The shock of the Council of Europe. Promote gender reassignment for children

Europe is not happy with abortion lobbying as a right, but also wants easy gender reassignment for minors. The request comes this time from the Council of Europe, which insists on removing all bureaucratic obstacles to gender reassignment without age limits. One of the barriers that we would like to remove is the obligation to choose between male and female gender in documents which, in some cases at the level of individual states, have already been disregarded. While currently gender reassignment is only possible after a series of medical treatments and psychological reports, the Council of Europe’s recent report on legal gender recognition proposes to streamline all procedures.

Going into detail, the document reminds me of that 39 out of 46 Member States allow gender reassignment in some waywhile only 7 countries (all small or very small) do not allow it: these are Albania, Andorra, Armenia, Azerbaijan, the Principality of Monaco, Northern Macedonia and San Marino.

In Italy and in the other 27 European national systems, a psychological examination is foreseen, while a gender reassignment operation in 24 states is required: these countries include Italy, although both the Constitutional Court and the Court of Cassation believe that surgery is no longer essential for the recognition of gender identity. Italy is also among the 17 European countries that allow gender reassignment for minors, among which Malta and Luxembourg stand out, which for this procedure has no age limit. With regard to this aspect, the report highlights the problem of “rejection” and “exclusion” of children and young people liquid and recommends that Member States guarantee transitional procedures based on the principle of the best interests (the same as child support is justified), and in any case seeks to remove the “restrictions” currently planned in this area.


That Council of Europe report is set out in the first Thematic Report on the Implementation of the Committee of Ministers’ Recommendation to Member States on Measures to Combat Discrimination on the Grounds of Sexual Orientation or Gender Identity (2010). According to the report, the absence of official documents supporting the perceived gender identity is it would make people transgender or genital fluid “More vulnerable to discrimination and violence”. Another problem that the Council of Europe considers relevant is “the increase in opposition to the human rights of transgender people in some countries, accompanied by a lack of public information about their situation”.

According to the report, Member States should “also facilitate inclusive discussions to better understand the meaning of the ‘legal path recognition’ (LGR) ‘pathopathization procedures'”. One of these points concerns the marital status of the person requesting the gender reassignment: in 19 states it is necessary for the person to be single or at least divorced. In a further 6 countries, this requirement is not necessary, while a further 9 countries respect the integrity of existing marriages and update marriage certificates accordingly. The report therefore recommends that the requirements for access to the LGR in any state system “do not affect the acquired rights of the spouse and children”.

The Council of Europe report then calls for the introduction of “anti-discrimination legislation” on gender identity for states that have not yet approved them. Similar to the Italian Zan bill, the report insists on considering “aggravating circumstances” all the reasons associated with “the victim’s gender identity or sexual characteristics”.

On the sidelines of the document, the Council of Europe announced a new report for 2023, which will focus on “hate crimes against LGBTI people”.


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