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Legal Update: Resolution on transgender rights

Kirsten Anderson, research and policy manager at Coram Children's Legal Centre, examines how a Council of Europe resolution relates to the rights of transgender young people to change their legal gender.

The Council of Europe last month adopted an historic resolution on discrimination against transgender people in Europe. The resolution is wide-ranging and addresses the many forms of discrimination that face transgender people, including "difficulties in access to work, housing and health services, as well as a high prevalence of hate speech, hate crime, bullying, and physical and sexual violence".

Importantly, the resolution provides some guidance on children and young people's access to legal gender recognition. It calls on member states to "develop quick, transparent and accessible procedures, based on self-determination, for changing the name and registered sex of transgender people" on a range of legal identity documents, including birth certificates, identity cards, passports, educational certificates and other documents. Significantly, it requests states to make these procedures available to all people, irrespective of age. The resolution calls on states to ensure that the best interests of the child is a primary consideration in all decisions concerning them.

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