Europe's 'Transgender Declaration' Leads to Gender Correction... What About Korea?

Gender Transition Easier in Finland... Possible by Self-Declaration
Still Difficult in Korea
Also, Precedent Changed to Allow "Even with Minor Children"

[Asia Economy Reporter Yoon Seul-gi] In Europe, laws simplifying the criteria for transgender gender correction through 'self-declaration' instead of complicated procedures are being passed one after another. However, in Korea, transgender individuals still have to meet stringent criteria to undergo gender transition, and many do not even attempt it due to the complex legal gender correction procedures.

According to Euronews, the Finnish Parliament passed a bill on the 1st that allows easy gender correction. It stipulates that transgender individuals over 18 years old can legally change their gender through a self-declaration process alone. This means that medical and psychiatric approval procedures will no longer be necessary.

Transgender refers to people whose gender identity differs from their biological sex at birth. Here, gender identity is the deep feeling or intrinsic sense of being male, female, or another gender.

The photo is not related to the specific content of the article. Photo by Pixabay [Image source=Pixabay]

In Europe, there is a movement to expand transgender rights. Last December, Spain passed a transgender rights bill allowing anyone over 16 to legally change their gender without medical supervision. The bill must be sent to the Senate for final approval. Additionally, countries such as Ireland, Norway, Portugal, and Switzerland allow gender correction through self-declaration systems.

Of course, the expansion of transgender rights is not without controversy. Opinions are divided on the introduction of self-declaration. There are concerns about potential abuse of the law. In particular, there is significant worry that men, regardless of gender identity, might claim to be 'trans women,' thereby threatening women's rights.

For example, last month in the UK, controversy arose over Isla Bryson (31), who was convicted of raping two women before transitioning to female, being placed in a women-only prison. At that time, Bryson's ex-wife claimed in a media interview that "he never once spoke about his gender identity," accusing Bryson of lying.

There are also criticisms that it is premature for minors who have not yet established their self-identity to have the right to decide their own gender.

In the UK, the government blocked a Scottish Parliament bill on the 17th of last month that would allow gender correction based solely on personal choice, citing potential conflicts with the UK's overall equality laws.

In Korea as well, strict criteria and procedures must be met for legal gender correction. Because the gender correction process is complicated, many do not even attempt it. According to a February 2021 survey by the National Human Rights Commission on transgender hate and discrimination, out of 591 respondents, only 47 (8.0%) had completed legal gender correction. When asked why they had not attempted gender correction (508 respondents), 40.0% (203 people) answered "because the legal gender correction procedure is complicated."

Currently, according to the administrative guidelines for gender correction permission applications for transgender individuals, the Supreme Court's criteria for gender correction include: ▲ being a competent person aged 19 or older ▲ having completed gender reassignment surgery including removal of reproductive ability ▲ not being married.

However, in November last year, the Supreme Court's full bench changed the precedent requiring 'no minor children,' showing some change. The ruling indicated that gender correction should be permitted even if there are minor children.

There are also opinions that the legislature should hasten related legislation to keep pace with changing times. In the National Assembly, the Special Act on Gender Change for Transgender Persons was proposed in 2002 (led by then-Hannara Party lawmaker Kim Hong-shin), and the Special Act on Gender Change for Transgender Persons was proposed in 2006 (led by then-Democratic Labor Party lawmaker Roh Hoe-chan), but both were discarded due to expiration of terms, and no legislative discussions have taken place since.

This content was produced with the assistance of AI translation services.