Gender self-identification

Gender self-identification is the concept that a person's legal sex or gender should be determined by their gender identity without any medical requirements, such as via statutory declaration.

It is a major goal of the transgender rights movement. Advocates of self-identification say that medical requirements could force trans people into undergoing surgery, are intrusive and humiliating gatekeeping, and that self-identification would make it easier for transgender people to live day-to-day without prejudice. Advocates also argue that there is no evidence that such laws have caused problems in countries where they have been introduced, such as in Ireland, where self-identification was introduced in 2015. Self-identification is opposed by some feminists, who consider safety in places like refuges and prisons, and fairness in sports, to be adversely affected.

As of February 2023, gender self-identification, where no judge or medical expert are involved, is part of the law in 20 countries: Argentina, Belgium, Brazil, Chile, Colombia, Costa Rica, Denmark, Ecuador, Finland, Iceland, Ireland, Luxembourg, Malta, New Zealand, Norway, Pakistan, Portugal, Spain, Switzerland and Uruguay. Proposals to introduce it have proved controversial in some countries, such as the United Kingdom. Within countries organised as federations, such as Australia, Canada and Mexico, legal gender recognition may principally fall under sub-national jurisdiction, and so may vary from province to province. Within a single jurisdiction, legal gender recognition procedures can be different for different documents, such as birth certificates or passports, and is not always the sole determinant of gender recognition in day-to-day life, such as in healthcare, access to facilities, or in personal relations. Third gender self-determination is available in India, Nepal and Argentina.