TRANSGENDER STERILIZATION LAWS LOOM OVER MODERN CZECH REPUBLIC

Originally written as part of Transitions Online "Going on Assignment in Prague" summer 2019 intensive.

The Czech Republic has seen countless political and social reforms over the past thirty years and has grown into its own identity.

Many transgender Czechs, however, are still struggling to define their own.

According to Czech law, an individual that identifies as transgender cannot undergo hormone replacement surgery or change their legal name without a certificate from an approved sexologist. However, these steps do not allow one to be legally recognized as the gender they identify as, and with no other options, are forced to undergo gender confirmation surgery.

The procedure, despite being performed in countless other countries, has frequently come under fire in recent years for being a violation of human rights, as the Czech government requires compulsory sterilization to be concurrent with the operation.

Diana Young is a 56-year-old British activist who first moved to the Czech Republic in 1994. She is now married, has a 12-year-old daughter, and teaches History, Politics and Theory of Knowledge at the English College in Prague.

While Young has previously defined herself as a transgender woman and was actively involved in local women’s movements, she found she was attacked by transphobic remarks and was forced to leave the group. She now considers herself transsexual.

Despite the hardships she faces, Young opted to not undergo gender confirmation surgery.

In order to be eligible, citizens must first live for one year conforming to their preferred gender norms, as well as seek the approval of a panel of psychologists, doctors and lawyers.

But in Young’s case, the largest threat she faces is losing her family.

Czech law states that individuals who choose to undergo the surgery must legally divorce their spouses- and for Young, that is simply not an option.

“I would have to divorce my wife of 25 years. I will not have automatic access to my daughter and it may put my residence status in jeopardy,” Young explained.

“Czech law does not recognize same sex marriage and so once my sex has been changed my marriage no longer exists. One can say with some cause that the Czech law is anti-family.”

According to ILGA-Europe’s 2019 Rainbow Map, the Czech Republic falls considerably far behind its western European neighbours, with an equality index of 26.16 out of 100. Although largely attributed to the lack of marriage equality and constitutional protections against hate crimes targeted at members of the LGBTQ+ community, one of the largest issues is its laws surrounding the self-determination of transgender individuals-or lack, thereof.

Although commonly seen as one of the more progressive countries in the former Eastern Bloc, as Young explained, this misconception is widely accepted as the nation is “a secular island surrounded by a Catholic sea.”

“There is an interesting paradox with the Czech context,” Young stated, “because it appears to be one of the most liberal countries in Europe- on abortion, for example- but with regard to LGBT and trans issues, in particular, it is draconian and almost hostile”.

And following nearly 40 years of Stalinism, Czech citizens missed out on a variety of political and social movements, and the sentiment shows today. Young stated that many intellectuals in the country, even after the fall of communism, did not have what the west considers a “contemporary” understanding of concepts such as Marxist criticisms, gender, and feminism.

It is for this reason, Young believes, that little has been done to support members of the LGBTQ+ community.

“Transsexuals are treated as bodies to be fixed, and the law reflects this history. It is a sign of the insignificance of trans people in the wider society that nearly 30 years after the collapse of Stalinist rule, the laws remain unchanged and we remain marginalized.”

The hostile situation in the Czech Republic has not gone unnoticed.

Human Rights Watch argues that compulsory sterilization violates Article 11 of the European Social Charter. This states that individuals have “the right to protection of health”. And in a 2018 case from ILGA-Europe v. the Czech Republic, the European Committee of Social Rights came to an 11-2 conclusion that sterilization is a violation of Article 11.

Despite this victory, the Czech Republic has done little to change its policies, and compulsory sterilization is still apart of the narrative today.

“There should be uproar, but it is an indication of how low a priority trans rights have in this country,” Young said. “Elsewhere, many friends are still surprised that I need invasive surgery simply to change my name on my bank account.”

At present, there is little being done to advocate for adequate change. Organizations such as Trans*Parent support transgender people and their families through all stages of transition, but, like many others, have not been able to provide this support to their full capacity due to a lack of funding.

This leaves Czech citizens like Young in a difficult situation. Despite having her own psychiatrist, Young has found the lack of support has left a plethora of transgender and transsexual citizens feeling alone in the process.

Young explained that over the years, she has been forced to build up a survival technique to cope with the lack of support.

“Most of the general population is so bloody ignorant that they feel that leaving you alone is a form of support!” Young explained.

Unfortunately for now, those such as Young can only hope to see the day the Czech government recognizes her by the gender she identifies as.

“I think it’s an interesting context,” Young continued.

“I just wish the laws weren’t so hostile to my continued existence.”