LGBTI Equal Rights Association for Western Balkans and Turkey

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TRANS RIGHTS FAR FOR PROTECTED IN WESTERN BALKANS AND TURKEY

13 May

Transgender Europe, the umbrella organization of trans rights organizations from the continent has just published its 2016 Trans Rights Europe Map and Index.
The map – see picture above – reflects the requirements for sterilisation in laws and administrative practices in gender recognition legislation in Europe. Countries marked in red, such as Bosnia and Herzegovina, Serbia, Montenegro and Turkey require sterilisation for any individual who wishes to undergo gender re-assignment surgery or change their legal name and documentation. Countries in brown such as Albania, Macedonia and Kosovo have no procedures in place. Countries in blue – none of which is in the Balkan region – have established procedures and do not require sterility.
All of these issues are more adequately assessed in the index which assesses progress made in the fields of legal gender recognition, protection from discrimination, hate speech and hate crimes, family rights and asylum.
With regards to legal gender recognition, Bosnia and Herzegovina, Montenegro, Serbia and Turkey have procedures in place and provide for change of name on official documents to match gender identity. They do however have several restrictions and conditions such as a diagnosis from certified psychologist, compulsory medical intervention, compulsory surgical intervention, compulsory sterilisation, require divorce and are not available for people under 18 years old.  
Macedonia provides only for the right to change legal name, however it has no other procedures in place. Albania and Kosovo have no provisions and no legal gender recognition at all.
With regards to non-discrimination, the laws of Albania, Bosnia & Herzegovina, Kosovo, Montenegro and Serbia offer protection on the grounds of gender identity in the areas of employment, goods and services and other fields of life. All five have equality bodies – Ombudsman or Commissions – with a mandate to safe-guard those rights. Only three, Bosnia and Herzegovina, Montenegro and Kosovo are currently implementing equality action plans. Turkey and Macedonia do not provide explicit protection from discrimination based on gender identity in their legislation.
With regards to hate crimes only Albania, Serbia and Montenegro have amended their criminal codes to include gender identity. Minus Serbia, both other countries have included gender identity in their hate speech legislation. No other country in the ERA region has clear legislation on this topic with regards to gender identity.  
With regards to family rights, of the 7 countries, only Serbia, Turkey and Montenegro allow trans people to marry a person of the other gender.
No country of the ERA region recognizes the right to seek asylum on grounds of gender identity.
In her statement on the situation of Trans people across 2016 Europe, Julia Ehrt, Transgender Europe’s Executive Director said that “discrimination at the job market is a major factor keeping trans people from thriving. However public authorities have to do better. Concrete positive measures targeted at the job market plus improved gender recognition procedures are paramount to improve trans people’s position considerably”.  
Sources:

http://tgeu.org/trans-rights_europe_map_2016/
http://tgeu.org/wp-content/uploads/2016/05/Trans-Rights-Europe-Index-2016-WEB.pdf
http://tgeu.org/trans-people-remain-vulnerable-albeit-trend-towards-right-to-self-determination/

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