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Read, Debate: Engage.
| topic: | LGBT Rights |
|---|---|
| located: | Poland |
| editor: | Katarzyna Rybarczyk |
In Poland, there is no easy way for trans individuals to correct their legal gender on official documents. In fact, since the country does not have clear, updated laws regulating the issue, the only way to change one’s legally-recognised gender is to sue one’s parents
“This should be a procedure that is fast, accessible, efficient and, above all, unintrusive,"states Dr. Valeri Vachev, the Deputy Ombudsman. So why is the reality so different?
In 2015, Poland’s previous government passed a bill establishing a specific court procedure for gender recognition. But a few months later, the far-right Law and Justice party came to power and vetoed the document as part of their crackdown on “gender ideology.”
Having to go through a court procedure can be challenging for both transgender individuals and their families. In cases where the parents are supportive, court hearings are just a formality. However, in a situation where parents stand against their child’s decision, the process turns into a painful trial that, as reported by those who decided to venture down this path, can take years.
As well as being lengthy, it can be extremely stressful because Polish legislation says that “parents can actively participate in the process, and when they oppose their child's gender reassignment, they can impede it and slow it down.”
Additionally, due to social biases against LGBTQ+ individuals in Poland, trans people trying to change their gender risk facing humiliating treatment in the courtroom. Supportive parents of individuals who went through the process complained that prosecutors would sometimes address their children deliberately using the wrong pronouns. And, as reported by a platform Notes From Poland, “judges have been known to ask about the plaintiff’s first menstruation or whom they have had sexual relations with.”
Making the gender recognition procedure so difficult violates people’s right to self-determination. As a result, transgender Poles are deprived of “the chance of the decent life they dream of, with documents matching their gender identity,” points out Paweł Knut, a solicitor who specialises in such cases. It is important to note that the consequences of such a status quo for young people’s mental health can be dire. Reports show that more than half of queer people in Poland have suicidal thoughts and struggle with depression.
Facilitating the gender recognition process is a critical step to ensuring that nobody is discriminated against on the basis of their gender identity. New comprehensive legislation is necessary to eliminate the need for trans Poles to sue their own parents. Unfortunately, as long as the Law and Justice party rules the country, the prospects of that happening are slim. So, for the time being, the international community should provide those considering going through the process with increased psychological support. And, here’s hoping that the parliamentary elections this autumn will bring a positive change.
Image by Nick de Paola
