Gender Recognition Act (Norway)
The Gender Recognition Act (Norwegian: Lov om endring av juridisk kjønn) was adopted by the Norwegian parliament, the Storting, on 6 June 2016, was promulgated by the King-in-Council on 17 June and took effect on 1 July 2016.[1][2]
Under the act every citizen over the age of 16, the age of consent in Norway, may change their legal gender (kjønn) by notification to the National Population Register via an electronic form. Those between the ages of 6 and 16 may only change their legal gender with the consent of all their legal guardians, in most cases both parents. If only one parent consents, the child may only change their legal gender with the approval of the responsible County Governor, if the Governor determines that the application by the child and one of their parents is in the best interest of the child.[3] While the notification to the National Population Register itself is a straightforward procedure, those who change their gender are assigned a new Norwegian identification number, making the entire process of changing legal gender much more cumbersome, as all personal documents and forms of identification (e.g. BankID) need to be changed separately.[4][5]
The act was proposed by the Conservative-led government of Erna Solberg and received multi-partisan support; it was supported by 79 members of parliament representing the Conservative Party, the Labour Party, the Progress Party, the Liberal Party, the Socialist Left Party and the Green Party, and opposed by 13 members of parliament mostly representing the Christian Party and the agrarian Centre Party.[1] It has been described as a breakthrough for LGBTIQ+ rights in Norway, making Norway the fourth country to adopt such a law, following Denmark, Malta and Ireland.[6] It was hailed by LGBTIQ+ rights organizations such as the Norwegian Organisation for Sexual and Gender Diversity, by Amnesty International[7] and by the feminist movement, notably by the Norwegian Association for Women's Rights.[8]
Under the Equality and Anti-Discrimination Act and the Norwegian Penal Code discrimination and hate speech on the basis of someone's gender identity or gender expression is prohibited. The changes to the Norwegian Penal Code, which carry a maximum penalty of three years imprisonment for discriminating or engaging in hate speech against someone on the basis of their status as transgender, were also introduced by the Conservative-led government of Erna Solberg and took effect in 2021.[9] In 2021 the first person was criminally convicted for hate speech against a transgender person, receiving a fine and a 21-day suspended prison sentence.[10]
References
- ^ a b "Lov om endring av juridisk kjønn". The Storting. 29 March 2016. Retrieved 19 September 2022.
- ^ "Gender identity and sexual orientation in international and national (Norwegian) law". University of Oslo. Retrieved 19 September 2022.
- ^ "Endring av juridisk kjønn". Retrieved 19 September 2022.
- ^ "Endring av juridisk kjønn". Helsenorge. 31 January 2017. Retrieved 19 September 2022.
- ^ "Retten til kjønnsidentitet og innføring av en tredje juridisk kjønnskategori". University of Bergen. Retrieved 19 September 2022.
- ^ "Norway now allows trans people to decide their own gender". PinkNews. Retrieved 19 September 2022.
- ^ "Historisk lov vedtatt". Amnesty International. Retrieved 19 September 2022.
- ^ "Norsk Kvinnesaksforening". Archived from the original on 2022-09-11. Retrieved 2022-09-11.
- ^ "Kjønnsidentitet og kjønnsuttrykk inn i straffeloven". 3 April 2020. Retrieved 19 September 2022.
- ^ "Transkvinne hetsa – mann dømd etter Facebook-kommentarar". NRK. 21 December 2021. Retrieved 19 September 2022.