TRANSGENDER NAME CHANGES:

Abstract no.
TRANSGENDER NAME CHANGES:
THE SIGNIFICANT IMPACT OF JUDICIAL RECOGNITION OF
NAME CHANGES FOR TRANSGENDER PEOPLE FOR
SOCIAL INCLUSION. GENDER IDENTIFICATION BEYOND
BIOLOGICAL SEX GENDER
Karen Schwach – SOS Dignity
www.aids2012.org
Washington D.C., USA, 22-27 July 2012
Background
Brazil’s transgender individuals (travestis and
transsexuals) are the country’s single most
marginalized and vulnerable social group.
SOS Dignity, aware of the importance of the
name for self-esteem and assumption of
legal and social right, SOS DIGNITY’s
mission is to provide legal representation in
name change court applications (known as
Lawsuit for Rectification of Civil Registry to
change Social Name).
As a simple example of the importance of the
name, many transgender people affirm that,
having to bear a name which is not
consistent with assumed social appearance,
results in problems as mundane as not being
allowed to use credit cards because
salespersons refuse to accept the
cardholder’s identity, resulting in the
individual being treated as a criminal. How
can an individual live and function in society
without being able to use a credit card?
change applications, defending the right to a
name as a basic human right, promotes
justice and contributes to process of creating
unprecedented legal precedent for a better
future of humanity.
SOS Dignity’s name change lawsuits have
created a critical mass of unique research
material demonstrating the impact of the
name the self-esteem beyond all
expectations. A simple legal procedure is
capable of transforming the world as we
know it.
www.aids2012.org
Washington D.C., USA, 22-27 July 2012
Methods
Success is measured by favorable
judicial decisions and positive
feedback from clients.
The Lawsuit for Rectification of Civil
Registry to change Social Name
involves the following procedure:
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Period analyzed: January 2009 – July
2012
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Individuals represented in change social
name lawsuits: 51
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Judicial decisions: 36 (70%)
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Successful applications: 36 (100%
success)
Cases pending: 15 (30%)
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FTM (female to male) individuals: 6
(12%)
MTF (male to female) individuals: 45
(88%)
1.
Instructions are taken at the legal clinic run by SOS
Dignity within the Sao Paulo State Integral Health Clinic
for Travestis and Transsexuals in a partnership
agreement with the Sao Paulo State STD/AIDS
Program, where the client is informed of the documents
required.
2.
The self-recognition and empowerment process starts
at this initial consultation where the client is advised as
to their rights under Brazilian law and also by helping
them to organize the documentation. The client is
required to organized his/her own documents and
deliver them to SOS Dignity’s lawyer. Assistance is
given when necessary. However, the responsibility is
the client’s and this responsibility becomes the first step
to inclusion in society.
3.
When all the documents are organized a second
consultation is arranged during the following week.
4.
At this consultation, the documentation is checked and
the writ finalized.
5.
Filing of the Writ.
6.
6Within a maximum period of 6 months, a Court Order
is made to change the name on the birth certificate. To
date no appeal has been lodged by the State Attorney
against SOS Dignity’s name change applications.
www.aids2012.org
Washington D.C., USA, 22-27 July 2012
Results
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Health workers at the Sao Paulo State
STD/AIDS Program have noted a
significant reduction in interest and anxiety
in relation to gender reassignment among
individuals whose names have been
changed. It follows that changing a
transgender person’s name to conform to
his/her personality constitutes recognition
and acceptance by these individuals of
their place in society. Gender
reassignment surgery ceases to be
perceived as the sole mode of social
inclusion.
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www.aids2012.org
Moreover, health workers have received
reports of increased continuity in
attendance in educational institutions and
increased insertion in the labor market,
thereby offering an alternative to sex
professionals seeking another profession.
Insofar as it impacts positively on selfesteem, the official recognition of the
transgender person’s social name
contributes both to HIV prevention and to
adhesion to HIV treatment.
Washington D.C., USA, 22-27 July 2012
Conclusion
Human rights will become a reality only when we finally achieve the conscience of the importance of the selfesteem and recognition of the individual’s personality for the free development of a new kind of individual
character.
The old concept of the gender classification of human beings in accordance with their biological sex have never
been able to include the variety of humans, such as intersex or transgender. Permitting legal name change to
reflect the diversity of gender identity and personality promotes the achievement of a peaceful and productive
diversified society.
All the transgender judicial decisions considered human personality fundamental to the attainment of human
dignity. SOS Dignity is contributing to the humanisation of the Brazilian Justice System. This in itself
demonstrates the importance of transgender people in our society.
The transgender judicial decisions can be found at the Sao Paulo State Centre Court website.
Bibliografy:
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Acknowledgments:
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I would like to thank Barry Michael Wolfe for the importance he has
had in my life. Without his mentoring, I would still be searching for
my role in the legal profession. I would like to thank my family for
being there with me and for me. My thanks to Dr. Guilherme
Madeira, Judge at the 2th Central Public Registry Court at São
Paulo, SP, for his human conscience and for promoting true
justice. Thanks to Marta Mc Britton for her constant support and
guidance.
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www.aids2012.org
Washington D.C., USA, 22-27 July 2012