UPDATE/Canada - Surgical requirement on record of birth is discriminatory

[Electric Wizard]

Surgical requirement on record of birth is discriminatory for trans people

link

For Immediate Release: April 17, 2012

Trans Lobby Group Applauds Ontario Human Rights Decision

Trans Lobby Group members are thrilled that an Ontario Human Rights Tribunal has ruled that the surgical requirement for a change in the record of birth on legal documents is discriminatory towards trans people. In a decision just released, XY v. The Ministry of Government and Consumer Services confirmed what trans people have been saying all along.

Susan Gapka noted, "Requiring Sexual Reassignment Surgery (SRS) is differential treatment based upon a personal characteristic, that is; that trans people are treated differently and face harassment and discrimination when their legal documents do not match how they present in their everyday lives." Gapka, chair of the Trans Lobby Group added, "Now we can move forward with remedy which will provide social inclusion for many trans people born in Ontario who are currently without accurate documentation."

[eli77]

Very cool. I wonder what they'll decide on for criteria.

Kind of funny that I just sent off my forms yesterday to change my sex marker based on the current rules.

[Electric Wizard]

From the sounds of it, all you'll need to do is fill out a form, and include a letter from a treating physician who is aware of your transition. The physician does not have to be a surgeon performing your surgery like the previous requirements.

[SandraJane]

CNW Canada News Wire



Important Victory for Transgender Persons in Ontario


April 20, 2012 10:47 AM


http://www.newswire.ca/en/story/958893/important-victory-for-transgender-persons-in-ontario


TORONTO, April 20, 2012 /CNW/ - A significant decision from the Human Rights Tribunal of Ontario (HRTO) in XY v. Ministry of Government and Consumer Services reinforces the human rights of trans people.

The decision found that legislation requiring a person to have "transsexual surgery" before they can change the sex designation on their birth registration is discriminatory. It says that requiring surgery adds to the disadvantage and stigma experienced by members of this community, and reinforces the stereotype that transgender persons must have surgery in order to live in their felt gender. It also found that the goals of the Vital Statistics Act (VSA) would not be harmed by removing this requirement.