Keeping the Promise of Equality and Dignity for All: A Position Paper on Legal Gender Recognition in South Africa

This Position Paper was developed and published by Gender DynamiX (GDX) and the Legal Resources Centre (LRC). It outlines the organisations’ position on the right to legal gender recognition in South Africa. The paper advances a model of legal gender recognition based on self-determination enabling individuals in South Africa to have their gender legally recognised and reflected on identity documents based on a simple process of self-declaration. The model advanced here would include options for non-binary genders, as well as an option to omit gender markers completely in identity documents and in the identification number issued at birth registration.
This Position Paper demands a fast, efficient, accessible, cost-effective and non-discriminatory administrative procedure that respects the human rights of trans and gender diverse persons. It rejects all medical, psychosocial, marital or other requirements as preconditions for legal gender recognition. The Position Paper is situated within international human rights frameworks and best practices on the rights to gender identity and gender expression, particularly those set out in the Yogyakarta Principles (2007) and Yogyakarta Principles Plus 10 (2017).