The Ombudsman reported to the court his participation in the proceedings in the case of Florian – a 20-year-old who had to sue his mother to get his gender identified in the documents. “The need to use identity documents indicating the gender assigned at birth on a daily basis leads to embarrassing situations, causing significant discomfort and even violating dignity,” we read on the website of the Office of the Commissioner for Human Rights. Meanwhile, the court process is dragging on. – Each day of delay is another day of real problems that Florian faces in life – the 20-year-old’s mother tells us.
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Information appeared on the website of the Office of the Ombudsman that on November 7, the Commissioner for Human Rights reported participation in the gender determination proceedings and requested that the complaint be accepted in its entirety. This is a case highlighted by TVN24 journalist Piotr Jacoń in the report “Everything about my country”, in which he presents the court procedure that transgender people must undergo if they want to change their gender marking in the document. The hero of the report is Florian, who has to fight for his rights in the courtroom. In Poland, to correct the gender indication in documents, a transgender person must sue his or her parents.
Ombudsman on “fundamental personal law”
“The Ombudsman pointed out that the Plaintiff, who identifies as male, functions socially as a man, and at the same time in identity documents and marital status records his gender is invariably marked as female, he undoubtedly has a legal need to eliminate these discrepancies,” it was written on the Ombudsman’s website . It added that its current legal situation is “definitely unfavorable”. “The need to use identity documents indicating the gender assigned at birth on a daily basis leads to embarrassing situations, causing significant discomfort and even violating dignity. Moreover, remaining in a state of undesirable discrepancy between the registered gender and the perceived gender may also result in psychological and health problems and expose the Plaintiff to unequal treatment,” it was further written.
The Human Rights Ombudsman reminded that “the human rights protection system provides transgender people with the right to gender recognition.” “The right of a transgender person to function in accordance with his or her gender identity is therefore a fundamental personal right, constituting an element of the right to respect for private and family life guaranteed in Article 47 of the Constitution, as well as the norms of international law binding on Poland, including Article 8 of the European Convention on Rights Human”.
The Ombudsman stated that “the implementation of this right by enabling transgender people to agree on their registered gender (i.e. make appropriate changes to the gender designation on the birth certificate and identity documents so that they are consistent with their perceived gender) is therefore a positive obligation of the state.”
“I have never waited to lose like this”
The gender determination case is currently stuck in court. As Mrs. Agata, Florian’s mother, explains in an interview with tvn24.pl, even the date of the next meeting is not known yet.
– This is due to the fact that the expert opinions requested by the court have not yet reached the court. This does not bode well for the quick completion of the process, because the deadline for submitting these opinions has long passed. Only after the counsel’s intervention did the court politely ask the experts when the documents would be sent, says Ms. Agata. He adds that “in the case of people like Florian, each day of delay is another day of real problems that Florian faces in life.”
SEE THE MATERIAL OF “FACTS” TVN: The Polish state forces transgender people to sue their parents. They are stigmatized in the room
– I hope that this verdict will be passed quickly. I’ve never wanted to lose so badly and I’ve never waited to lose like I do now. I really hope that the accession of the Office of the Ombudsman to the case will help in a positive, i.e. as quick as possible, resolution for Florian – noted the 20-year-old’s mother.
Florian himself has a similar hope. In an interview with us, he admits that thanks to the presence of a representative of the Ombudsman’s Office at the hearing, the court “will take into account that the case is being watched over.” – For me, this is a great security, this commitment gives me a sense of security – he admits.
We ask Florian if he would agree with the Ombudsman’s words that for transgender people “the need to use identity documents indicating the gender assigned at birth” leads to discomfort on a daily basis. – Absolutely, but these are too mild words. There were no words in this statement about exposure to violence. For example, I was in a situation while traveling by train when I had to explain to the conductor in front of other passengers that the document I was using was mine. I heard accusations that I stole it, Florian reports.
He emphasizes that his mother fights for him “like a lioness” before the justice system. – I feel like my mother shouldn’t be involved in this case at all. This is not due to her mistake or fault, but this is the current legal way – someone has to be sued – explains Florian.
Piotr Jacoń on the involvement of the Commissioner for Human Rights: it provides institutional support
Piotr Jacoń, author of the report “Everything about my country”, believes that the involvement of the Commissioner for Human Rights in this matter is “very important” because “it gives institutional support to Florian, who has to face the institution of the state.” – The fact that Florek is not alone in his fight against the institution of the state is extremely important. And it all started with this material – he emphasizes. – To some extent, that’s what this reportage was for. I made it so that Florek wouldn’t be alone. Now he is not alone, there is institutional support. I feel like I’m doing my job to some extent, he adds.
Main photo source: TVN24