In the Romanian courts, there are more and more requests from people who ask to change the gender entered in the civil status documents, the first name and the personal numerical code, so that there is no indication that these data have been replaced.
The court ordered the issuance of a new birth certificate Photo: Arhivă Adevărul
It is also the case of a person from Brăila, who, although born a woman, claimed in his application, addressed to the Bucharest District Court 6, that he identifies himself as “strong and persistent” with the male sex, feelings and manifestations that appeared during childhood and have been maintained until now.
The woman was diagnosed with gender dysphoria or gender identity disorder, her identity not matching the sex assigned at birth. In addition, he underwent several treatments to become a man, including a breast removal procedure.
“He has been psychologically and psychiatrically evaluated several times in recent years, receiving several diagnoses that revealed that he identifies deeply with the male sex, then starting hormone treatment with testosterone, which he is still on today, which led to thickening of the voice and cessation of the menstrual cycle, but also to a slight increase in body hair”, as shown in the file.
Following these changes, its appearance is totally different from the one mentioned in the documents.
Brailence's request is also motivated by the fact that “civil status documents must reflect reality, as in many situations he was discriminated against because his external appearance does not correspond to the data in his identity documents“.
The court took into account the judgment of the ECtHR
On February 21, 2024, the 6th District Court approved the change of the mention of the gender registered in the civil status documents, from female to male, and the issuance of a new birth certificate attesting to this.
In Romania, it was foreseen that the modification of the civil status documents should be done, as a mandatory step, only after the surgical intervention on the genital organs.
But in 2021, the European Court of Human Rights decided that Romania was guilty of violating the right to private life because, in the case of two transgender people, it refused to grant them their new gender identity in the absence of evidence that they had proceeded to sex change operation, although there is no legal framework for this requirement.
The Court held that “there was a violation of Article 8 of the ECHR due to the absence of a clear and predictable procedure for the legal recognition of gender identity that would allow the change of gender, and thus the name and personal numerical code, in official documents, in a rapid manner , transparent and accessible; – the refusal of the national authorities to recognize the male identity of the applicants due to the lack of sex change operation led to breaking the fair balance that the state must maintain between the general interest and the interests of the applicants“.
The court's decision
Taking these provisions into account, the District Court of Bucharest 6 admitted the summons request and ordered the change of the mention regarding the sex registered in the civil status documents.
“Orders the defendant, the Brăila Local Community Public Service for the Registration of Persons, to make the necessary entries in the civil status register so that the plaintiff's first name is …, the personal numerical code is one belonging to the male gender, and the gender is male. Orders the defendant, the Brăila Local Community Public Service for the Registration of Persons, to issue to the plaintiff a new birth certificate certifying the male gender, the first name… and the personal numerical code related to the male gender, without any indication of a change in the mentioned gender, the applicant's first name and personal numerical code“, it is stated in the court decision.
The court's decision is not final, it can be appealed.
A psychologist warns: “Not all trends are actually cool”
About this situation, the well-known psychologist Radu Leca states: “World modernism has no limit. And then an act that proves the defeat of the system generates joy“.
The psychologist also draws attention to people who claim to be gay, without being so, and the changes that occur around them.
“Sexual orientation? It's hip and cool to say you're gay. People online suddenly become nice to you. Haters are really cute when it comes to you admitting you're gay. There are two questions that arise from accessing this trend: “How can you preserve his psycho-emotional integrity, post official recognition that you are gay, you not being gay?” and «What are the clear social advantages that arise from public recognition of LGBTQ+ membership?», raises the issue of Leca.
The psychologist shows that this trap is serious primarily for the one who builds it. “Psychologically, the transformations of a person who does not have LGBTQ+ inclinations, but who affirms that they do, are countless, and emotional disturbances appear strongly. Anxiety and depression destroy self-confidence, and changes in the social attitude of old and new friends lead to addiction to the new false image. Not all trends are actually cool”, concludes Radu Leca.
