TGEU Countries: Serbia Structural and institutional violence The lack of legal gender recognition is especially incon- hire a lawyer), this procedure is unsatisfactory because mal legal gender-recognition procedure is the lower so- The legal system in Serbia provides a certain degree of gruous, considering that the Belgrade team for gen- it provides legal gender recognition only to transsexual cio-economic status of trans people: the perceived dif- protection for trans people, but there is significant room der identity was formed 1989 and has been world-re- people, leaving people of other trans identities unpro- ference between an individual’s gender expression and for improvement. Especially relevant in this regard are nowned for its expertise in gender-confirmation surgery tected. Also, regardless of its unofficial character, mak- the data on their personal documents, together with the anti-discrimination law,1 which was adopted in 2009, for years, so much so that trans people from other coun- ing legal gender recognition depend on surgery means the high level of transphobia, makes legal employment and the inclusion of hate-crime provisions in the Crimi- tries come to Serbia for surgery. In the early years, the that sterilisation is obligatory. almost impossible. Employment is difficult for trans- nal Code in 2012.2 Also very importantly, however, there situation regarding gender-confirmation surgery was is no formal legal gender-recognition procedure. quite complicated, and trans people were subjected to There are two legal cases that are important for legal various forms of mistreatment from healthcare pro- gender recognition for transsexual people. According The anti-discrimination law recognises gender identity fessionals, including provisional and high surgery costs, to Decision UŽ-3238/2011 of the Constitutional Court After Gayten-LGBT’s research with trans people in as one of the bases for discrimination (Article 2). How- lack of post-surgical care and the negative attitudes of of the Republic of Serbia, which resulted from a com- 2012 and its participation in the working group found- ever, in the section on special cases of discrimination, surgeons towards post-op non-heterosexuals. In 2012, plaint from a trans person that the registrar had refused ed by the Commissioner for Equality Protection and sexual orientation is mentioned, but gender identity is the law on health insurance was amended to have 65 per to change data in documents due to incompetence, the the Ombudsman of the Republic of Serbia for the anal- not. It does, however, mention “sex change”. cent of the cost of surgical procedures for “sex changes” registrar is the only office responsible for entering and ysis of legislation of importance for transsexual people, covered by public health insurance. ln the same year, the changing an individual’s gender marker in personal doc- Gayten-LGBT presented a model law on gender identity Legislation was passed in 2012, and entered into force Republic Commission (for the treatment of transgen- uments. In the second case, the Commissioner for the in November 2013 and is currently advocating for its in early 2013, that made hate motives an aggravating der disorders) was established to regulate procedures Protection of Equality called for the urgent adoption adoption. The main aims of this model legislation are circumstance for certain crimes. Section 54a of the for gender-confirmation processes. Though the costs of an official procedure for legal gender recognition. legal gender recognition for trans people of all identities Criminal Code provides for a harsher penalty when a of surgery are still high, considering the average salary in The case involved the refusal of the Faculty of Law at and the protection of the rights of trans people in vari- crime has been committed based on hatred towards six Serbia and the difficult socio-economic situation of trans the University of Belgrade to issue a diploma to a trans ous areas, including employment, healthcare, marriage categories, including sex, sexual orientation and gender people, this amendment has made surgery more acces- person with a new name and gender marker. The Com- and family life. identity. However, the implementation of this section sible to transsexual people, and the guidelines of the missioner for the Protection of Equality found that this remains inadequate. Republic Commission have made the entire transition refusal constituted discrimination and required the Fac- process more transparent and predictable. ulty to issue the individual the diploma (number 202 3 Regarding legal gender recognition in Serbia, there is + 78 + sexual people before and during their transition, and for people of other trans identities for their whole lives. from 24 February 2012). no official legislative procedure to change one’s gender However, over the past 26 years, trans people have man- marker and personal name. The law enables everyone aged to change their name and gender marker through The absence of an efficient and transparent legal gen- over 15 years of age to change their personal name, but an unofficial procedure. After they have had their final der-recognition procedure has numerous consequenc- the registrar usually refuses to make the change if the surgery, trans people are given a medical document es for the everyday lives of trans people. In research new name is not consistent with the person’s gender stating that their “sex has been changed”. With this cer- conducted in 2012 in cooperation with Gayten-LGBT,4 marker. The ability to change one’s gender marker on tificate, they can ask the registrar to change those data the majority of respondents identified the administra- demand is not regulated by law. in their personal documentation. Besides being unoffi- tive difficulties involved in having one’s gender marker cial, uncertain (everything depends on the good will of changed as an area in which change is most urgently the registrar) and often quite costly (due to the need to needed. A direct consequence of the absence of a for- Presentation of the model law on gender identity + 79 +