Activists say Belgium’s ban on forced sterilization for gender change ‘ not enough’

Belgium won praise on Thursday for banning the forced sterilization of people who wish to change their legal gender, but campaigners said the law still fell short of fully recognizing the rights of transgender people.

Previously, transgender people in Belgium had to undergo sterilization and a mental health diagnosis in order for their preferred gender to be recognised legally. The practice of involuntary sterilization has been widely condemned as a human rights violation, including by the United Nations and the European Court of Human Rights.

Although the law change was hailed as a victory, campaigners for transgender rights criticized a still lengthy and inaccessible procedure and the lack of access to independent legal gender recognition for minors.

“Several of the concerns expressed by the trans community and civil society groups were not taken into account by the Belgian authorities,” Evelyne Paradis, director of the International Lesbian, Gay, Trans and Intersex Association said in a statement. “That is a bit of a missed opportunity – especially when other European countries have gone even further and have adopted laws that permit legal gender recognition in a completely demineralized procedure, based on self- determination, and open to all regardless of age,” she added.

With the new legislation, children aged 12 and older will be allowed to change their first name but will have to wait until they turn 16 to change their legal gender. Between 16 and 18, transgender people will be allowed to apply for legal recognition but will require parental authorisation and the approval of a psychiatrist.

Once they apply for the legal gender change transgender people in Belgium will have to wait for three months before confirming they are aware of the legal consequences of it.

“The waiting period prolongs the procedure unnecessarily,” Julia Ehrt, director of Transgender Europe, said in a statement. “This shows a lack of understanding and a mistrust of trans people, who are the ones often suffering from accused identity fraud when documents and gender expression do not match,” she added.