One of the most curiosive and injurious procedures required by the state from transgender persons has so far been the request to file a suit against parents in cases of correction of sex marking in documents. The government did not regulate this issue – specified a expression was promoted by the case law of the courts, which in the procedural procedure required an indication of the organization liable for misallocation of sex at birth, i.e. parents.
I am writing about this in the past tense, due to the fact that a decision consisting of alleged neo-Judges (established by the politicized by the erstwhile governing squad of the National Judiciary Council) The civilian Chamber of the ultimate Court has abolished this duty. "There is no request to make an artificial defendant, as is the case in gender-change trials under Article 189 of the civilian Law Code," pointed out Judge-Rapporteur Agnieszka Jurkowska-Chocyk. What does this mean in practice?
Listen to the podcast “Women's Education”:
A individual seeking proof correction will not gotta affect his legal guardians/parents who may have obstructed the process, as well as having access to the case files containing, inter alia, details of the sexual life of their children/patients. From now on, the agreement between the sexes will be subject to a non-trial proceeding initiated at the request of a transgender individual and allowing only a spouse to participate in addition to it. This means that the applicant's children will not be included in the case.
At the same time, the ultimate Court stressed that there was inactive a deficiency of legal regulation that would let transgender persons to decide independently how they wanted to be identified in documents. A solution in the form of non-trial proceedings, although of advanced importance to transgender persons and simplifying procedures, is temporary and incomplete.
"Not suing parents does not respond to the needs of non-business people, does not remove from trans persons the request to prove their transgenderity to doctors, does not leave them with a decision on their identity, alternatively inactive makes her dependent on judges," the Society of Love No Excludes.
On the another hand, activists active in the transit.pl task – the largest database of cognition about transgenderity in Poland – indicate that the ruling does not change anything in the case of marriages in which 1 individual wants to correct his birth certificate.
"Alas, couples will gotta divorce, a spouse will be able to participate in the proceedings," I read in a comment on the case. The fact that for post-marriage persons legal correction of the sex attributed at birth involves forced divorce, which is simply a reasonably unobvious consequence of the deficiency of equality of matrimony in Poland, I wrote in September, on the occasion of a press conference on the matrimony suit project.
We are talking about the legal conflict that couples want to bring Poland to the European Court of Human Rights in Strasbourg and oblige our country to change its rules to non-discriminatory LGBTQ+ people.
As you can see, there is inactive a lot to do, but present – as the transgender organizations encourage – 1 can afford a small joy. On Instagram, Transycja.pl says: “The degree of injustice falling upon transgender persons has become a small smaller today. There is simply a tiny participation of all of us in this success – the ultimate Court in the justification as 1 of the reasons for rethinking the form of the procedure indicated “changes in public awareness of transgenderity”, to which we all, as transgenders and allies, applied our smaller or larger brick. Let us rejoice and fight further!”
The decision of the SN turns out to be the bigger twist erstwhile we realize where it came from. It all started in 2021, erstwhile Zbigniew Ziobro, then lawyer General and Minister of Justice, asked the court to decide whether, in the course of the trial, "transgender persons should sue not only their parents but besides their spouse and children if they have them?". The politician likely hoped that he would have the other effect of today’s known, or that the court would make life even more hard for transgender people.
The case was tried to close by withdrawing the application, the successor of Ziobra, Adam Bodnar, but the SN took care of it anyway, and present the champagne corks open not at the office of Sovereign Poland.
“Thank you, Mr Ziobro,” wrote writer Maja Heban of the Love Association. She is told by netizens, joking that 1 of the most right-wing politicians in past has done much more for transgender people than the smiling and allegedly progressive Coalition on October 15. It's hard to disagree with them.
