The Assembly,

1. Considering that transsexualism is a syndrome characterised by a dual personality, one physical, the other psychological, together with such a profound conviction of belonging to the other sex that the transsexual person is prompted to ask for the corresponding bodily "correction" to be made;
   
   
2. Considering that modern medical progress, and in particular recourse to sexual conversion surgery, enable transsexuals to be given the appearance and, to a great extent, the characteristics of the sex opposite to that which appears on their birth certificate;
   
   
3. Observing that this treatment is of a nature to bring the physical sex and the psychological sex into harmony with one another, and so give such persons a sexual identity which, moreover, constitutes a decisive feature of their personality;
   
   
4. Believing that account of the changes brought about should be taken in the transsexual's civil status records by adding such details to the original record so as to update the data concerning sex in the birth certificate and identity papers, and by authorising a subsequent change of forename;
   
   
5. Considering that a refusal of such amendment of the civil status papers exposes persons in this situation to the risk of being obliged to reveal to numerous people the reasons for the discrepancy between their physical appearance and legal status;
   
   
6. Noting that transsexualism raises relatively new and complex questions to which states are called upon to find answers compatible with respect for human rights;
   
   
7. Observing that, in the absence of specific rules, transsexuals are often the victims of discrimination and violation of their private life;
   
   
8. Considering, furthermore, that the legislation of many member states is seriously deficient in this area, and does not permit transsexuals, particularly those who have undergone an operation, to have civil status amendments made to take account of their appearance, external morphology, psychology and social behaviour;
   
   
9. Considering the case-law of the European Commission and Court of Human Rights;
   
   
10. Referring to the resolution which the European Parliament adopted on 12 September 1989, in which, among other things, it called on the Council of Europe to enact a convention for the protection of transsexuals;
    
    
11. Recommends that the Committee of Ministers draw up a recommendation inviting member states to introduce legislation whereby, in the case of irreversible transsexualism:
    
    
    • (a) the reference to the sex of the person concerned is to be rectified in the register of births and in the identity papers;
      
      
    • (b) a change of forename is to be authorised;
      
      
    • (c) the person's private life is to be protected;
      
      
    • (d) all discrimination in the enjoyment of fundamental rights and freedoms is prohibited in accordance with Article 14 of the European Convention on Human Rights.

The European Parliament,

• having regard to Petition Nos 16/84 and 229/87,
  
  
• having regard to the joint declaration by the European Parliament, the Council and the Commission on human rights of 27 April 1977 (OJ No C103, 27.4.1977, p.1),
  
  
• having regard to the commitment made in the preamble to the Single European Act (OJ No L169, 29.6.1987, p.1) to promote the fundamental rights recognised in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter, notably freedom, equality and social justice,
  
  
• having regard to the European Parliament's resolution of 29 October 1982 (OJ No C304, 22.11.1982, p.253) on legal measures to improve the protection of fundamental rights in the EC,
  
  
• having regard to its resolution on sexual discrimination at the workplace (OJ No C104, 16.4.1984, p.46),
  
  
• having regard to its resolution on violence against women (OJ No C176, 14.7.1986, p.52),
  
  
• having regard to the report of the Committee on Petitions (Doc. A3-16/89),
  
  
• A. Whereas the procedure for transsexuals to change sex is still not available or regulated in all Member States of the Community, and the costs involved are not reimbursed by the health insurance institutions,
  
  
• B. regretting that transsexuals everywhere are still discriminated against, marginalised and sometimes even criminalised,
  
  
• C. aware that the unemployment rate among transsexuals undergoing a change of sex is between 60 and 80 %,
  
  
• D. whereas transsexuality is a psychological and medical problem, but also a problem of a society which is incapable of coming to terms with a change in the roles of the sexes laid down by its culture,

1. Believes that human dignity and personal rights must include the right to live according to one's sexual identity;
   
   
2. Calls on the Member States to enact provisions on transsexuals' right to change sex by endocrinological, plastic surgery, and cosmetic treatment, on the procedure, and banning discrimination against them;

   The procedure should offer the following possibilities as a minimum:
   
   

   • (a) psychiatric/psychotherapeutic differential diagnosis of transsexualism, by way of help with self-diagnosis,
     
     
   • (b) a consultation period; psychotherapeutic assistance and support; information on the change of sex; medical examinations,
     
     
   • (c) hormone treatment combined with a trial in everyday life, i.e. living the role of the new sex for at least one year,
     
     
   • (d) surgery after approval by a board of experts consisting of a medical specialist, psychotherapist and, possibly, a representative nominated by the person concerned,
     
     
   • (e) legal recognition; change of first name; change of sex on birth certificates and identity documents,
     
     
   • (f) psychotherapeutic and medical aftercare;
   
   
   
3. Calls on the Council of Europe to enact a convention for the protection of transsexuals;
   
   
4. Calls on the Member States to ensure that the cost of psychological, endocrinological, plastic surgical and cosmetic treatment of transsexuals is reimbursed by the health insurance institutions;
   
   
5. Calls on the Member States to grant public assistance to transsexuals who have through no fault of their own lost their jobs and/or accommodation because of the sexual adaptation;
   
   
6. Calls on the Member States to set up advice centres for transsexuals and to give financial support for self-help organisations;
   
   
7. Calls on the Member States to disseminate information on the problems of transsexuals, especially among the staff of their social services, police, frontier authorities, registration offices, military authorities and prison services;
   
   
8. Calls on the Commission, the Council and the Member States to make it clear that Community directives governing the equality of men and women at the workplace also outlaw discrimination against transsexuals;
   
   
9. Calls on the Commission, the Council and the Member States to devise identity documents which could be recognised throughout the Community and in which, where applicable, the holder's transsexuality could be indicated during the period of sexual adaptation if so requested;
   
   
10. Calls on the Council and the Member States, when harmonising the right of asylum, to recognise persecution on the grounds of transsexuality as grounds for asylum;
    
    
11. Calls on the Commission to make funds available under its aid programmes for further study of transsexuality in the medical field;
    
    
12. Calls on the Commission to urge the Member States to adopt special measures to find employment for transsexuals;
    
    
13. Calls for the setting-up of an office at the Commission to which cases of discrimination may be reported;
    
    
14. Instructs its President to forward this resolution to the Commission, the Council, the governments and parliaments of the Member States and the Council of Europe.