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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

Seta demanded action for LGBTI people’s human rights at Finland’s human rights review at the UN

Today, Seta – LGBTI Rights in Finland held a historical speech as it addressed the Human Rights Council of the United Nations for the first time. The speech was a part of the Universal Periodic Review of Finland. Seta demanded that Finland adopts a comprehensive LGBTI human rights policy.

Seta stated that despite progress, significant challenges remain in the human rights situation of LGBTI people in Finland. Gender nonconforming children face transphobic bullying in schools. Discrimination in the employment market is common, and many trans persons remain outside the labour force. Intersex children sometimes suffer serious mental and physical complications due to surgical operations that lack medical grounds.

Seta noted that the recently adopted National Action Plan for Human Rights has very few references to sexual orientation or gender identity. Seta suggested drafting a comprehensive LGBTI policy action plan. Seta also raised the importance of some ongoing legal reforms.

Seta’s statement was delivered by Nori Spauwen representing ILGA-Europe. The statement can be read below.

More information: Aija Salo, Secretary General, tel. +358 (0)50 309 8108, paasihteeri@seta.fi

Finland’s response to the UPR recommendations on the website of the foreign ministry
The UPR resource base on the OHCHR website: http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx

UPR: Finland

ILGA-Europe and Seta – LGBTI Rights in Finland

United Nations Human Rights Council, Geneva, 19th September 2012

Mr. President,

we commend Finland for accepting the recommendation to increase its efforts in combating discrimination on grounds of sexual orientation and gender identity. We are looking forward to an effective and comprehensive implementation of the commitment.

Whilst we welcome the progress delivered by this Government, significant challenges still remain. Trans and intersex persons face serious discrimination. Gender nonconforming children face transphobic bullying in schools. Discrimination in the employment market is common, and many trans persons remain unemployed. Intersex children sometimes suffer serious mental and physical complications due to surgical operations that lack medical grounds.

The government states that a working group will be appointed to examine the need to amend the Act on Legal Recognition of the Gender of Transsexuals. We urge the government to proceed with this commitment very soon. Persons applying for gender marker change currently face degrading conditions such as infertility requirement that shows the legislator´s lack of understanding the everyday lives of trans persons, of which many already have children and families.

The government states that a possible need to amend family legislation will be discussed. Currently there are several legislative procedures where the equal treatment of LGBTI people´s families should be taken into account. Children should not be treated unequally depending on their parents´ gender.

We note that the recently adopted National Action Plan for Human Rights has very few references to LGBTI people. This places a serious challenge on the government to show concrete commitment to policies to improve the human rights of LGBTI people. While many authorities are working on improving the equality of LGBTI persons, there is a need for a more coherent and coordinated policy. We suggest drafting a comprehensive LGBTI policy action plan and defining responsibilities for implementation and monitoring the plan.

Finally, we thank Finland for a constructive dialogue during the UPR process and stand ready for further interaction to ensure that all LGBTI people can enjoy their citizenship in full equality.

Thank you, Mr. President.

Poltavchenko is ”Rat of Honour”

Finnish LGBTI organization Seta gives its annual anti-award to Governor of St. Petersburg.

Seta ry 30.6.2012
Helsinki, Finland

Seta awarded today the governor of St. Petersburg, Gergiy Poltavchenko, with Seta´s annual anti-award called the ”Rat of Honour”. Poltavchenko received the anti-award because he signed the notorious anti-LGBT law of St. Petersburg in March 2012. Seta´s awards were a part of Helsinki Pride, the biggest LGBT event in Finland.

Seta wants to raise awareness about the human rights situation of LGBTI people in areas close to Finland. The distance between Helsinki and St. Petersburg is four hundred kilometres only.

”Poltavchenko could have refused to sign the law. The law goes against the constitution of Russia as well as international human rights agreements and recommendations, such as the Council of Europe Committee of Ministers recommendation to member states to combat all discrimination against LGBT people. The situation in St. Petersburg is worrying especially as a similar development is spreading elsewhere in Russia” stated Outi Hannula, the chairperson of Seta, in her speech.

Seta has arranged protests and events and written letters to Russian and Finnish authorities against the censorship laws of St. Petersburg and other areas of Russia also before. In April, when governor Poltavchenko visited Helsinki, Seta organized a public demonstration together with Amnesty Finland.

Seta gives the ”Rat of Honour” anti-award annually to a person or organisation that has expressed discriminatory opinions about LGBT people or has discriminated against them. In addition, Seta gives a positive award, the ”Apple of Good Information”, to a person or organization that has promoted the human rights of LGBTI people. This year, the recipient of the Apple is the Gender equality ombudsman Pirkko Mäkinen who actively and strongly defends the human rights of trans and intersex persons.