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Sweden Enacts Legislation to Reduce Legal Gender Change Age from 18 to 16

In April 2024, the Swedish parliament approved a law that decreases the minimum age for legally changing one's gender from 18 to 16 and facilitates access to surgical procedures.

The measure garnered 234 votes in favour and 94 against in Sweden's 349-seat legislature.

Having been the first nation to implement legal gender reassignment in 1972, Sweden's new proposal aims to promote self-identification and simplify the transition process, igniting a robust debate across the country.

The centre-right alliance led by Prime Minister Ulf Kristersson exhibited divisions on this issue, with his Moderates and Liberals largely supporting the legislation, in contrast to the smaller Christian Democrats who opposed it. The Sweden Democrats, a populist party with far-right origins that backs the government in parliament but is not part of it, also voiced their opposition.

"The vast majority of Swedes may not notice the change in law, but for many transgender individuals, this new legislation makes a significant and meaningful difference," stated Johan Hultberg, a member of parliament from the ruling conservative Moderate party.

In addition to lowering the legal age, the recent laws aim to streamline the process for individuals wishing to change their gender legally.

"The existing process is excessively lengthy, often taking up to seven years for an individual in Sweden to officially change their gender," noted Peter Sidlund Ponkala, president of the Swedish Federation for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Rights (RFSL), in a statement to AFP.

Two new laws are set to take effect on July 1, 2025: one governing surgical gender transition procedures and another outlining the administrative process for changing one's legal gender in official records.

Individuals will be permitted to alter their legal gender at 16, though those under 18 must obtain consent from their parents, a medical professional, and the National Board of Health and Welfare.

A diagnosis of "gender dysphoria," which describes the distress some individuals experience due to the incongruence between their biological sex and their identified gender, will no longer be mandatory.

Surgical transitions can commence at age 18 without needing approval from the board, while the removal of ovaries or testes will still be restricted to individuals aged 23 and older, consistent with current regulations.

Countries like Denmark, Norway, Finland, and Spain have already enacted comparable laws.

Just last Friday, German lawmakers passed similar legislation, which simplifies the process for transgender, intersex, and non-binary individuals to change their names and gender in official records directly through registration offices.

In 2022, the Scottish Parliament enacted a law enabling individuals aged 16 and above to change their gender designation on identity documents through self-declaration; however, this has encountered opposition from the British government, a decision that was upheld by Scotland's highest civil court in December.

This legislation distinctly sets Scotland apart from the rest of the UK, where the minimum age for legal gender change remains 18 and a medical diagnosis is obligatory.

In 2022, Swedish authorities called for caution by suspending hormone therapy for minors, permitting it only in exceptional cases, and limiting mastectomies for teenage girls wishing to transition to controlled research environments.

Sweden has experienced a dramatic surge in gender dysphoria cases, especially among females aged 13 to 17, with a reported increase of 1,500% since 2008, according to the Board of Health and Welfare.

Although Sweden has a long history of tolerance toward gender transition, political parties have revealed significant internal divisions concerning the new proposal.

Recent polling indicates that nearly 60% of Swedes oppose the legislation, while only 22% support it.

Reflecting the passionate sentiments surrounding the proposal, members of parliament engaged in a six-hour debate on the matter.

Reference:
  • The Guardian


Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565

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