UN Expert Raises Alarm Over Germany’s Gender Self-Determination Act, Warning of Risks to Women's Safety and Rights

UN Special Rapporteur Reem Alsalem urges Germany to protect women and girls from potential risks posed by Gender Self-Determination Act, citing concerns over privacy, abuse, and children’s well-being.

On October 31, 2024, Reem Alsalem, the UN Special Rapporteur on violence against women and girls, expressed serious concerns about Germany’s new Gender Self-Determination Act. The law, which will take full effect on November 1, 2024, allows individuals to change their legal sex based on self-identification alone, bypassing previous medical and judicial evaluations. The law aims to ease legal recognition processes for transgender individuals, but Alsalem warned it may have unintended consequences that infringe upon the rights and protections of women and girls, particularly those who have survived male violence.

“The Act risks jeopardizing the safety, privacy, and fundamental human rights of women and girls by removing essential safeguards and expanding access to single-sex spaces based on self-identification without judicial or medical review,” Alsalem stated.

She further argued that the removal of requirements for medical oversight or psychological assessment in the transition process could make the law susceptible to misuse by sexual predators or those with abusive intentions. “By eliminating these safeguards, Germany’s Act fails to protect women and girls who rely on single-sex spaces—like shelters, changing rooms, and bathrooms—where they are most vulnerable and in need of privacy,” she said.

A particular area of concern highlighted by Alsalem is the Act's restrictions on inquiring about or disclosing an individual’s former legal sex or name without their consent. “The ban on disclosure without consent may suppress freedom of expression and hinder critical conversations about gender identity, particularly when it comes to evaluating and protecting women's rights,” she warned.

Alsalem also noted the unique challenges the Act poses for children, with provisions allowing minors as young as 14 to change their legal gender and name with family court approval, even if their parents disagree. “This element of the law could lead to decisions that children may not fully understand due to their age, maturity, and the absence of required therapeutic guidance. This Act does not sufficiently account for the best interests of children, including their rights to health, identity preservation, and the need for informed decision-making,” Alsalem said.

The UN expert called for urgent action, urging Germany to implement additional safeguards to prevent misuse and ensure the preservation of single-sex spaces for women and girls as a priority. “Germany must take swift steps to address these concerns by reinforcing protections against abuse of the system and upholding spaces dedicated to the safety of women and girls,” she concluded.