Changing legal gender assignment in Brazil
Encyclopedia
Changing legal gender assignment in Brazil is legal according to the Superior Court of Justice of Brazil
, as stated in a decision rendered on October 17, 2009.
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 transsexual who has undergone gender 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, Sistema Único de Saúde
, and not allow them to change their name and gender in the civil registry
.
The ministers followed the vote of the rapporteur
, Nancy Andrighi. "If Brazil
consents to the possibility of surgery
, it should also provide the means for the individual to have a decent life in society
," she said. In the opinion of the rapporteur, preventing the record change for a transsexual who has gone through a sex change
could constitute a new form of social prejudice, and cause more psychological instability.
"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," she said.
According to Minister João Otávio Noronha of the Superior Court of Justice, the transsexual, in respect to their dignity
, autonomy
, intimacy and privacy
, should have their social integration ensured according to their individual identity
, which must therefore incorporate their civil registry.
In 2008, Brazil's public health system started providing free
sex change operations in compliance with a court order. Federal prosecutors had argued that sexual reassignment surgery was covered under a constitutional
clause guaranteeing medical care as a basic right
.
The Regional Federal Court agreed, saying in its ruling that "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 21 years old and diagnosed as transsexuals with no other personality disorder
s, and must undergo psychological evaluation
with a multidiciplinary team for at least two years.
Superior Court of Justice (Brazil)
The Superior Court of Justice is the highest appellate court in Brazil for non-constitutional questions of federal law. The STJ also has original jurisdiction over some cases...
, as stated in a decision rendered on October 17, 2009.
Unanimously, the 3rd Class of the Superior Court of Justice approved allowing the option of name and gender change on the birth certificate
Birth certificate
A birth certificate is a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth...
of a transsexual who has undergone gender 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, Sistema Único de Saúde
Sistema Único de Saúde
The Sistema Único de Saúde is Brazil's publicly-funded health care system. SUS was created after the Brazilian Constitution of 1988, which assured that health care is a "right of all and an obligation of the State" . Prior to that, only people who contributed with the social security were able to...
, and not allow them to change their name and gender in the civil registry
Civil registry
Civil registration is the system by which a government records the vital events of its citizens and residents. The resulting repository or database is called civil register or registry, or population registry. The primary purpose of civil registration is to create legal documents that are used to...
.
The ministers followed the vote of the rapporteur
Rapporteur
Rapporteur is used in international and European legal and political contexts to refer to a person appointed by a deliberative body to investigate an issue or a situation....
, Nancy Andrighi. "If Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
consents to the possibility of surgery
Surgery
Surgery is an ancient medical specialty that uses operative manual and instrumental techniques on a patient to investigate and/or treat a pathological condition such as disease or injury, or to help improve bodily function or appearance.An act of performing surgery may be called a surgical...
, it should also provide the means for the individual to have a decent life in society
Society
A society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...
," she said. In the opinion of the rapporteur, preventing the record change for a transsexual who has gone through a sex change
Sex change
Sex change is a term often used for gender reassignment therapy, that is, all medical procedures transgendered people can have, or specifically to sexual reassignment surgery, which usually refers to genitalia surgery only...
could constitute a new form of social prejudice, and cause more psychological instability.
"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," she said.
According to Minister João Otávio Noronha of the Superior Court of Justice, the transsexual, in respect to their dignity
Dignity
Dignity is a term used in moral, ethical, and political discussions to signify that a being has an innate right to respect and ethical treatment. It is an extension of the Enlightenment-era concepts of inherent, inalienable rights...
, autonomy
Autonomy
Autonomy is a concept found in moral, political and bioethical philosophy. Within these contexts, it is the capacity of a rational individual to make an informed, un-coerced decision...
, intimacy and privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
, should have their social integration ensured according to their individual identity
Identity (social science)
Identity is a term used to describe a person's conception and expression of their individuality or group affiliations . The term is used more specifically in psychology and sociology, and is given a great deal of attention in social psychology...
, which must therefore incorporate their civil registry.
In 2008, Brazil's public health system started providing free
Gratis
Gratis is the process of providing goods or services without compensation. It is often referred to in English as "free of charge" or "complimentary"...
sex change operations in compliance with a court order. Federal prosecutors had argued that sexual reassignment surgery was covered under a constitutional
Constitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...
clause guaranteeing medical care as a basic right
Fundamental rights
Fundamental rights are a generally-regarded set of entitlements in the context of a legal system, wherein such system is itself said to be based upon this same set of basic, fundamental, or inalienable entitlements or "rights." Such rights thus belong without presumption or cost of privilege to all...
.
The Regional Federal Court agreed, saying in its ruling that "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 21 years old and diagnosed as transsexuals with no other personality disorder
Personality disorder
Personality disorders, formerly referred to as character disorders, are a class of personality types and behaviors. Personality disorders are noted on Axis II of the Diagnostic and Statistical Manual of Mental Disorders or DSM-IV-TR of the American Psychiatric Association.Personality disorders are...
s, and must undergo psychological evaluation
Psychological evaluation
A psychological evaluation or mental examination is an examination into a person's mental health by a mental health professional such as a psychologist. A psychological evaluation may result in a diagnosis of a mental illness...
with a multidiciplinary team for at least two years.
See also
- LGBT rights in the AmericasLGBT rights in the AmericasLesbian, gay, bisexual, and transgender rights are complex in the Americas. The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe...
- LGBT rights in Brazil
- Legal aspects of transsexualismLegal aspects of transsexualismTranssexual people are those who establish a permanent identity with the gender opposite to the gender identified at birth. As most legal jurisdictions have at least some recognition of the two traditional genders at the exclusion of other categories, this raises many legal issues and aspects of...
- Name changeName changeName change generally refers to a legal act allowing a person to adopt a name different than their name at birth, marriage, or adoption. The procedures and ease of a name change depend on the jurisdiction. In general, common law jurisdictions have loose limitations on name changes while civil law...
- List of transgender-related topics
- Changing legal gender assignment in CanadaChanging legal gender assignment in CanadaProcedures for changing legal gender assignment in Canada vary between provinces and territories.Except for Quebec, the information below concerns altering the sex recorded on one's birth certificate, and therefore must be done with regard to the province or territory where one was born.-Alberta:To...
- Changing legal gender assignment in the United States