The Insufficiency of Gender Recognition Acts: The Example of Schooldays in Norway

Summary

INTRODUCTION

Self-declared change of legal gender is being introduced in an increasing number of countries. Whereas most gender recognition acts condition the change of legal gender on the age of majority, a few jurisdictions also give children the possibility of changing their legal gender, if certain procedural requirements are fulfilled, such as parental consent. Enabling children to change their legal gender is an important step forward in safeguarding trans persons’ rights. The question is, however, whether this means that ensuring trans rights can be considered a ‘done deal’. To investigate this question, the chapter takes the perspective of children and focusses on schools in Norway, using children's schooldays to discuss whether gender recognition acts introducing self-declared change of legal gender are sufficient to ensure their rights. In particular, attention is drawn to the issue of trans children's access to changing, shower and sanitary facilities. Taking Norway as an example may be appropriate because the Norwegian Act on Change of Legal Gender is considered one of the most trans-friendly gender recognition acts in the world. Among other things, this is because the Act makes it possible for trans children as young as six to change their legal gender.

This chapter aims to raise awareness of the social reality experienced by trans children and warns against recent gender recognition acts being used as excuses for not taking the steps needed to change the root causes of the inequality and misrecognition of trans people. Having looked at the schooldays of trans children the author argues that it is too early to speak of ‘a done deal’ as far as trans persons’ rights are concerned. This means that ensuring trans rights is still a work in progress. It is claimed that the cisnormative physical structures of modern societies are one of the main reasons why the ability to change legal gender based on self-declaration is not sufficient to guarantee them.

The chapter has three sections. Section 2 explains the key terms used and then points to the emerging trend towards gender recognition with regard to the human rights protection enjoyed by trans persons under international human rights law. It also outlines the growing trend in certain European countries to abolish requirements for change of legal gender that infringe human rights, and the emerging trend to introduce gender recognition acts that give children and adolescents greater ability to change their legal gender.