By Greg Hall
Impunity Watch Reporter, Europe

AMSTERDAM, Netherlands – In 1985, the Netherlands passed a civil code that required transgender people to take hormones and undergo surgery to alter their bodies to permanently and irreversibly sterilize their bodies before their gender would be legally recognized.  This law, article 28 of the civil code, is being scrutinized because it violates transgender people’s rights to personal autonomy and physical integrity and to define their own gender identity.

Human Rights Watch (HRW) argued that the law should be amended to respect transgender people’s rights by separating legal and medical questions for transgender people.

Boris Dittrich, advocacy director in the Lesbian, Gay, Bisexual, and Transgender (LGBT) Rights Program at HRW stated, “the Dutch law causes anguish for trans people who have not had the required surgery.  Their documents do not match their deeply felt gender identity.  This leads to frequent public humiliation, vulnerability to discrimination, and great difficulty finding or holding a job.”

HRW interviewed several people about the law.  One of the interviewees stated, “People are left dangling in between two worlds for far longer than is necessary. It is needlessly traumatizing for people who are already very vulnerable.” Another comically commented that the “state should stay out of our underwear.”

Under the current law, some courts have held that the transgender people do not even have the right to use their chosen first name.  The Dutch government has made statements about repealing the law that violates human rights.  In March of 2011 the state secretary for security and justice promised to present a bill that would abolish the infertility requirement.  However, the bill has yet to be introduced.

Dittrich stated, “trans people are tired of waiting and hearing empty promises.  They want legal action now. Before any new law goes into effect, a lot of time will have passed. Meanwhile trans people have to cope with daily humiliation, discrimination, and frustration.”

For more information, please see:

Human Rights Education Associates – The Netherlands: Transgender Law Violates Human Rights – 13 September 2011

Human Rights Watch – The Netherlands: Transgender Law Violates Human Rights – 13 September 2011