The belief that they will deliver a piece of legislation that will “liberate” trans people, who are often on the fringes of society, said on Wednesday the President of the Legal Committee, Nikos Tornaritis, during the debate on the Legal Recognition of Gender Identity Act of 2022.
In her initial statement, the Minister of Justice and Public Order, Stefi Drakou, said that this is a “pioneering bill”, which was a commitment of the Government and which establishes “a clear legal framework, with clear, transparent and easily accessible procedures for the legal recognition of a person's gender identity”.
The purpose of the bill, he said, is to guarantee the right of every person to the legal recognition of gender identity, without invasive procedures, but on the basis of self-determination, “as is our obligation both as a member of the European Union and as a member of the Council of Europe and the European Convention on Human Rights”.
He noted that, by the term “gender identity” they mean the way in which the person himself experiences his gender, regardless of the gender registered, based on his biological characteristics, at his birth.
The bill establishes the process of legal gender identity recognition, and provides for the process to change a person's registered gender information on official documents such as identity card, passport, voter's book, birth certificate, so that they agree with the gender as experienced by the individual. due person.
The person does not need to undergo any surgery, medical treatment or psychiatric consultation, he noted, adding that it is “a simple and easily accessible procedure”.
Specifically, the applicant submits a written application for the issuance of a legal gender identification certificate to the Registrar, if it is a Cypriot citizen, or to the Director of the Population Record Department, if it is a Cypriot born abroad and refugees residing in the Republic or a refugee. The application is accompanied by an affidavit indicating the desired gender, name and surname while declaring that the person submits the application of his own free will and understands the consequences of this procedure.
The right to legal gender identity recognition is given to Cypriot citizens, including minors who have reached the age of 16, Cypriots born abroad but registered in the Population and Migration Register and refugees.
“It is a condition however, the applicant must not be married. Whereas, this right can be exercised up to 2 times”, said the Minister.
If the application is approved, a new identity card, passport, voter's book, birth certificate with the new information as well as a certificate of legal recognition of gender identity are issued, “which is valid for everything”. That is, he explained, with the presentation of the certificate, every authority, entity of the public or private sector must review the data of this person, which are registered in the databases it maintains.
She emphasized that it is the applicant's obligation to ensure the immediate change of his details in the various services and if he does not do so, “he will be considered to have committed a criminal offence”.
The Minister also stated that the rights and obligations of the persons in question in relation to their children.
As for minors who have the right to legal gender identity recognition, i.e. 16 to 18 years old, “the procedure becomes stricter”, said the Mr. Drakou.
Before the submission of the application by the parents, he added, the latter must have gone to the Family Court in order to achieve the issuance of a relevant decree. In order to issue a decree, the Family Court must request and receive a positive, unanimous, opinion from the Juvenile Gender Identity Committee, which is established based on the provisions of this bill, and is composed of an official of the Social Welfare Service, a child psychiatrist and a psychologist.
“A very important provision of the bill”, noted Ms. Drakou, is that medical operations to change the sex of a minor are expressly prohibited, except where, at the discretion of the attending physician, there is a serious health reason that puts the minor's life at risk.< /p>
“This provision aims to protect transgender people, who at a very young age are subject to operations without their consent, with many times, harmful consequences in the way they develop”, added the Minister.
He noted that the Republic of Cyprus is one of the last members of the European Union and of the Council of Europe which has not established a clear legally enshrined procedure for the legal recognition of gender identity. “As a modern State of Law, we must also take this step,” she said.
The Minister reminded that such a procedure is already implemented in the Republic of Cyprus, but on the basis of an administrative procedure followed by the Department Population and Immigration File, from 2019.
At the beginning of the debate, the Member of Parliament of AKEL, Aristos Damianou, registered his party's disagreement with the presence of a representative of the Church in the debate, saying that they respect the role of the Church of Cyprus, but for issues that concern purely rights issues and above all legal and social issues there must be a separate role. “It is not her role to intervene in primarily legal issues that concern the State,” he said.
The Member of Parliament of DIKO, Panikos Leonidou, expressed the opinion that it is the Commission's obligation to listen to the Church as, as he said, its role is not only theological but also exercises a wider social role.
Mr. Tornaritis expressed his position that any citizen or institution of the Republic, who feels the need to say or testify something to the Committee, is free to attend and express their views and it is in this context that the Church was invited. “It doesn't mean we embrace all the positions they put forward,” he added.
The representative of the Church of Cyprus, Archimandrite Georgios Christodoulou, noted that AKEL's position has “become a refrain in every presence of the Church” in sessions, adding that it does not bother them, but also that he disagrees with the opinion that they have no reason and role, because the Church is “the greatest institution in this place”, and more ancient than all the institutions of the place.
Summarizing the views of the Holy Synod, Mr. Christodoulou said that they consider gender to be a gift given by God which serves the mystery of life and is not an element of choice for self-determination or change at will.
The bill in question, he said, “essentially recognizes the right of man to fight against his own nature,” while torpedoing the sacred institution of the family. He also said that they believe that in extremely rare cases where there is a gender disorder, and after the necessary medical opinions and procedures, a legal arrangement could be made to register a change to a previously registered sex.
He also noted that “it reverses the morals of our people”, while something that can go unnoticed by other peoples, cannot have the same fate in an Orthodox people with a long Christian tradition, and appealed to the Parliamentarians, “not to destroy what remained healthy in this place, as the psychosomatic degeneration of society, is not the best thing for a people fighting for its national survival”.
The Adviser to the President of the Republic for the Promotion of Multiculturalism, Kostas Gavrielidis, expressed his satisfaction that the bill has been completed after six years, noting that the understanding is that it may not be “the best bill for the time being”, but a beginning is made.
He cited examples from other countries, EU member states and raised the issue of the age limit noting that it is clear as time passes with new laws in other countries that there is an understanding that the child must be heard. He expressed concern about the bill, saying the 16 age limit “is something that will have to be discussed,” as he said when a 16-year-old is asked to go through a court, through a special committee, and get the consent of both parents , he will have to wait until he turns 18 before he can do the procedure. Mr. Gavrielidis noted that this is simply a change of information on the papers and not a requirement for any medical intervention.
The issue of the age limit was also raised by the president of Accept – LGBT Cyprus, Nikolas Tryfon, but also fact that someone has to get divorced to change their identity, also noting that transgender kids face a lot of problems in schools, and it's important that they are protected, just like all kids.
The tabling of the bill was also welcomed by a transgender person, Alexandros, who said that it is “a great moment for transgender people and for Cyprus” as it is not only a matter of protecting transgender children. It is “incredibly important” that a person's details are amended if they are to contribute and participate in what she said is the highly gendered working environment in the country.
From the Ministry of Health, Nikos Panagidis, referring to examples of other countries, where mistakes were made, as he said, clarified that it is necessary to ensure medical care for all trans people, and with the certificate of legal gender recognition that no problem is created that diverts from preventive checks, for women, or men. He said that in other countries where a similar law was implemented and no such provision was in place, it resulted in mistakes being made, such as people not taking a prostate test when they should.
During the debate, Mr. Damianou noted that he sees an expediency in terms of the time that the Government tabled this particular bill, saying that he knows that it will not be able to be voted on before the end of the Parliament for the Christmas holidays.
Mr. Tornaritis said that the Government tabled the bill two months ago, but other issues were pending before the Committee, and he asked that this issue not become partisan.
Mr. Leonidou said that, listening to the opinions of the participants, feels that there was not enough consultation and that the bill should have been tabled much sooner.
ELAM Member of Parliament, Sotiris Ioannou, questioned why the word gender is not defined in the legislation and whether everyone will be able to “declare whatever they want”, asking where this stops.
He also asked if there are any clarifications in the bill. , whether a 17-year-old who will change gender will be required to be drafted, but also whether he will be able to enter the women's locker room, or in case of conviction whether he will be sent to women's prisons. He also asked if the opinion of the child psychiatric society of Cyprus was also sought, saying that in Greece the corresponding society disagrees with similar provisions regarding children.
Closing, Mr. Tornaritis, said that “with wisdom we will negotiate and this legislation that we have in front of us and I am sure that, with wisdom, we will deliver to Cypriot society a legislation that will liberate people, who many times, we may not understand, but are on the sidelines due to our own actions and omissions, that when we do them we don't realize it”.
