Alteration of Sex Description and Sex Status Act, 2003 | |
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Parliament of South Africa | |
Citation | Act No. 49 of 2003 |
Enacted by | Parliament of South Africa |
Assented to | 9 March 2004 |
Commenced | 15 March 2004 |
Introduced by | Mangosuthu Buthelezi, Minister of Home Affairs |
Keywords | |
gender identity, transsexualism, intersex | |
Status: In force |
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The Alteration of Sex Description and Sex Status Act, 2003 (Act No. 49 of 2003) is a South African Act of Parliament which allows a person to change, under certain conditions, their sex recorded in the population registry.
Under the act, three types of people may apply to the Department of Home Affairs for a change of the sex description in their birth record: people who have undergone surgical or medical sex reassignment, people whose sexual characteristics have evolved naturally, and intersex people. The applicant must submit medical reports describing their situation; in the case of intersex people they must also submit a psychological report stating that they have lived for two years with their chosen gender identity.
If the application is refused, it may be appealed to the Minister of Home Affairs, and if the appeal is refused the decision may be challenged in the Magistrate's Court. Once an application is approved the Department will issue a new birth certificate and identity document. The change in sex is valid for all purposes, but does not affect any rights or obligations the person had before it occurred.
The law was criticised by the Cape Town Transsexual/Transgender Support Group because it requires medical or surgical treatment before a change can be registered. [1] Conversely, the African Christian Democratic Party (ACDP) objected to the act based on the belief that sex is biologically determined at birth. The ACDP and National Action were the only parties to vote against the bill in the National Assembly. [2]
In 2013 it was reported, in response to a question in Parliament, that 95 people had legally changed their gender under the law. It was also reported that problems have been encountered by applicants because officials are not consistent in their interpretation of the medical requirements. [3]
The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transgender individuals face discrimination in employment, housing, healthcare, and other areas of life.
The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows adults in the United Kingdom who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005.
Transgender rights in Canada, including procedures for changing legal gender and protections from discrimination, vary among provinces and territories, due to Canada's nature as a federal state. According to the 2021 Canadian census, 59,460 Canadians identify as transgender. Canada was ranked third in Asher & Lyric's Global Trans Rights Index in 2023.
New Zealand lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. The protection of LGBT rights is advanced, relative to other countries in Oceania, and among the most liberal in the world, with the country being the first in the region to legalise same-sex marriage.
Discrimination against non-binary people, people who do not identify exclusively as male or female, may occur in social, legal, or medical contexts.
Intersex Human Rights Australia (IHRA) is a voluntary organisation for intersex people that promotes the human rights and bodily autonomy of intersex people in Australia, and provides education and information services. Established in 2009 and incorporated as a charitable company in 2010, it was formerly known as Organisation Intersex International Australia, or OII Australia. It is recognised as a Public Benevolent Institution.
Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals, that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies."
Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the United Nations Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies".
Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies". "Because their bodies are seen as different, intersex children and adults are often stigmatized and subjected to multiple human rights violations".
Transgender rights in Australia have legal protection under federal and state/territory laws, but the requirements for gender recognition vary depending on the jurisdiction. For example, birth certificates, recognised details certificates, and driver licences are regulated by the states and territories, while Medicare and passports are matters for the Commonwealth.
Transgender and non-binary people in New Zealand face discrimination in several aspects of their lives. The law is unclear on the legal status of discrimination based on gender identity, and also for intersex people.
Multiple countries legally recognize non-binary or third gender classifications. These classifications are typically based on a person's gender identity. In some countries, such classifications may only be available to intersex people, born with sex characteristics that "do not fit the typical definitions for male or female bodies."
Intersex people are born with sex characteristics that "do not fit the typical definitions for male or female bodies". They are substantially more likely to identify as lesbian, gay, bisexual, or transgender (LGBT) than endosex people. According to a study done in Australia of Australian citizens with intersex conditions, participants labeled 'heterosexual' as the most popular single label with the rest being scattered among various other labels. According to another study, an estimated 8.5% to 20% experiencing gender dysphoria. Although many intersex people are heterosexual and cisgender, this overlap and "shared experiences of harm arising from dominant societal sex and gender norms" has led to intersex people often being included under the LGBT umbrella, with the acronym sometimes expanded to LGBTI. Some intersex activists and organisations have criticised this inclusion as distracting from intersex-specific issues such as involuntary medical interventions.
Intersex rights in New Zealand are protections and rights afforded to intersex people. Protection from discrimination is implied by the Human Rights Act and the Bill of Rights Act, but remains untested. The New Zealand Human Rights Commission states that there has seemingly been a "lack of political will to address issues involved in current practices of genital normalisation on intersex children".
Intersex people in the United States have some of the same rights as other people, but with significant gaps, particularly in protection from non-consensual cosmetic medical interventions and violence, and protection from discrimination. Actions by intersex civil society organizations aim to eliminate harmful practices, promote social acceptance, and equality. In recent years, intersex activists have also secured some forms of legal recognition. Since April 11, 2022 US Passports give the sex/gender options of male, female and X by self determination.
Intersex people in South Africa have some of the same rights as other people, but with significant gaps in protection from non-consensual cosmetic medical interventions and protection from discrimination. The country was the first to explicitly include intersex people in anti-discrimination law.
Intersex people in Germany have legal recognition of their rights to physical integrity and bodily autonomy, with exceptions, but no specific protections from discrimination on the basis of sex characteristics. In response to an inquiry by the German Ethics Council in 2012, the government passed legislation in 2013 designed to classify some intersex infants as a de facto third category. The legislation has been criticized by civil society and human rights organizations as misguided.
A citizen of Ireland is legally permitted to change the designation of their gender on government documents through self-determination. In 2015, Ireland was the fourth state in the world to permit such alterations to government documents. By May 2017, 230 people had been granted gender recognition certificates under the law. Section 16 of the Act entitles the holder of a gender recognition certificate to apply to have the certificate amended if there is a clerical error or an error of fact in the content of the certificate. Two such corrections have been made since commencement of the Act.
Intersex people in Argentina have no recognition of their rights to physical integrity and bodily autonomy, and no specific protections from discrimination on the basis of sex characteristics. Cases also exist of children being denied access to birth certificates without their parents consenting to medical interventions. The National Institute Against Discrimination, Xenophobia and Racism and civil society organizations such as Justicia Intersex have called for the prohibition of unnecessary medical interventions and access to redress.
Intersex people in Taiwan currently face some gaps in legal protection of their rights to physical integrity and bodily autonomy, and in protection from discrimination on the basis of sex characteristics, with significant improvements in recent years.