Proposal to the Minister of Justice of Georgia regarding amendments to records of gender for transgender persons in civil acts

On May 18, 2015, the Public Defender of Georgia addressed the Minister of Justice of Georgia with a proposal to elaborate and adopt a procedure rule regarding change of records of gender in civil acts. Existence of such rule will enable transgender persons to change records of gender in official documentations quickly and through easily accessible ways.

Studies conducted by the Public Defender reveal that transgender persons face problems when changing records of gender in civil acts that in itself is an interfering factor in educational and employment process. The article 78 of the Law of Georgia on Civil Acts defines a list of circumstances that may become basis for introduction of change into records in civil acts. “Change of gender – if with regards to change of gender a person wants to change a name or/and a surname” is indicated as one of such circumstances. Though, there is no list of documents that a person needs to present for conduction of relevant changes in civil acts, neither it is defined what is considered as “gender change” for purposes of this article.

Due to vagueness of the rule established by the law it is important that the issue is elaborated and adopted taking into account practices in successful countries in the sphere of obligations assumed under international agreements and gender equality.

Opportunity of change in records of gender in civil acts will enable transgender persons to realize their fundamental rights and fully integrate into the society.

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