Transgender rights in Brazil

Last updated

Transgender rights in Brazil include the right to change one's legal name and sex without the need of surgery or professional evaluation, and the right to sex reassignment surgery provided by Brazil's public health service, the Sistema Único de Saúde .

Contents

Gender recognition

History

Before 2009

In 1993, the first Brazilian national meeting was held among transgender individuals. [1] This meeting was known as the National Meeting of Transvestites and Liberated People. [1] By 1995, gay and lesbian national meetings were being attended by transgender activist groups. [1] Then, in 1996, the National Meeting of Transvestites and Liberated People Fighting Against AIDS was held. [1]

Brazil participated in the drafting of the Statement on Human Rights, Sexual Orientation and Gender Identity. This document was presented in December 2008. [2] Brazil helped organize the launch of the Yogyakarta Principles in 2007. [2]

Since 2009

Changing legal gender assignment in Brazil is legal according to the Superior Court of Justice of Brazil, as stated in a decision rendered on 17 October 2009. [3]

Unanimously, the 3rd Class of the Superior Court of Justice approved allowing the option of name and gender change on the birth certificate of a transgender person who has undergone sex reassignment surgery.

The understanding of the ministers was that it made no sense to allow people to have such surgery performed in the free federal health system and not allow them to change their name and gender in the civil registry. [4]

The ministers followed the vote of the rapporteur, Nancy Andrighi, who argued that "if Brazil consents to the possibility of surgery, it should also provide the means for the individual to have a decent life in society". In the opinion of the rapporteur, preventing the record change for a transgender person who has gone through sex reassignment surgery could constitute a new form of social prejudice, and cause more psychological instability. [5] She explained:

"The issue is delicate. At the beginning of compulsory civil registry, distinction between the two sexes was determined according to the genitalia. Today there are other influential factors, and that identification can no longer be limited to the apparent sex. There is a set of social, psychological problems that must be considered. Vetoing this exchange would be putting the person in an untenable position, subject to anxieties, uncertainty, and more conflict." [6]

According to Minister João Otávio de Noronha  [ pt ] of the Superior Court of Justice, transgender people should have their social integration ensured with respect to their dignity, autonomy, intimacy and privacy, which must therefore incorporate their civil registry. [7]

Laws concerning gender identity-expression by country or territory .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Legal identity change, surgery not required Legal identity change, surgery required No legal identity change Unknown/Ambiguous Laws concerning gender identity-expression by country or territory.svg
Laws concerning gender identity-expression by country or territory
  Legal identity change, surgery not required
  Legal identity change, surgery required
  No legal identity change
  Unknown/Ambiguous

Since 2018

The Supreme Federal Court ruled on 1 March 2018, that a transgender person has the right to change their official name and sex without the need of surgery or professional evaluation, just by self-declaration of their psychosocial identity. On 29 June, the Corregedoria Nacional de Justiça, a body of the National Justice Council published the rules to be followed by registry offices concerning the subject. [8]

In 2020, a study was conducted to understand the quality of life of Brazilian transgender children. [9] 32 participants were involved in the study, and they were either interviewed or placed into focus groups to gather their perspective. [9]

Gender reassignment surgery

The first male-to-female gender-affirming surgery in Brazil was Performed by Dr. Roberto Farina in the 1970s. He was prosecuted for his actions but was eventually acquitted of all charges in 1979. [10]

In 2008, Brazil's public health system started providing free sex reassignment surgery in compliance with a court order. Federal prosecutors had argued that gender reassignment surgery was covered under a constitutional clause guaranteeing medical care as a basic right. [11]

The Regional Federal Court agreed, saying in its ruling:

"from the biomedical perspective, transsexuality can be described as a sexual identity disturbance where individuals need to change their sexual designation or face serious consequences in their lives, including intense suffering, mutilation and suicide."

Patients must be at least 18 years old and diagnosed as transgender with no personality disorders, and must undergo psychological evaluation with a multidisciplinary team for at least two years, begins with 16 years old. The national average is of 100 surgeries per year, according to the Ministry of Health of Brazil. [12]

Transgender Discrimination

There were about 200 homicides of transgender individuals in Brazil in 2017, according to the Brazilian National Transgender Association. [13] Additionally, Brazil made up 40% of all murders of transgender individuals since 2008, according to Transgender Europe. [13] More recently, the number of transgender women murdered in Brazil went up 45% in 2020. [14]

Sao Paulo city council member Erika Hilton, the first transgender woman to be elected to the city council, received death threats and, as a result, had to change her habits for safety reasons. [14]

See also

Related Research Articles

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.

Gender-affirming surgery is a surgical procedure, or series of procedures, that alters a person's physical appearance and sexual characteristics to resemble those associated with their identified gender. The phrase is most often associated with transgender health care and intersex medical interventions, although many such treatments are also pursued by cisgender and non-intersex individuals. It is also known as sex reassignment surgery, gender confirmation surgery, and several other names.

The following outline is provided as an overview of and topical guide to transgender topics.

The history and subculture surrounding transgender people in Singapore is substantial. As with LGBT rights in the country in general, transgender rights in Singapore have also evolved significantly over time, including various laws and public attitudes in regards to identity documents, as well as anti-discrimination measures used by or pertaining to transgender people, in the areas of employment, education, housing and social services, amongst others.

Corbett v Corbett (otherwise Ashley) is a 1970 family law divorce case heard between November and December 1969 by the High Court of England and Wales in which Arthur Corbett sought annulment of his marriage to April Ashley. Corbett (the husband) had known at the time of the wedding that Ashley (the wife) had been registered male at birth and had undertaken sex-reassignment surgery. However, after the relationship had broken down, Corbett sought to end the marriage, his legal ground for doing so being that the marriage had been invalid, as Ashley was of the male sex.

<span class="mw-page-title-main">Transgender rights in Iran</span>

Transgender rights in Iran are limited, with a narrow degree of official recognition of transgender identities by the government, but with trans individuals facing very high levels of discrimination, from the law, the state, and from the wider society.

<span class="mw-page-title-main">LGBT rights in Brazil</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Brazil rank among the highest in the world. Same-sex couples in Brazil have enjoyed the same rights guaranteed to heterosexual ones since 16 May 2013, including marriage and adoption. On June 13, 2019, the Brazilian Supreme Court ruled that discrimination on the basis of sexual orientation and gender identity is a crime akin to racism.

Mak Nyah, alternatively spelled maknyah, is a Malay vernacular term for trans women in Malaysia. It arose in the late 1980s in order to distinguish trans women from other minorities.

<span class="mw-page-title-main">Transgender</span> Gender identity other than sex assigned at birth

A transgender person is someone whose gender identity differs from that typically associated with the sex they were assigned at birth. Some transgender people who desire medical assistance to transition from one sex to another identify as transsexual. Transgender is also an umbrella term; in addition to including people whose gender identity is the opposite of their assigned sex, it may also include people who are non-binary or genderqueer. Other definitions of transgender also include people who belong to a third gender, or else conceptualize transgender people as a third gender. The term may also include cross-dressers or drag kings and drag queens in some contexts. The term transgender does not have a universally accepted definition, including among researchers.

<span class="mw-page-title-main">LGBT people in prison</span> Lesbian, gay, bisexual, transgender and queer people in prison

Lesbian, gay, bisexual, transgender and queer (LGBTQ) people face difficulties in prison such as increased vulnerability to sexual assault, other kinds of violence, and trouble accessing necessary medical care. While much of the available data on LGBTQ inmates comes from the United States, Amnesty International maintains records of known incidents internationally in which LGBTQ prisoners and those perceived to be lesbian, gay, bisexual or transgender have suffered torture, ill-treatment and violence at the hands of fellow inmates as well as prison officials.

<span class="mw-page-title-main">Transsexual</span> People experiencing a gender identity inconsistent with their assigned sex

Transsexual people experience a gender identity that is inconsistent with their assigned sex, and desire to permanently transition to the sex or gender with which they identify, usually seeking medical assistance to help them align their body with their identified sex or gender.

Transgender disenfranchisement is the prevention by bureaucratic, institutional and social barriers, of transgender individuals from voting or participating in other aspects of civic life. Transgender people may be disenfranchised if the sex indicated on their identification documents does not match their gender presentation, and they may be unable to update necessary identity documents because some governments require individuals to undergo sex reassignment surgery first, which many cannot afford, are not medical candidates for, or do not want.

<span class="mw-page-title-main">LGBT rights in Bahia</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights are liberal in Bahia. Homosexuality and same-sex marriage are legal in the state.

<i>W v Registrar of Marriages</i>

W v Registrar of Marriages [2013] HKCFA 39; FACV 4/2012 is a landmark court case for LGBT rights in Hong Kong. In a 4:1 decision, the Court of Final Appeal gave transgender people the right to marry as their affirmed gender rather than their assigned gender at birth.

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.

<span class="mw-page-title-main">Legal recognition of non-binary gender</span>

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."

<span class="mw-page-title-main">Transgender rights in Germany</span>

Transgender rights in the Federal Republic of Germany are regulated by the Transsexuellengesetz since 1980, and indirectly affected by other laws like the Abstammungsrecht. The law initially required transgender people to undergo sex-reassignment surgery in order to have key identity documents changed. This has since been declared unconstitutional. The German government has pledged to replace the Transsexuellengesetz with the Selbstbestimmungsgesetz, which would remove the financial and bureaucratic hurdles necessary for legal gender and name changes. Discrimination protections on the basis of gender identity and sexual orientation vary across Germany, but discrimination in employment and the provision of goods and services is in principle banned countrywide.

This article addresses the legal and regulatory history of transgender and transsexual people in the United States including case law and governmental regulatory action affecting their legal status and privileges, at the federal, state, municipal, and local level, and including military justice as well.

The issue of transgender people and military service in South Korea is a complex topic, regarding gender identity and bodily autonomy. Currently, transgender women are excluded from the military of South Korea.

The legal status of gender-affirming surgery and gender-affirming hormone therapy varies by jurisdiction, often interacting with other facets of the legal status of transgender people. Key considerations include whether people are allowed to get such surgeries, at what ages they are allowed to if so, and whether surgeries are required in order for a gender transition to be legally recognized. As of 2007, the countries that perform the greatest number of gender-affirming surgeries are Thailand and Iran.

References

  1. 1 2 3 4 Corrales, Javier; Pecheny, Mario (2010). The Politics of Sexuality in Latin America. University of Pittsburgh Pre. ISBN   978-0-8229-7371-3.
  2. 1 2 Nogueira, Maria Beatriz Bonna (2017). "The Promotion of LGBT Rights as International Human Rights Norms: Explaining Brazil's Diplomatic Leadership". Global Governance. 23 (4): 545–563. doi:10.1163/19426720-02304003. ISSN   1075-2846. JSTOR   44861146.
  3. ↑ Transgenders can change their name, as decided by the Supreme Court of Justice (in Portuguese)
  4. ↑ Gender reassignment surgery is free in Brazil (in Portuguese)
  5. ↑ Jurisprudence of the Changing legal gender assignment in Brazil by Superior Court (in Portuguese)
  6. ↑ The Superior Court of Justice allows transsexuals to change name and sex on birth certificate (in Portuguese)
  7. ↑ Legal change of name in Brazil (in Portuguese) Archived 23 December 2009 at the Wayback Machine
  8. ↑ Transexuals can now change their names in documents at registry offices throughout the country (in Portuguese)
  9. 1 2 Nascimento, Fernanda Karla; Reis, Roberta Alvarenga; Saadeh, Alexandre; Demétrio, Fran; Rodrigues, Ivaneide Leal Ataide; Galera, Sueli Aparecida Frari; Santos, Claudia Benedita dos (6 November 2020). "Brazilian transgender children and adolescents: Attributes associated with quality of life". Revista Latino-Americana de Enfermagem. 28: e3351. doi:10.1590/1518-8345.3504.3351. ISSN   1518-8345. PMC   7647416 . PMID   33174991.
  10. ↑ Rodrigues Vieira, Tereza (1998). "Mudança de Sexo: Aspectos Médicos, Psicológicos e Jurídicos". Akrópolis - Revista de Ciências Humanas da UNIPAR. 6 (21): 3–8 – via Open Journal Systems.
  11. ↑ Sex-change in Brazil (in Portuguese)
  12. ↑ "Brazil to provide free sex-change operations (in English)". Archived from the original on 24 April 2013. Retrieved 23 April 2013. Brazil to provide free sex-change operations (in English)
  13. 1 2 Malta, Monica (2 November 2018). "Human rights and political crisis in Brazil: Public health impacts and challenges". Global Public Health. 13 (11): 1577–1584. doi:10.1080/17441692.2018.1429006. ISSN   1744-1692. PMID   29368578. S2CID   40520214.
  14. 1 2 Nugent, C. (2021). Erika Hilton. Time International (Atlantic Edition), 198(15/16), 91. https://ezproxy.gl.iit.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=159398591&site=ehost-live
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.