In Sweden, transgender and transsexual people (trans* for short) are forced to undergo sterilisation in order to change their gender. There is now a protest against this. From Sophie Neuberg and Susanne Reuber.
Beautiful Sweden: A blue and yellow flag on every flagpole, a cosy red wooden cottage behind it, a happy, legally married gay or lesbian couple in every cottage, with all-round social and health security and complete equality with the rest of the population. That has always been our stereotype of Sweden, hasn't it? Social, open, progressive. For example, registered partnerships were introduced there as early as 1995, and the complete opening of marriage to gays and lesbians was decided by parliament in 2009.
By the end of January, there were already 75,000 signatures
But suddenly the pretty little house shows a crack: the American organisation "AllOut" collects signatures against a "barbaric law" that forces trans people in Sweden to undergo sterilisation surgery in order to have their driving licence changed, for example. The signatures - almost 75,000 at the end of January - are intended to call on Prime Minister Fredrik Reinfeldt to stand up to the small conservative Christian Democrat party and change the law.
Barbaric practice in the land of the moose? Be careful, because the bold language used by AllOut, such as "Stop forced sterilisation in Sweden", can lead to misunderstandings. It's not about changing the name on your driving licence, but your gender. Changing your first name is particularly easy in Sweden and is open to everyone - a certain Jan-Olov Madeleine managed to get this through the courts in 2009. This did not result in a law, but it did change legal practice: You can now change part of your first name at the tax office, have something added to it or deleted from it, or have all your first names changed at the Patent and Registration Office.
The proposal to abolish compulsory sterilisation has not yet been taken up
However, the question of sterilisation arises if you want to change your gender and thus, for example, the gender entry on your birth certificate. This is also relevant for the driving licence, as the personal number stated there reveals the gender. In order to change the birth entry and thus also the personal number, Swedish law requires that the person is incapable of reproduction.
In May last year, the social administration submitted a proposal to amend the law and suggested, among other things, that the obligation to undergo sterilisation should be abolished. This was also in light of the fact that the EU Council of Ministers had already called on all EU states to drop conditions that require physical intervention in the event of a change of gender. The Swedish Association for Gay, Bisexual and Trans* Rights (RFSL), in cooperation with AllOut, is protesting against the fact that this proposal has not been taken up and that the condition of inability to reproduce remains in the law.
The corresponding passage in the German Transsexuals Act is currently "not applicable"
And in this country? For a change of gender, the corresponding passage in the German Transsexuals Act (TSG) requires that the person is "permanently incapable of reproduction" and "has undergone an operation to change their external sexual characteristics, as a result of which a clear approximation to the appearance of the opposite sex has been achieved". At the beginning of 2011, the Federal Constitutional Court labelled these two conditions as "incompatible" with the German Basic Law, partly because of the fundamental right to physical integrity. Until a new legal regulation is passed, this paragraph is "not applicable", the Federal Constitutional Court ruled. However, this is a long time coming.
Demonstrations were held in various Swedish cities on 18 January, for example in Stockholm with around 400 participants, to reaffirm the demand for the abolition of the relevant paragraph in Swedish law. The RFSL is currently endeavouring to get an appointment with Prime Minister Fredrik Reinfeldt to present him with the signatures, but has not yet been successful.
The chance of success is now high
After all, the issue was also part of the debate that the party leaders held in the Swedish Parliament in January. RFSL President Ulrika Westerlund is certain that this is thanks to the activities of her organisation and the collection of signatures by AllOut, because the protest is attracting a lot of attention. The RFSL will definitely continue to "fight loudly", says Westerlund, as there is currently a good chance of success. If it happens, the rift in the progressive Swedish house will be mended.
