Groundbreaking strategic legal victory for transgender people in Moldova
24/05/2012
Submitted by
GENDERDOC-M Information Centre
Today, the Appeal Court of Chisinau has released a decision allowing transgender people to change their legal documents, namely birth certificates, in accordance with their desired gender (either female or male). The legal gender change is possible solely on the basis of the diagnosis “transsexualism (the nuclear form)” issued after a thorough psychiatric examination and does not require any surgical interventions.
Today’s court decision is a satisfaction of GENDERDOM’s appeal against the decision from 9 February 2012 issued by the first instance of court, and it has no further right of appeal. This strategic legal victory was possible owing to the involvement of two courageous trans individuals who were claimants in the litigation. Interests of the claimants were represented by the lawyer Doina Ioana Straisteanu from “Pantiru and Straisteanu” law firm, a long-term partner of GENDERDOC-M Information Centre.
In spite of the fact that the decision is in favour of the two claimants, the Registry Office, the state institution in charge of legal gender changing procedure, will have henceforth no right to refuse any trans individuals to change legal gender in their documents and will be taken to accountability for non-execution of the court decision in case of a groundless refuse.
Presenting her arguments during today’s hearing at court, Doina Ioana Straisteanu stated the following: “A surgical intervention is an optional step in the gender transitioning, according to the Ministry of Health. It is an expensive procedure with a long-term period of rehabilitation, and not all types of such surgeries are available in the Republic of Moldova”. It was the key argument which allowed legal gender change without the requirement of surgical sex reassignment.
GENDERDOC-M Information Centre would like to express their gratitude to the partner law firm “Pantiru and Straisteanu” in the person of Doina Ioana Straisteanu for achieving this groundbreaking strategic legal victory in the field of human rights and to the Ministry of Health of Moldova for openness and co-operation in solving issues of transgener people.
Today’s court decision is a satisfaction of GENDERDOM’s appeal against the decision from 9 February 2012 issued by the first instance of court, and it has no further right of appeal. This strategic legal victory was possible owing to the involvement of two courageous trans individuals who were claimants in the litigation. Interests of the claimants were represented by the lawyer Doina Ioana Straisteanu from “Pantiru and Straisteanu” law firm, a long-term partner of GENDERDOC-M Information Centre.
In spite of the fact that the decision is in favour of the two claimants, the Registry Office, the state institution in charge of legal gender changing procedure, will have henceforth no right to refuse any trans individuals to change legal gender in their documents and will be taken to accountability for non-execution of the court decision in case of a groundless refuse.
Presenting her arguments during today’s hearing at court, Doina Ioana Straisteanu stated the following: “A surgical intervention is an optional step in the gender transitioning, according to the Ministry of Health. It is an expensive procedure with a long-term period of rehabilitation, and not all types of such surgeries are available in the Republic of Moldova”. It was the key argument which allowed legal gender change without the requirement of surgical sex reassignment.
GENDERDOC-M Information Centre would like to express their gratitude to the partner law firm “Pantiru and Straisteanu” in the person of Doina Ioana Straisteanu for achieving this groundbreaking strategic legal victory in the field of human rights and to the Ministry of Health of Moldova for openness and co-operation in solving issues of transgener people.
