Germany - Elaborated Version
- General Country Information
- Recent Developments
- Legal Situation
- Social Situation
- Trans Murder Monitoring results
- Movement, Activism and Subculture
- Official statements
- Recommendations
- Sources
- Acknowledgements
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General Country Information

Name of State: Federal Republic of Germany
Area: 357,021 km2
Population: 82,652,000
Government: Federal Parliamentary Republic
Capital: Berlin
Official Language: German
Memberships: Germany is a member state of the European Union (EU), The Council of Europe (CoE), The Organization for Security and Cooperation in Europe (OSCE), and The United Nations (UN).
Remarks: After the end of the Nazi dictatorship (1933-1945), two German states were founded: the German Democratic Republic (GDR), also known as East Germany, and the Federal Republic of Germany (FRG), also known as West Germany. West Berlin belonged to the FRG, but as it was located inside the GDR, it had a special status. On October 3, 1990, the two formerly separate German states were reunified.
Source: Geographica: 2008: 238
Recent Developments
In 2009, several initiatives have proposed the inclusion of “Sexual Identity” - defined as including gays, lesbians, bisexuals, transgendered people, transsexuals and intersexuals – into the German Constitution (Grundgesetz der Bundesrepublik Deutschland).
For more information, see section Legal Situation
In December 2008, together with 65 other UN member states, Germany supported a statement at the UN General Assembly confirming that international human rights protections include sexual orientation and gender identity.
For more information, see section Official Statements.
In May 2008, the Second European Transgender Council took place in Berlin and attracted more than 200 trans activists from 38 countries.
For more information, see section Movement and Activism.
More information will be provided after the conclusion of the analysis of the TvT questionnaire results and other research data.
Legal Situation
General information
Constitution
Gender Recognition Legislation
Hate Crime Legislation
Anti-Discrimination Legislation
General information
The two former German states -- the German Democratic Republic (East Germany) and the Federal Republic of Germany (West Germany) -- were among the first countries in Europe to introduce guidelines and legal measurements related to gender recognition. In both countries, the discussions started in the 1970s. In 1976, the former German Democratic Republic issued a “Decree concerning the sex change of transsexual persons” (Verfügung zur Geschlechtsumwandlung von Transsexualisten), which was not widely publicized (Sillge 1991: 68). In 1980, the Federal Republic of Germany issued a “Law concerning the change of given names and gender recognition in special cases” (Gesetz über die Änderung der Vornamen und die Feststellung der Geschlechtszugehörigkeit in besonderen Fällen), which came into force in 1981 and since then has been commonly referred to as the “Transsexual Law” (Transsexuellengesetz, TSG) (e.g. Hirschauer 1999: 298) (see section “Gender Recognition and Gender Identity Law” below).
After the reunification of the two Germanys in 1990, the TSG became valid for all Germans. Since the late 1990s, German trans organizations and activists have begun several initiatives aimed at revising the TSG. These organizations and activists have criticized, among other points, the requirement in the TSG of sterilisation for legal gender recognition, as well as the narrow perspective of the law, which focuses on transsexual people to the exclusion of all other trans people (see section “Movement & Activism” below). In the last decade, the TSG has been considered and debated several times in the German Federal Constitutional Court (Bundesverfassungsgericht).
In 2006, the “General Equal Treatment Law” (Allgemeines Gleichbehandlungsgesetz, AGG) was issued and came into force. This law makes no distinction between discrimination on the grounds of sexual orientation and discrimination on the grounds of gender identity. Instead, both characteristics are subsumed under “sexual identity” (Sexuelle Identität”) (see section “Anti-Discrimination Legislation” below).
In 2009, several initiatives have proposed the inclusion of “Sexual Identity” – defined in this context as including gays, lesbians, bisexuals, transgendered people, transsexuals and intersexuals – into the German Constitution (Grundgesetz der Bundesrepublik) (see section “Trans rights mentioned in the Constitution” below).
No law in Germany has yet considered hate crimes based on gender identity, gender expression, etc., as an aggravating circumstance in sentencing decisions (see section “Hate Crime Legislation” below).
Date of information: January 2010
Constitution: Initiatives regarding the recognition of trans rights in the National Constitution
In 2009, several initiatives have proposed the inclusion of “sexual identity” in Article 3 (“Equality before the Law”) of the German Constitution (Grundgesetz für die Bundesrepublik Deutschland).
The definition of “Sexual Identity” in this context includes gays, lesbians, bisexuals, transgendered people, transsexuals and intersexuals. The initiatives propose including “sexual identity” in Article 3, “Equality before the Law” (Gleichheit vor dem Gesetz), of the German Constitution (Grundgesetz für die Bundesrepublik Deutschland) as a new characteristic in addition to the ones currently mentioned, which include, among others, gender, “race,” language, religion, disability, etc.
LGBT organisations and activists have demanded the inclusion of “sexual identity” in the German Constitution for a number of years now.
In the summer of 2009, a campaign called “3+” reached a high point when LGBT pride parades in the cities of Augsburg, Berlin, Hamburg, Halle, Kiel, Lübeck, Saarbrücken, Schwerin and Würzburg used this demand for the inclusion of “sexual identity” in the Constitution as their mottoes (LSVD 2009). (LGBT pride parades are referred to as “Christopher Street Days” in Germany and can attract hundreds of thousands of people).
In September 2009, the State/City Governments of Berlin, Bremen and Hamburg started a joint “Bundesratinitiative” (Federal Council initiative) to make the aforementioned changes to Article 3 of the Constitution. This initiative failed in November 2009. (Netzeitung 2009, see also Berliner Senat 2009 and Justizbehörde Hamburg 2009)
In November 2009, the Green Party (Die Grünen) presented a draft of a bill (Gesetzentwurf) that would add “sexual identity” to the German Constitution as explained above (Deutscher Bundestag 2009b).
In December 2009, the Social Democrats (SPD) presented a draft of a bill (Gesetzentwurf) that would include “sexual identity” to the German Constitution as explained above (Deutscher Bundestag 2010).
Date of information: January 2010
More information will be provided after the analysis of the TvT questionnaire results and other research data has been concluded.
Gender Recognition Legislation
The two former German states -- the German Democratic Republic (East Germany) and the Federal Republic of Germany (West Germany) -- were among the first countries in Europe to introduce guidelines and legal measurements related to gender recognition. In both countries, the discussions began in the 1970s. In 1976, the former German Democratic Republic issued a “Decree concerning the sex change of transsexual persons” (Verfügung zur Geschlechtsumwandlung von Transsexualisten), which was not widely publicized (Sillge 1991: 68). In 1980, the Federal Republic of Germany issued a “Law concerning the change of given names and gender recognition in special cases” (Gesetz über die Änderung der Vornamen und die Feststellung der Geschlechtszugehörigkeit in besonderen Fällen), which came into force in 1981 and has since been commonly referred to as the “Transsexual Law” (Transsexuellengesetz, TSG) (e.g. Hirschauer 1999: 298) (see section “Gender Recognition and Gender Identity Law” below).
After the reunification of the two Germanys in 1990, the TSG became valid for all Germans. After a ruling by the German Federal Constitutional Court (“Bundesverfassungsgericht”) in June 2006 (Bundesverfassungsgericht 2006), the German “Transsexual Law” also applies to foreigners who are permanent residents of Germany.
Legal change of name
The application for a legal name change has to be done at court, and requires two independent evaluations by mental health practitioners appointed by the court. These reports must confirm a diagnosis of transsexuality and testify to the presence of a strong, probably irreversible desire to live as the opposite gender for at least the last three years. The procedure takes between six months and two years, depending chiefly on the amount of time the mental health evaluations take. The procedure costs between 500 and 2000 Euros (TGEU 2010).
Legal change of gender
The application for a legal change of gender has to be done at court, and requires two independent evaluations by mental health practitioners appointed by the court. These reports must confirm a diagnosis of transsexuality and testify to the presence of a strong, probably irreversible desire to live as the opposite gender for at least the last three years. Further requirements are the permanent infertility of the applicant, hormone treatment and gender reassignment surgery. The procedure takes up to two years, depending on whether the applicant has changed his/her/hir name before or not.
Privacy Protection
The “Offenbarungsverbot” (prohibition of disclosure) in the TSG provides privacy protection concerning the previous gender role.
Marriage
Since June 2008, due to a ruling of the German Federal Constitutional Court (Bundesverfassungsgericht 2008), a divorce is no longer compulsory for a legal gender change.
Criticism and reform initiatives
Trans activists, scientists (e.g. Hirschauer 1999, Balzer 2008, Whittle et al 2008) and even the German Federal Constitutional Court (Bundesverfassungsgericht) (e.g. Bundesverfassungsgericht 2006, 2008) have heavily criticized the TSG. The Transgender EuroStudy, which examined the legal and health care situation of trans people in the member states of the EU, condemned with harsh words the requirement of sterilisation for a legal change of gender: “The legal requirement of sterility is an abuse that must be denounced in the strongest terms. It is particularly disturbing as it echoes back to the eugenics theories and practices of the late 1930s to the 1970s worldwide, but most notably in Europe.” (Whittle et al. 2008: 26)
Since the late 1990s, German trans organizations and activists have made several attempts to revise the TSG, criticizing among other points the requirement of sterilisation for legal gender recognition and the narrow perspective of the law, which focuses on transsexual people to the exclusion of all other trans people.
In 1999, representatives of trans organisations from the cities of Berlin, Cologne, Hagen, Kiel, Munich and Nuremberg formed a group called “Project Group Gender and Law” (Projektgruppe Geschlecht und Gesetz, PGG). Supported by the German sexologist Friedmann Pfaefflin and several lawyers, the group presented a draft of a bill for a “Transgender Law” (Transgender-Gesetz, TrGG) in 2000 (PGG 2000). In response to this initiative, the German Federal Ministry of the Interior (Bundesministerium des Innern, BMI) conducted a survey regarding the revision of the TSG (DGTI 2001).
In 2006, an alliance of trans organisations from the cities of Berlin, Cologne, Hamburg, Karlsruhe, Mainz, Munich as well as the state of Nordrhein-Westfalen presented a central points paper (Eckpunktepapier) regarding the revision of the TSG, which was taken into account by the “Innenausschuss” of the German House of Representatives (Bundestag) (Deutscher Bundestag 2007). The attempt at reform, however, failed again. Only the ruling of the German Federal Constitutional Court (Bundesverfassungsgericht 2008) was implemented. The court ruling annulled the paragraph of the law that automatically revoked the name change of a trans person in case he, she or s_he married.
Following the ruling of the Federal Constitutional Court that declared the divorce requirement in the gender recognition process unconstitutional, another attempt at reform was made. Again a national alliance of trans organizations pressed for a general reform. The ministry of the interior drafted a law without consulting or including the German trans community in the process.
The draft, which still required permanent infertility and gender reasignment surgery for gender recognition, was highly criticized by the national alliance of trans organizations.. The draft was revoked before it could be considered in Parliament. Only the marriage section was changed, in one of the last sessions before the election of a new parliament in September 2009.
In October 2009, the new (conservative-liberal) Government agreed in the coalition treaty to reform the Transsexual Law within the legislative period (four years).
Date of information: January 2010
More information will be provided after the analysis of the TvT questionnaire results and other research data has been concluded.
Hate Crime Legislation
No law in Germany has yet considered hate crimes based on gender identity as an aggravating circumstance.
In May 2009, the German government (Bundesregierung) explained that, in Germany, hate crimes (Hasskriminalität) are subsumed under the term “politically motivated crimes.” Gender identity, transgender identity, and gender expression, etc., are not mentioned in the note in which “Hasskriminalität” is explained, whereas characteristics such as gender, sexual orientation, and “race” are explicitly mentioned (Deutscher Bundestag 2009a).
Date of information: January 2010
More information will be provided after the analysis of the TvT questionnaire results and other research data has been concluded.
Anti-Discrimination Legislation
Discussions about an anti-discrimination law protecting women began in Germany in the 1980s. Until 1998, there was no majority in the German House of Representatives (Bundestag) in favour of an Anti-Discrimination Law.
Four EU anti-discrimination guidelines were issued between 2000 and 2004, and efforts to introduce a German Anti-Discrimination-Law began in 2002. In 2004, the German government (Social Democrats/Greens) presented a draft (Gesetzentwurf) of an Anti-Discrimination Law (Antidiskriminierungsgesetz). This draft failed in 2005.
In 2006, the new government (Conservative Party/Social Democrats) issued and put into force the “General Equal Treatment Law” (Allgemeines Gleichbehandlungsgesetz, AGG).
This law makes no distinction between discrimination on the basis of sexual orientation and discrimination on the basis of gender identity. Instead, both characteristics are subsumed under the term “sexual identity” (Sexuelle Identität). The definition of “sexual identity” includes both sexual orientation and sexual self-definition, and relates to homosexual men and women, bisexuals, transsexuals and intersexuals (homosexuelle Männer und Frauen, bisexuelle, transsexuelle oder zwischengeschlechtliche Menschen) (Raasch 2007, Juraforum-Lexikon 2010).
Date of information: January 2010
More information will be provided after the analysis of the TvT questionnaire results and other research data has been concluded.
Social Situation
Health Care
Transphobic incidents and reaction
Transrespect and examples of good practices/best practices
Health Care
Available forms of gender reassignment treatments
Different types of therapy and gender reassignment surgery are available in Germany, including hair removal, hormone therapy, breast augmentation, mastectomy, hysterectomy, vaginoplasty, phalloplasty, metoidioplasty (Whittle et al 2008: 22-23) and face feminization surgery.
Funding for available forms of gender reassignment treatments
In Germany, national and private health insurances fund various types of therapy and gender reassignment surgery. This funding may cover costs for hair removal, hormone therapy, breast augmentation, mastectomy, hysterectomy, vaginoplasty, phalloplasty, and metoidioplasty (Whittle et al 2008: 22-23). National health insurances, however, often do not cover hair removal or breast augmentation.
Date of information: January 2010
More information will be provided after the analysis of the TvT questionnaire results and other research data has been concluded.
Transphobic incidents and reactions to these incidents
| Death threat against a trans person in Göttingen in 2009 |
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|---|---|---|
| Date: | October 2009 |
|
| Location: | Göttingen, Germany |
|
| Incidents: |
Death threat against a trans person on a university campus | |
| Remarks: |
In October 2009, a trans person received a death threat from a female student on the campus of the Georg-August-University in the German city of Göttingen. The perpetrator bumped intentionally into the trans person, insulted the victim and threatened the victim with death. |
|
| Reactions: |
One day later, up to 60 people participated in a spontaneous demonstration against transphobia on the university campus. Eventually, an “Alliance against Transphobia” was founded. As a reaction to a racist incident some weeks later on the same campus, this alliance was transformed into an “Alliance against Transphobia and Racism.” In January 2010, the alliance organized a “Demonstration against Transphobia and Racism” in Göttingen, in which up to 150 people participated. The alliance is planning further actions. |
|
| Source: |
Transrespect versus Transphobia Worldwide research project |
|
| Attacks against trans sex workers in Berlin in 2009 | ||
|---|---|---|
| Date: | August 2009 |
|
| Location: | Berlin, Germany |
|
| Incidents: |
Attacks against trans sex workers | |
| Remarks: |
In the beginning of August 2009, trans sex workers in a district of Berlin were threatened several times in a very transphobic way by a group of young men armed with iron clubs, baseball bats, and bottles. On August 5, 2009, a trans sex worker was attacked with a knife and severely injured. She was hospitalized. In the following weeks, more brutal attacks against trans sex workers took place and many were injured. Some were treated in hospitals. |
|
| Reactions: |
After these transphobic incidents, representatives from the police, the District management, and several NGOs, including trans organisations, formed a roundtable to address the situation. The group decided to produce an emergency flyer to support trans sex workers. In the following weeks, the Berlin police provided security for trans sex workers by confronting known troublemakers (“Gefährderansprachen”) and by demonstrating public presence at night, actions welcomed by the trans sex workers. Workers and the police cooperated to identify the suspects. An alliance that included two sex worker organizations, a support group for homeless people, a migrant organisation, and a trans organisation organized a demonstration on September 4, in which up to 200 people took part. |
|
| Source: |
Transrespect versus Transphobia Worldwide research project |
|
| Attack against QUEER AND trans PEOPLE in Berlin in 2008 | |
|---|---|
| Date: | June 2008 |
| Location: | Berlin, Germany |
| Incident: |
Attack against queer and trans people |
| Remarks: |
In June 2008, trans persons and homosexual women were brutally attacked in a transphobic and homophobic way as they left a drag festival in an “alternative” neighbourhood of Berlin. Some of the victims had to be hospitalized. |
| Reactions: |
Two days later, 3000 people demonstrated against these transphobic and homophobic attacks. This resulted in a wide media coverage. |
| Source: |
Transrespect versus Transphobia Worldwide research project |
Date of information: January 2010
More information will be provided after the analysis of the TvT questionnaire results and other research data has been concluded.
Transrespect and examples of good practices/best practices
Transrespect
No cultural tradition and no remains of a cultural tradition of Transrespect exists in Germany.
However, some trans people have found a niche in a type of performance art called “Drag” (Travestie), i.e., female impersonation (and to a lesser degree male impersonation), in the practice of which they have gained respect and acknowledgement as performers (Balzer 2008).
In recent decades, new subcultural travesty genres have developed: the “Trash Travesty” of the “Tunten” (politically active drag performers and female impersonators) in West-Berlin in the 1970s and 1980s (Balzer 2004, 2007), and the drag performances of Drag Queens and Drag Kings in the 1990s and 2000s (Balzer 2005, 2008).
Examples of good practices
In the summer of 2009, the reaction of the Berlin police, the creation of the roundtable, and the alliance of different NGOs to organize a demonstration after the transphobic attacks against trans sex workers -- all of which were actions aimed at providing protection for the workers -- have been considered as examples of good practice by the local trans organization involved.
Date of information: January 2010
More information will be provided after the analysis of the TvT questionnaire results and other research data has been concluded.
Trans Murder Monitoring results
The Trans Murder Monitoring project has found no reported homicides of trans persons in 2009.
| 1. N.N. | Essen | |
|---|---|---|
| |
||
| Name: | N.N. | |
| Age: | 30 | |
| Date of Death: | June 2nd 2008 | |
| Location of Death: | Essen (Germany), own apartment | |
| Cause of Death: | Stabbed to death | |
| Remarks: | Victim was described as a transvestite and was stabbed by a 16-year-old boy, who thought the victim was a woman. | |
| Source: |
Transrespect versus Transphobia Worldwide research project: Ruhrnachrichten, 02.06.2008 |
|
| 2. Silvana Berisha | Hamburg | |
|---|---|---|
| Name: | Silvana Berisha | |
| Age: | 31 | |
| Date of Death: | June 24th 2008 | |
| Location of Death: | Hamburg (Germany), own apartment | |
| Cause of Death: | Stabbed to death | |
| Remarks: |
Migrant, working in the sex industry |
|
| Follow-up: | In January 2009, the perpetrator -- a 19-year-old man -- was brought to court. The perpetrator stabbed his victim 39 times with a 30cm-long knife. When he saw that his victim was still moving, the perpetrator smashed the head of the victim with a video recorder. The judge at the Hamburg court referred to the perpetrator’s "absolute desire to exterminate" and described the murder as “extremely brutal,” but declared there was “no motive.” The perpetrator was sentenced to seven years for manslaughter. | |
| Source: |
Transrespect versus Transphobia Worldwide research project: Tagesspiegel 26.01.2009 |
|
For a general surview and more information see the section “”.
More information will be provided after the analysis of the TvT questionnaire results and other research data has been concluded.
Movement, Activism and Subculture
In 1897, the German gay sexologist Magnus Hirschfeld (1868-1935) founded the Scientific-Humanistic Committee (“Wissenschaftlich-Humanitäres Kommittee”) to fight for the decriminalization of homosexuality and forms of transgenderism (Balzer 2008: 90). Hirschfeld was one of the first and most progressive Western researchers of trans people. In his theories, Hirschfeld considered trans people to be examples of intermediary sexes instead of abnormalities or deviancies (e.g., Hirschfeld 2006). Hirschfeld also supported the emancipation of trans persons in practical ways. The famous sexologist Harry Benjamin, who visited Hirschfeld’s “Institute of Sexology” in Berlin in the 1920s, wrote later: “Among other patients, I also saw transvestites, who were there, rarely to be treated, but usually, with Hirschfeld’s help, to procure permission from the Berlin Police Department to dress in female attire and so appear in public” (Benjamin 1966: 25, for a detailed description of Hirschfeld’s practices see Herrn 2005: 79-93). In 1933, Hirschfeld’s famous Institute of Sexology was raided by NAZI SA troops and his works were burned (Balzer 2008: 91).
In East Germany, i.e., the German Democratic Republic (GDR), Charlotte von Mahlsdorf (1928-2002) was an important activist, who later became famous with her autobiography “I am my own wife” (Mahlsdorf 2004), as well as the movie and play based on her book. With the exception of von Mahlsdorf, trans people in the GDR did not organize openly.
In the 1970s and 1980s, trans persons were part of the radical gay movement in West Berlin (Balzer 2004, 2007).
In the 1980s, after the TSG was issued, several support groups for transsexual people were founded in West Germany, i.e. the Federal Republic of Germany (Regh 2002, Kamprad and Schiffels 1991).
In the 1990s, in reunited Germany, groups for cross dressers as well as mixed groups were founded in many German cities (cf. Bader et al.1995: 238-239). In the second half of the decade, a transgender movement was beginning to develop. The annual trans festival “Wigstöckel,” founded in 1996 in Berlin to bring together trans people of different identities, is one indication of this development. Another indication is the national trans conference “Trans*Tagung” in Berlin, which has been organised annually by trans people since the late 1990s (Balzer 2008). In Munich, an annual trans conference has also been initiated, taking place for the first time in 2008. Since the late 1990s, several community initiatives have attempted to reform the TSG and change it into a gender recognition act for all trans people (see section “Gender Recognition and Gender Identity Laws” above).
Since the middle of the first decade of the 21st century, the German trans movement has become more involved in the international trans movement. German trans organisations took part in First European Transgender Council in Vienna in 2005 and in the international campaign “Justice for Gisberta” in 2007. Several Berlin trans groups have been organizing Transgender Day of Remembrance events since 2007, as well as the Second European Transgender Council in 2008, which took place in Berlin. In 2009, German trans groups also participated in the international “Stop Trans Pathologization 2012” campaign.
To date, there are trans groups in many German cities, for example, in Berlin, Chemnitz, Cologne, Dresden, Düsseldorf, Hamburg, Karlsruhe, Kiel, Leipzig, Mainz, Münster, Munich, Nuremberg, and Stuttgart.
Local transgender networks such as the Transgender Network Berlin (TGNB), which encompasses up to 20 trans and LGBT organisations, also exist, but no national trans network.
Diverse and vivid trans subcultures exist in German cities such as Berlin and Cologne.
Several print and online publications made by and for trans people are available in Germany. A trans magazine called Vivatissimus is published by a trans group in Munich, a Drag King magazine called Die Krone und ich (The Crown and Myself) is published by trans people from Cologne, and the multilingual (German, Spanish, English) academic online journal Liminalis – A Journal for Sex/Gender Emancipation and Resistance is published by trans and intersex activists and researchers in Berlin.
Date of information: January 2010
More information will be provided after the analysis of the TvT questionnaire results and other research data has been concluded.
Official statements regarding Gender Identity and Human Rights
In December 2008, together with 65 other UN member states, Germany supported a statement at the UN General Assembly confirming that international human rights protections include sexual orientation and gender identity (ILGA 2008).
In December 2006, together with 54 other UN member states, Germany signed a joint statement at the UN Human Rights Council condemning human rights violations on the basis of sexual orientation or gender identity (Norway-Geneva 2006).
Date of information: January 2010
More information will be provided after the analysis of the TvT questionnaire results and other research data has been completed.
Recommendations
In the following pages, we present recommendations made by trans organisations, scientific studies, and international institutions, and note the points at which these recommendations are in conflict with official statements and current legislation.
Revision of the Gender Recognition Law “TSG”
Scientists (e.g., Hirschauer 1999, Balzer 2008, Whittle et al 2008) and even the German Federal Constitutional Court (Bundesverfassungsgericht) (e.g. Bundesverfassungsgericht 2006, 2008) have heavily criticized the TSG. The Transgender EuroStudy, which examines the legal and health care situation of trans people in the member states of the EU, harshly condemns the sterilisation requirement for a legal change of gender: “The legal requirement of sterility is an abuse that must be denounced in the strongest terms. It is particularly disturbing as it echoes back to the eugenics theories and practices of the late 1930s to the 1970s worldwide, but most notably in Europe.” (Whittle et al. 2008: 26)
Since the late 1990s, German trans groups have made several attempts to revise the TSG, criticizing, among other points, the requirement of sterilisation for gender recognition and the narrow perspective of the law, which focuses on transsexual people to the exclusion of all other trans people (see section “Gender Recognition and Gender identity Law” above).
In this context, we present Recommendations 4 and 8 of the Issue Paper “Human Rights and Gender Identity” of the Commissioner of Human Rights of the Council of Europe, of which Germany is a member state:
Recommendation 4:
Abolish sterilisation and other compulsory medical treatment as a necessary legal requirement to recognise a person’s gender identity in laws regulating the process for name and sex change.
Recommendation 8:
Involve and consult transgender persons and their organisations when developing and implementing policy and legal measures which concern them. (Hammarberg 2009: 43-44)
Hate Crime Legislation
As no hate crime legislation in Germany exists in which hate crimes based on gender identity are considered an aggravating circumstance (see section “Hate Crime Legislation,” above), and since transphobic hate crimes do occur (see section “Social Situation” above), we present Recommendation 2 of the Issue Paper “Human Rights and Gender Identity” of the Commissioner of Human Rights of the Council of Europe, of which Germany is a member state:
Recommendation 2:
Enact hate crime legislation which affords specific protection for transgender persons against transphobic crimes and incidents. (Hammarberg 2009: 43-44)
Date of information: January 2010
Further recommendations and more information will be provided after the analysis of the TvT questionnaire results and other research data has been completed.
Sources
Law texts:
“General Equal Treatment Law” (Allgemeines Gleichbehandlungsgesetz, AGG) online:
http://www.gesetze-im-internet.de/agg/BJNR189710006.html (in German)
“Law concerning the change of given names and gender recognition in special cases” (Gesetz über die Änderung der Vornamen und die Feststellung der Geschlechtszugehörigkeit in besonderen Fällen) online:
http://www.gesetze-im-internet.de/tsg/BJNR016540980.html (in German)
Other sources:
Bader, B.; Behnke, B. and Back, C.-S. (1995) “Das dritte Geschlecht. Transsexuelle, Transvestiten und Androgyne,“ Hamburg: Rasch und Röhring Verlag
Balzer, Carsten (2008) "Gender Outlaw Triptychon - Eine ethnologische Studie zu Selbstbildern und Formen der Selbstorganisation in den Transgender-Subkulturen Rio de Janeiros, New Yorks und Berlins" [Gender Outlaw Triptychon – An Ethnological Study on Self Images and Forms of Self Organisation within the Transgender Subcultures of Rio de Janeiro, New York City, and Berlin], Ph.D. Thesis, Free University Berlin, Germany, 2008. (see www.diss.fu-berlin.de/diss/receive/FUDISS_thesis_000000005722)
(2007) „Gelebte Heteronormativitätskritik: Tunten in Berlin zwischen schwulenpolitischem und transgenderpolitischem Selbstverständnis,“ in: Liminalis – Journal for Sex/Gender Emancipation, Vol. 1, 2007/01, pp. 26-43.
(2005) “The Great Drag Queen Hype: thoughts on cultural globalisation and autochthony,” in: Paideuma, Band 51, 2005, pp. 111-131.
(2004) “The Beauty and the Beast. Reflections on the socio-historical and subcultural context of Drag Queens and Tunten in Berlin,” in: Steven P. Schacht und Lisa Underwood (Hg.): The drag queen anthology: the absolutely fabulous but flawless customary world of female impersonators, Harrington Park Press, New York, pp. 55-71. (Published simultaneously as Journal of Homosexuality, volume 46, numbers 3/4 2004.)
Benjamin, Harry (1966) The transsexual phenomenon, New York: Warner Books.
Berliner Senat (2009) “Bundesratsinitiative zur Ergänzung des Grundgesetzes um ein Verbot der Diskriminierung aufgrund der sexuellen Orientierung,” September 29, 2009 (http://www.berlin.de/landespressestelle/archiv/2009/09/29/140682/index.html, January 2010)
Bundesverfassungsgericht (2008) 1 BvL 10/05 vom 27.5.2008, Absatz-Nr. (1 - 76), (http://www.bverfg.de/entscheidungen/ls20080527_1bvl001005.html, January 2010)
(2006) 1 BvL 1/04 vom 18.7.2006, Absatz-Nr. (1 - 83), (http://www.bverfg.de/entscheidungen/ls20060718_1bvl000104.html, January 2010)
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(2009a) “Entwurf eines Gesetzes zur Änderung des Grundgesetzes (Artikel 3 Absatz 3 Satz 1),” Drucksache 17/88, 27.11.2009 (http://dipbt.bundestag.de/dip21/btd/17/000/1700088.pdf, January 2010)
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Acknowledgements
We would like to thank Dr. Julia Ehrt for additional information and discussion.





