leading the way by enabling people to have their selfidentified gender recognized under national law without the need for surgery and related
medical procedures, unless they opt for the latter on a non-coerced basis, and by reducing
the bureaucratic hurdles along the way. On a related front, the issue of forced surgery (from
a young age) also pertains to intersex persons; this is interrelated with violence and
discrimination, whereby such persons are prevented from enjoying the element of choice
concerning their sexual orientation and gender identity, which is an intrinsic part of the
diversity of human life. There is thus a need to move towards legal recognition of selfdefined gender identity without coerced methods.
D.
Destigmatization linked with depathologization
58.
Stigma based on sexual orientation and gender identity, and, concomitantly, violence
and discrimination, may arise in a variety of situations, including in the medical and related
sectors, and this is linked with the issue of pathologization. Before 1990, even at the
international level, homosexuals were classified as mentally ill; this exemplified a
pathologizing approach towards sexual and gender identity (looking as lesbian, gay,
bisexual and transgender persons as suffering from some form of illness, mental disorder,
dysphoria or incongruence), which is now increasingly being questioned. Even though the
pathologization facing homosexuals/gays is now no longer the case internationally, at the
national and local levels, the situation is still opaque. There are also some parts of the world
where gays and lesbians are still being forced into conversion therapy in the distorted belief
that this will change their sexual orientation and gender identity. In regard to transgender
and intersex persons, the situation is difficult internationally, as they still fall under the
International Classification of Diseases, which is now in the process of being adjusted to
reduce stigma.31 There is a further consideration as regards how to ensure sustained access
to medical care and services, such as access to hormones and related treatment. The
preferred approach should be to ensure access to comprehensive health care for all, without
resorting to labels that give rise to stigma. The invitation to destigmatize and depathologize
opens the door to more cooperation with the medical, scientific and ethics sectors, to
promote shared understanding that sexual orientation and gender identity are part of the
natural state of being human, and correlatively, to ensure respect for all persons without
distinction.
E.
Sociocultural inclusion
59.
Regrettably, lesbian, gay, bisexual and transgender persons are excluded from
society in many countries: the marginalization and peripheralization are part of a vicious
cycle that gives rise to a host of other problems. The atmosphere that excludes people from
the sociocultural environment inevitably lends itself to violence and discrimination. The
case of transgender persons illustrates this: in many countries, they are often bullied at
31
Doris Chouand others, “Sexual health in the International Classification of Diseases (ICD):
implications for measurement and beyond”, Reproductive Health Matters, vol. 23, No. 46 (2015), pp.
185-192.
17
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