TransFormA announcement

The European Commission on Racism and Intolerance (ECRI) in the report from the sixth monitoring cycle of North Macedonia requested the implementation of the judgment of the International Court of Justice against Macedonia, i.e. the adoption of the amendments to the Law on Civil Registry that allow transgender people to change their gender and civil registration number in a fast, accessible and transparent procedure. The report states that “The authorities informed ECRI that, in 2019, the Ministry of Justice established a working group to monitor the ECtHR ruling. In April 2021, the government proposed amendments to the Civil Registry Law to, among other things, address the gaps highlighted by the ECtHR. However, in March 2022, the government withdrew the amendments from parliament for further editing. In May 2022, the Ministry of Justice commissioned the same working group to prepare a new Law on Civil Registry, again with the aim of regulating the procedure for legal gender recognition in accordance with the ECtHR ruling. ECRI was informed by the authorities that the relevant non-governmental organizations are involved in this process. According to the information received from the authorities, the new law should provide that medical certificates will not be required to change the gender in the records in the registers, but that all persons over 18 who are not married, could request legal recognition of gender- change through a simple statement that is notarized.” At the same time, the authorities informed ECRI that the new draft law on civil registry is planned to be sent to the Parliament in mid-2023.

Regarding the rights of intersex people, “according to EKRI information, a hospital in Skopje performs operations for “gender normalization” of intersex children, with the consent of the parents, if it is confirmed that they are medically necessary. ECRN strongly encourages the authorities to take action, including at the legislative level, to ensure that only medically necessary surgery is performed on intersex children.”

While before EKRI the authorities undertake to implement the judgment of the ICJ against Macedonia and enable legal recognition of the gender, they distance themselves from this issue before the domestic public. After the withdrawal of the law from the parliamentary procedure in a non-transparent manner and without any reasons, amendments were made to this law which did not include the chapter on legal summoning of the family. Instead of implementing the verdict, respecting international obligations and building an equal society for all, the authorities are acting according to the will of the popes who are now dictating the agenda for human rights and gender equality.

Skopje, 6 October 2023

Contact person:

Lila Milic

milikjlila1984@gmail.com