Gender self-identification or gender self-determination is the concept that a person's legal sex or gender is determined by their gender identity , without medical or judicial requirements. It is a major goal of the transgender rights movement. They also claim that self-identification simplifies the process of transgender people living without prejudice and discrimination. Proponents claim a lack of evidence suggesting adverse outcomes in countries where self-identification laws have been implemented, such as Ireland , which adopted self-identification policies in In federated countries like Australia , Canada and Mexico , gender recognition laws often vary by province or state.
Within a single jurisdiction, procedures may also differ across official documents, such as birth certificates and passports. These laws do not necessarily encompass all aspects of gender recognition in areas such as healthcare or access to facilities. In , Victor Madrigal-Borloz , the United Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity , stated that "the right to self-determine one's gender was a fundamental part of a person's freedom and a cornerstone of the person's identity" [ 17 ] and that states' obligations included "adopting legal measures such as being based on self-determination [and] ensuring that minors have access to recognition of their gender identity".
Amnesty argued that transgender individuals should have access to legal gender recognition through quick, accessible, and transparent procedures that align with their own perceptions of gender identity.
Based on international children's rights standards, the report advocated for the right of individuals under 18 to obtain legal gender recognition based on self-declaration, the recognition of a third gender marker, publicly accessible transgender healthcare, and legal protections against discrimination based on gender identity.
It also examined successful strategies for reform campaigns, emphasizing the importance of targeting younger politicians and youth wings of political parties, highlighting depathologization and human rights aspects, using personal stories to humanize the issue, intervening early in the legislative process, and fostering strong collaboration among advocacy groups. In the case ND v. A study published in BMC International Health and Human Rights found that "the majority of countries from South America allow their transgender citizens to change name and gender in legal documents in a fast, easy, and inexpensive manner" and noted that "legislation to protect [sexual and gender minority] rights in South America underwent fundamental and positive transformations" during the s.
