January 2020 — Position Paper in Response to the Alteration of Sex Description and Sex Status Act (Act 49 of 2003), South Africa
In response to the Alteration of Sex Description and Sex Status Act (Act 49 of 2003), Gender DynamiX (GDX) published a Position Paper in January 2028, titled “Keeping the Promise of Dignity and Freedom for All: A Position Paper on Legal Gender Recognition in South Africa“. The Position Paper was published against the backdrop of the World Health Organization (WHO)’s 18 June 2018 confirmation of the depathologisation of trans identities in the International Classification of Diseases, Eleventh Revision (ICD- 11). Trans and gender diverse identities are no longer classified as psychological disorders, and access to gender affirming health care is provided for in terms of the ICD-11 Chapter on conditions related to sexual health.
The Position Paper points out the shortcoming of the Act and provides recommendations for future government discussions.
Key Focus of the Position Paper
- Self-Determination Model: It advocates for a legal gender recognition system based on simple self-declaration rather than medical, psychosocial, marital, or judicial requirements.
- Reforming Act 49 of 2003: It critiques the existing Alteration of Sex Description and Sex Status Act 49 of 2003, arguing that current requirements create indignity, inequality, and barriers for transgender and gender-diverse persons.
- Inclusion: It calls for options to reflect non-binary identities or completely omit gender markers from identity documents and birth registration numbers.
- Protection Against Forced Divorce: It highlights how current laws often force married transgender individuals to divorce before updating their legal gender.
- Broad Scope: The framework extends protections and recognition to South African citizens as well as refugees, asylum seekers, and foreign nationals living permanently in the country.
Read more about the Act and the Parliamentary hearings about its alteration.
