A group of Lithuanian MPs submitted a draft law prohibiting persons from undergoing gender reassignment and receiving associated psychological therapy in Lithuania. No EU country prohibits gender reassignment surgery or hormonal therapy.

'Genetically determined intrinsic characteristic'

The draft law aims to amend an article of the Civil Code, introducing:

"1. A person's gender is a genetically determined intrinsic characteristic. The legal basis for recognition of a person’s gender (whether they’re male or female) is their genetic gender. 2. Pharmacological, surgical or psychiatric treatment to change the genetic sexual characteristics of a person (also known as “gender reassignment”) is prohibited in the Republic of Lithuania."

The accompanying explanatory document states that a person’s gender is determined by their sex chromosomes (XX or XY). As such, attempts to reassign a person's gender via medical means and change their designated gender in identity documents "may endanger the rights and freedoms of others, as well as undermine public morals" and public order – for example, parents would not be able to find out the gender of their child’s PE teacher, women would not feel safe in public toilets, etc.

The prohibition would prevent "harm to healthy persons and dispel any unwarranted expectations." Transsexuality is seen as a mental and behavioral disorder, requiring psychological and psychiatric measures in order for the person to "accept their nature as determined by genetics."

Response to a progressive draft law

These amendments were tabled after the Ministry of Justice submitted its own draft law on the recognition of sexual identity earlier this month. The latter would have enabled transgender individuals to change their gender, name and personal identification code in documents.

This draft law has received approval from the transgender community and human rights organisations. Currently, transgender individuals can only change their documents by going through the courts, as opposed to following regular administrative procedures.

In the 2007 case L v Lithuania, the European Court of Human Rights (ECtHR) ordered Lithuania to adopt laws regarding gender reassignment surgery, as the latter being outlawed contravenes the requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2017, the government of the Republic of Lithuania ordered the Ministry of Health and the Ministry of Justice to prepare legislation to enable gender reassignment in Lithuania. Now, ten years after the ECtHR judgment, we are still missing general regulations on gender reassignment.

Calls for decisive action

The draft law “prohibiting gender reassignment” does not rely on examples from other countries, expert evidence or the needs of the transgender persons.

Tomas Vytautas Raskevičius, the human rights policy coordinator of LGL (the Lithuanian Gay League – the national LGBT* rights organisation), said that "the transgender community and human rights NGOs are shocked by the attempt to ban both legal and medical gender reassignment procedures in Lithuania."

The draft law "goes against... the reality of transgender people", spreading "moral panic". He also called on politicians to take decisive steps in protecting all Lithuanian residents, "regardless of their sexual orientation or gender identity."