Gender self-identification

Gender self-identification is the concept that a person's legal sex or gender is determined by their gender identity without any medical requirements, such as via statutory declaration.^[1][2][3][4]

It is a major goal of the transgender rights movement.^[1][2][3][5] Advocates of self-identification say that medical requirements are intrusive and humiliating gatekeeping, that they could force transgender people into undergoing surgery, and that self-identification would make it easier for transgender people to live day-to-day without prejudice. Advocates also argue that there is no evidence that such laws have caused problems in countries where they have been introduced, such as in Ireland, where self-identification was introduced in 2015.^[2][6] Self-identification is opposed by some feminists,^[2][3][5][7] who consider safety in places like refuges and prisons, and fairness in sports, to be adversely affected.^{[5][8][9][10]}

As of February 2023, gender self-identification, where no judge or medical expert are involved, is part of the law in 20 countries: Argentina, Belgium, Brazil, Chile, Colombia, Costa Rica, Denmark, Ecuador, Finland, Iceland, Ireland, Luxembourg, Malta, New Zealand, Norway, Pakistan, Portugal, Spain, Switzerland and Uruguay.^[11][12][13] Proposals to introduce it have proved controversial in some countries, such as the United Kingdom.^[3] Within countries organized as federations, such as Australia, Canada and Mexico, legal gender recognition may principally fall under sub-national jurisdiction, and may vary from province to province. Within a single jurisdiction, legal gender recognition procedures can be different for different documents, such as birth certificates or passports, and is not always the sole determinant of gender recognition in day-to-day life, such as in healthcare, access to facilities, or in personal relations. Third gender self-determination is available in India, Nepal^[12] and Argentina.^[14]