Politics, Business & Culture in the Americas

Colombia Strikes Physical Exam Requirement for Gender Change



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Ten transgender Colombians will today be the first people to take advantage of new rules  that simplify the process by which individuals can legally change their gender. The decree, which was signed by the Ministry of Justice and the Ministry of the Interior and went into effect last Friday, eliminates the need for psychiatric or physical examinations to prove an individual’s gender identity.

Under the new rules, individuals need only submit a copy of their civil registry form, a copy of the identification card and a sworn declaration expressing their wish to change their gender identity in the civil registry to a notary public. The notary public has five business days to complete the procedure. Any subsequent change to one’s legal gender identity can only be made after ten years, and an individual can only change his or her gender identity twice.

According to a statement released by the Ministry of Justice yesterday, the rules will have “positive consequences for [Colombia’s] trans population, which, until now, has been subjected to tedious judicial procedures.”

The ministers of justice and the interior, Yesid Reyes and Juan Fernando Cristo, along with representatives from various transgender rights organizations, will attend proceedings today at a notary public in Bogotá to publicly present the decree

“Judges used to order bodily inspections to determine if people had physically changed their sex, or demanded a psychiatric exam to know if the applicant had gender dysphoria,” Reyes said. “Both exams were profoundly invasive of privacy rights and were rooted in unacceptable prejudice. The construction of sexual and gender identity is an issue that doesn’t depend on biology.”

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