What rights and obligations do transgender people have in the Draft Law on Gender transformation?
Vietnam's Draft Law on Gender transformation
What is gender transformation?
Gender transformation is an action where a person requesting gender transformation wants to use medical intervention to interfere with his or her gender, to help him or her live in accordance with his or her own gender.
Persons requesting gender transformation and transgender people are specified in Clauses 1 and 2, Article 2 of the Draft of the Law on Gender Transformation of Vietnam, specifically as follows:
"Article 2. Interpretation of words
In this Law, the following terms are construed as follows:
1. Person requesting gender transformation is a person who has a complete biological sex, finds himself/herself with a gender identity different from the existing biological sex, and requests the competent authority to recognize him/her as a transgender person.
2. Transgender person means a person requesting gender transformation who is recognized by a competent authority as a transgender person according to the provisions of this Law.”
Rights of transgender people
Before the Draft Law on Gender Transformation was promulgated, Article 37 of the Civil Code 2015 of Vietnam also provided for the rights and obligations of transgender people as follows:
"Article 37. Gender transformation
The gender transformation shall comply with regulations of law. Each surged transgender has the right and obligation to apply for change of civil status affairs as prescribed in law on civil status affairs and has the personal rights in conformity with the transformed gender as prescribed in this Code and relevant laws.”
In Clause 1 Article 4 of the Draft Law on Gender Transformation of Vietnam, specifically, the rights of transgender people are as follows:
- To be recognized as a transgender person without medical intervention to change sex; the implementation of medical interventions for sex reassignment is completely voluntary;
- To receive psychological and medical advice and support before, during and after performing medical interventions for gender transformation;
- To respect and protect the honor, dignity, reputation, privacy, personal secrets, family secrets and other privacy rights of transgender people;
- Have the right to register to change civil status papers after being recognized as a transgender person;
- To have the right to study, work and integrate into the family and society after medical intervention to change sex;
- Not being forced to sterilize during genital surgery, except in voluntary cases;
- Be guaranteed the right to marry according to the new gender after being recognized as a transgender person;
- To be guaranteed other rights as prescribed by the Constitution and the law.
Obligations of transgender people
Pursuant to Clause 2 Article 4 of the Draft Law on Gender Transformation of Vietnam, the obligations of a transgender person are specifically as follows:
"Article 4. Rights and obligations of transgender people
2. Obligations of transgender people
a) Participating in counseling and psycho-medical support before, during and after performing medical interventions for gender transformation;
b) Actively and actively studying, working and integrating into family and society after performing medical intervention for gender transformation;
c) Perform other obligations as prescribed by the Constitution and the law."
Prohibited acts for transgender people
In Article 5 of the Draft Law on Gender Transformation of Vietnam, the following acts are prohibited from being used upon transgender people:
"Article 5. Prohibited acts
1. Stigma, discrimination, insult to honor, dignity, violence against people wishing to change gender, transgender people.
2. Obstructing or making it difficult for medical intervention to change sex.
3. Taking advantage of transgender people for human trafficking, labor exploitation, sexual abuse or other illegal acts.
4. Sterilization when having genital surgery without consent of the person.
5. Force transgender people to leave school or work because of gender transformation.
6. Disclosure of information, private life, personal secrets, family secrets without the consent of the transgender person.
7. Carrying out medical interventions for gender transformation when individuals or organizations are not eligible
8. Taking advantage of the gender transformation to evade legal obligations."
Thus, after the Law on Gender Transformation is promulgated, people who have participated, are participating in and want to participate in gender transformation will enjoy the rights and perform their obligations in accordance with the law. Above are the rights and obligations of transgender people that we provide and send to our readers.
See the detailed draft Law on Gender Transformation of Vietnam here.
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