Gender Recognition in Poland: A report on court and administrative procedures

Published: April 7, 2014

We are proud to present the closing publication of a cooperative project between the Trans-Fuzja Foundation and the Polish Society of Anti-Discrimination Law funded by theStefan Batory Foundation and the Mama Cash Foundation. The purpose of the project was to monitor how the Polish Judicial System implements international human rights standards regarding gender recognition.

 
There were many reasons why we decided to seek data on gender recognition. One of them being the dynamic change of political and public discourse surrounding transgender issues in Poland. We decided to become a part of this debate and improve the on-going discussion with essential arguments. As organisations skilled and active in working against discrimination from a human rights perspective, we see a great need to change the Polish gender recognition procedures so that they reflect the expectations and needs of the persons seeking it. The results of our monitoring process clearly show that the Polish Judicial System is not ready for the trans community and that the current gender recognition procedures are not in line with international human rights standards. Having that in mind, we decided to analyse several tens of case-files concerning legal gender recognition and collect data on the actual human rights situation of those persons who decide to go through the process. We were especially looking at the topics of right to privacy, freedom from inhuman and degrading treatment and the respect for family life.
 
The results of our monitoring, along with articles concerning the state of current legal gender recognition procedures in Poland have been published in our initial publication “Sytuacja prawna osób transp?ciowych w Polsce”. We decided to shorten the report for international audiences and present the results of the case-file research, which – as we anticipate – will be the most interesting part of our publication. To give light to the basics of gender recognition procedures in Poland, we also decided to add a short article published in the Visegrad Revue, which addresses the topic from a trans activist perspective.
 
We hope that this publication will become useful to those who seek knowledge on legal gender recognition in Poland and the situation of trans people in our country.
 
Krzysztof ?miszek (Polish Society of Anti-Discrimination Law) 
Wiktor Dynarski  (Trans-Fuzja Foundation)
 
Access to publication available at link below –

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