The right to update identity documents according to any person's gender identity and expression.
The legal recognition of gender identity also entails the right to update identity documents according to one's identity and gender expression. In short, it is the right to legally change names and update gender markers in documents such as identity card, passport, tax code, driving license, school certificates.
The right to have one's personal data changed in all documents, including, for example, property deeds, employment contracts, and telephone bills, meets two needs:
In short, no person is forced to come out about their transition because this is sensitive data. Unfortunately, very often there are situations in which coming out is almost imposed by circumstances (think, for example, of the gesture of showing an ID that does not correspond to one’s physical appearance. This is, in fact, a kind of coming out without the express will of the person).
On the right to update documents, it is also important to know that with the court order authorizing gender update one is entitled to have the legal name and gender marker (F or M) changed on any piece of identification.
In fact, after the change of the name and gender marker update, there must be no “trace” of the former gender and name – defined deadname – to protect the privacy and future inclusion of the transgender person in the social and work environment. (An exception is the birth certificate where the name authorized by the court order is materially seen and transcribed only by public officials held to strict confidentiality).
However, do note that for some specific documents, you may find difficulties in obtaining the update.
Some concrete examples:
Although there may be challenges, it is important to know that:
Updating one's records as a result of a gender transition and a court order is always a right.