UN Expert Raises Concerns Over Germany’s Gender Self-Determination Act

On Wednesday, October 30th, Reem Alsalem, the UN Special Rapporteur on violence against women and girls, expressed concerns about Germany’s upcoming Gender Self-Determination Act. Scheduled to take effect on November 1, 2024, the Act enables individuals to change their legal sex through self-identification, eliminating the previous medical or court approval requirements.

While intended to support transgender rights, Alsalem cautioned that the law might impact the safety and privacy of women and girls in single-sex spaces, such as shelters and restrooms. “The Gender Self-Determination Act lacks the needed safeguards to prevent abuse of the process by sexual predators and other perpetrators of abuse and violence,” she stated. Alsalem emphasized that the Act’s treatment of gender identity and sex could lead to challenges for female victims of violence, who might feel re-traumatized or compelled to self-exclude if sharing spaces with individuals who were assigned male at birth.

A further area of concern involves provisions allowing minors as young as 14 to change their legal gender and name, even against parental advice, if approved by a family court. Alsalem warned that the removal of prior therapeutic requirements might lead young teens to make life-changing decisions without fully understanding the long-term implications. “The Act fails to safeguard the best interests of children, particularly girls,” she added.

In response, Alsalem urged Germany to address these concerns by adding protections to prevent potential misuse and ensuring that single-sex spaces remain safe for women and girls. The Special Rapporteur brought these concerns to the attention of the German government and received a written response.