In a statement issued on Thursday, the ECRI praised Luxembourg’s quick adoption of a new “national integration action plan”, supported by “an appropriate budget”.
Adopted in July 2018, the projects aimed at implementing it were to start in 2019.
Luxembourg met the second recommendation, adopting a law on name changes and gender recognition for transgender persons. A new law to this effect entered into force in September 2018, enabling intersex and transgender persons to submit an administrative request to the Minister of Justice, asking for their gender and first name(s) to be amended in public records and official documents. “ECRI welcomes the enactment of this new legislation, which no longer requires any prior medical intervention, and considers that this recommendation has been fully implemented,” the human rights monitoring body wrote.
What the law means
Under the law, a person must show through an appropriate provision of evidence that the gender mentioned in public records and official documents does not correspond to that which they present themselves as and are known by. For minors who are five years of age or older, the persons with parental authority or their legal representative can make the request. For minors under five, a legal procedure applies under certain conditions.
Under the Marriage Equality Act introduced in 2014, an applicant may remain married after changing their gender in the public records and official documents.
According to the ECRI report, the new legal framework has been welcomed by civil society representatives because the administrative procedure is more respectful of a person’s dignity as it relies on self-declaration and no longer requires prior intervention by a psychiatrist, another doctor or a third party.