European Parliament
Resolution of 12 September 1989 on discrimination against
transsexuals
cf. RECOMMENDATION 1117 (1989) on the condition
of transsexuals
last edited 2001/02/13
The European Parliament,
--- having regard to Petitions Nos 16/84 and 229/87,
--- having regard to the joint declaration by the European
Parliament, the Council and the Commission on human rights of 27
April 1977 (OJ No C 103, 27. 4. 1977, p. 1),
--- having regard to the commitment made in the preamble to the
Single European Act (OJ No L 169, 29. 6. 1987, p. 1) to promote
the fundamental rights recognized in the European Convention for
the Protection of Human Rights and Fundamental Freedoms and the
European Social Charter, notably freedom, equality and social
justice,
--- having regard to the European Parliament's resolution of 29
October 1982 (OJ No C 304, 22. 11. 1982, p. 253) on legal
measures to improve the protection of fundamental rights in the
EC.
--- having regard to its resolution on sexual discrimination at
the workplace (OJ No C 104, 16. 4. 1984, p. 46),
--- having regard to its resolution on violence against women (OJ
No C 176, 14. 7. 1986, p. 52),
--- having regard to the report of the Committee on Petitions
(Doc. A 3-16/89),
A. whereas the procedure for transsexuals to change sex is still
not available or regulated in all Member States of the Community,
and the costs involved are not reimbursed by the health insurance
institutions,
B. regretting that transsexuals everywhere are still
discriminated against, marginalized and sometimes even
criminalized,
C. aware that the unemployment rate among transsexuals undergoing
a change of sex is between 60 and 80%,
D. whereas transsexuality is a psychological and medical problem,
but also a problem of a society which is incapable of coming to
terms with a change in the roles of the sexes laid down by its
culture,
1. Believes that human dignity and personal rights must include
the right to live according to one's sexual identity;
2. Calls on the Member States to enact provisions on
transsexuals' right to change sex by endocrinological, plastic
surgery, and cosmetic treatment, on the procedure, and banning
discrimination against them;
The procedure should offer the following possibilities as a
minimum:
(a) psychiatric/psychotherapeutic differential diagnosis of
transsexualism, by way of help with self-diagnosis,
(b) a consultation period; psychotherapeutic assistance and
support; information on the change of sex; medical examinations,
(c) hormone treatment combined with a trial in everyday life,
i.e. living the role of the new sex for at least one year,
(d) surgery after approval by a board of experts consisting of a
medical specialist, psychotherapist and, possibly, a
representative nominated by the person concerned,
(e) legal recognition; change of first name; change of sex on
birth certificates and identity documents,
(f) psychotherapeutic and medical aftercare;
3. Calls on the Council of Europe to enact a convention for the
protection of transsexuals;
4. Calls on the Member States to ensure that the cost of
psychological, endocrinological, plastic, surgical and cosmetic
treatment of transsexuals is reimbursed by the health insurance
institutions;
5. Calls on the Member States to grant public assistance to
transsexuals who have through no fault of their own lost their
jobs and/or accommodation because of their sexual adaptation;
6. Calls on the Member States to set up advice centres for
transsexuals and to give financial support for self-help
organizations;
7. Calls on the Member States to disseminate information on the
problems of transsexuals, especially among the staff of their
social services, police, frontier authorities, registration
offices, military authorities and prison services;
8. Calls on the Commission and the Council to make it clear that
Community directives governing the equality of men and women at
the workplace also outlaw discrimination against transsexuals;
9. Calls on the Commission, the Council and the Member States to
devise identity documents which would be recognized throughout
the Community and in which, where applicable, the holder's
transsexuality could be indicated during the period of sexual
adaptation if so requested;
10. Calls on the Council and the Member States, when harmonizing
the right of asylum, to recognize persecution on the grounds of
transsexuality as grounds for asylum;
11. Calls on the Commission to make funds available under its aid
programmes for further study of transsexuality in the medical
field;
12. Calls on the Commission to urge the Member States to adopt
special measures to find employment for transsexuals;
13. Calls for the setting-up of an office at the Commission to
which cases of discrimination may be reported;
14. Instructs its President to forward this resolution to the
Commission, the Council, the governments and parliaments of the
Member States and the Council of Europe.
Source: Transsexualism
in Europe,
2000, Council of Europe Publishing, pp. 82-83