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Council of Europe

Gender reassignment law reform demanded by 20 organisations in open letter to the government of Finland

The trans persons´ human rights organisation Trasek and the LGBTI human rights organisation Seta together with 18 other youth, student and human rights CSOs published on October 26th 2012 an open letter to the government of Finland, demanding that the requirements violating human rights in the current gender reassignment act should be removed.

The signatories say that Finland should fulfill its international obligations such as recommendations made by the Human Rights Commissioner of the Council of Europe, and acknowledge its duty to implement the human rights of persons with diverse gender identities. One´s legal gender should only be based on selfdetermination and selfdefinition by the person. Requirements such as infertility or any medical treatment or diagnosis should be abolished as prerequisites for gender marker change.

According to the organisations, the government should see to it that a committee is formed without further delay to prepare the necessary legal changes. Representation by people affected by the gender reassignment act as well as human rights experts should be secured within the committee.

The organisations published the open letter after a leading government official had said in the media on October 12th that a potential reform process would possibly only be considered by the government after the next parliamentary elections that take place in 2015, due to budgetary restrictions within the ministry of social affairs and health.

More information:

Aija Salo, Secretary General, Seta – LGBTI Rights in Finland, paasihteeri@seta.fi

The whole letter in Finnish can be read here.

Finland should abolish infertility requirement of trans persons, says CoE Human Rights Commissioner

Council of Europe Commissioner for Human Rights, Nils Muiznieks, published today a report on the human rights situation of Finland, based on a country visit in June. The human rights organization Seta – LGBTI Rights in Finland welcomes Muiznieks´ views.

The Commissioner urges Finland to abolish infertility and non-marriage as requirements for gender reassignment. He also demands that the specific protection needs of intersex persons, including intersex children, should be identified and addressed in cooperation with civil society organisations. These are requirements that have been strongly put forward by Seta and a wide range of other civil society organisations, but they were left out of the government´s National Plan of Action for human rights in early 2012.

According to the Commissioner, the reform of equal treatment legislation should address the current gaps concerning the grounds of sexual orientation, and special focus should be on the mandate and expertise of an independent monitoring mechanism, such as an ombudsman, within employment. The authorities should give particular attention to improving the protection afforded to trans people and intersex persons.

The Commissioner welcomes the explicit prohibition of homophobic hate crime in the Penal Code. He urges the Finnish authorities to extend the prohibition also to hate crime with specific reference to gender identity.

In the report it is stated that the government should assess whether the recently founded inter-ministerial network of contact persons for human rights can provide sufficient coordination for LGBTI-related issues, or whether a particular ministry should be entrusted with the task specifically.

Seta finds the Commissioner´s recommendations very important and central to the human rights situation of LGBTI people in Finland. Seta hopes that the authorities take action to implement the recommendation without further delay. For example, a decision has been made already in January in the ministry for social affairs and health to establish a working group for reviewing the law on gender reassignment but the decision has still not been implemented.

Report on Finland by the CoE Commissioner for Human Rights Nils Muiznieks: https://wcd.coe.int/ViewDoc.jsp?id=1977837

More information about Seta´s views: Aija Salo, Secretary General, Seta – LGBTI Rights in Finland, email paasihteeri@seta.fi

Euroopan neuvoston pääsihteeri tuomitsee syrjinnän seksuaalisen suuntautumisen tai sukupuoli-identiteetin perusteella

Euroopan neuvoston pääsihteeri Thorbjørn Jaglandin mukaan syrjintä seksuaalisen suuntautumisen tai sukupuoli-identiteetin perusteella kuuluu historiaan.

Discrimination on grounds of sexual orientation or gender identity should be consigned to the pages of history!

Thorbjørn Jagland

17 May marks the International Day against Homophobia. Europe has seen important progress in addressing the rights of lesbian, gay, bisexual and transgender (LGBT) people. But there is more to be done.

In March, the representatives of the 47 member countries of the oldest European organisation, the Council of Europe recommended that all individuals must be able to enjoy their rights and freedoms without discrimination – including on grounds of sexual orientation or gender identity. They also recognised that non-discriminatory treatment by state actors, and, where appropriate, positive state measures for protection against discriminatory treatment, including by non-state actors, are fundamental components of the international system protecting human rights and fundamental freedoms.

Last week in Vilnius, European values of respect for agreed human rights standards won out over bigotry and hatred. For the first time ever, the city successfully hosted a gay pride parade. 500 people participated in the parade, and roughly twice as many people demonstrated against the event. Regrettably, reports suggest that one policeman and a journalist were injured in clashes with protesters against the parade, but the authorities are to be congratulated for their success in protecting the participants. The right to peaceful assembly is guaranteed by both the European Convention on Human Rights and the Lithuanian Constitution, and the rights of LGBT people cannot be denied. Banning Pride festivals is alien to the values of a modern European country and contrary to Council of Europe standards.

The World Health Organisation ruled almost 20 years ago that homosexuality is not an illness, and mainstream scientific and medical opinion holds that it is a natural variant of human behaviour. I believe that prejudiced attitudes on the part of the majority towards the homosexual minority cannot be used to justify discrimination. I also believe that discrimination on grounds of sexual orientation is as unacceptable as discrimination on grounds of sex, race, or religion.

Of course, the theory may be good, but what is really happening on the ground? Homosexuality has been decriminalised in all member states of the Council of Europe, and yet LGBT persons still face deeply rooted prejudices, hostility and widespread discrimination all over Europe. Now it´s time to do something about it.

In April this year, whilst debating a major report on discrimination on the basis of sexual orientation and gender identity, parliamentarians from all over Europe coming together at the Council of Europe voiced serious concerns about violations of the freedom of association and of expression of LGBT persons. They also referred to worrying occurrences of ”hate speech by certain politicians, religious leaders and other civil society representatives”.

European identity is as much about values as it is about geography. It is not just where we live, it is how we live together that defines us as Europeans. The eradication of homophobia and transphobia requires political will in member States. It is only a constructive debate within societies, initiated and led by visionary politicians, that will finally consign discrimination on grounds of sexual orientation or gender identity to the pages of history.