TGEU Countries: Hungary Interview with Bea Bodrogi Lawyer working with TV I n Hungary, it is possible for individuals to change their name and gender, but • Gender identity and information regarding the change of Structural and institutional violence only document issued is the new birth certificate (which The Hungarian government introduced a practice for obviously only contains the new name and new gen- legal gender recognition in 2003 and has promised der without any reference to the individual’s previous to enact proper legislation and clinical guidelines for status). The processing of the new document is often trans-specific healthcare. According to the practice, delayed, and there is also always a delay when the appli- transgender persons are able to have their legal gender cation is denied. Indeed, when an application is denied, recognised (only male or female) by means of a non-leg- no reasons are provided, and the applicant receives only islated procedure for the changing of one’s name and a statement informing them of the outcome. No data is gender and name are not mentioned in the Hungarian Data legal gender at the same time. Thus, official documents publicly available on any of the cases. there is no specific legal regulation for the process. Protection Act as special data. Therefore, individuals’ change can be changed to match one’s gender identity. No com- In many respects, the existing process does not comply with in- of gender is shown on official documents and correspondence. pulsory medical or surgical intervention, including ster- Trans people who are underage, foreign, refugees or ternational human-rights recommendations and standards. The In one particular case, the court sent a formal letter to the ilisation, is required for legal gender recognition, but a married cannot change their documents. Although process is not transparent, accessible and quick, it is often arbi- person concerned, putting their new name and, in brackets, mental-health diagnosis must be obtained. The most there is no legislation banning changing one’s gender for trary and it does not take into account the international recom- the previous name. This lack of protection of personal data significant barrier in the process is that most of the ex- people who are underage, foreigners or refugees, during mendations for self-determination. can lead to shaming and even bullying. perts refuse to diagnose trans people, and the few who the project period in one case a refugee and in two cases are willing to do so do it for money and are based in the minors were not permitted to change their legal gender capital. For those individuals who do not have the finan- and were also denied access to healthcare treatment often not able to change their school diplomas, or the edu- cial means to travel and pay for the service, it can be because of their age or nationality. cational institutions do not classify the change of name and very difficult to get a diagnosis. Most of the individual complaints are related to these problems: • The ministry responsible for legal gender recognition • Also because of the lack of legal regulations, individuals are arbitrarily changes the requirements without providing gender as special personal data. This also leads to humiliation information. According to the applicants, they initiate legal and sometimes harassment. Article XV of the Fundamental Law, which pertains to A trans person who applies for a rectification of their equality,5 lacks reference to gender identity, although, recorded sex must be unmarried and not in a civil regis- since the list of grounds is non-exhaustive, this element the conditions. There is a complainant whose legal gen- My personal experience is that individual trans people’s lack of tered partnership. This entails mandatory divorce if the should in principle be covered. At the same time, Hun- der-recognition process has been on-going for more than six legal awareness is based not only on a lack of information, but person is already married. No change of one’s first name gary’s non-discrimination legislation,6 from 2003 explic- months because of these problems. also on their fear of being defenceless and humiliated. It is there- is possible without also changing one’s gender marker, itly includes gender identity but not gender expression fore important that individuals should not act and stand up for and vice versa, based on the law on registries, which re- among the prohibited grounds. Furthermore, there is no their rights on their own. Instead, the organisation should pro- quires a person’s first name to match their gender iden- action plan in place to combat homophobia and trans- tioning time, the applicants become vulnerable in all aspects vide support and assistance (with the assistance of a lawyer or a tity. No government website provides information on phobia in all areas of everyday life, including education, of their life (family environment, working life, etc.), and paralegal person) in their cases. the process, and the information has never been made employment and healthcare. proceedings because of the uncertain and changing nature of • Because of the protracted process and the prolonged transivulnerability often leads to harassment. A typical example is publicly available. The Equal Treatment Authority7 is a quasi-judicial equal- bullying at the workplace. + 36 + Whether an application for a change of name and gen- ity body in Hungary. It is an independent administrative der marker is approved or denied, it is not clear who organization that was created to receive and deal with made the decision. In the case of a positive outcome, the individual and public complaints on unequal treatment + 37 +