HFHR’s statement regarding the Polish President’s veto against the Sex Reassignment Act

Following the Polish President’s decline to sign the Sex Reassignment Act, the HFHR has issued its statement on that matter, and the justification of the Presidential decision which also raised HFHR’s doubts. In its statement, HFHR emphasised that the sex recognition procedure implemented by the bill and the effects of the procedure set out therein were in line with the international standards. Up until now, the principles of sex recognition have only been determined by the case law and were not defect-free.

“With the rejection of the bill, the sex recognition procedure will continue to be unsuited to the specific nature of those issues (e.g. the need to sue parents), without clearly defined effects of the procedure and under conditions of uncertainty as to its course”, reads the statement.

“The need to adopt the Sex Reassignment Act is laid down in the case law of the European Court of Human Rights, among other things, and has been underlined by the scientific community as well. The bill complies with the transgender people’s right to have their identity and dignity protected”, says Dr Dorota Pudzianowska, a lawyer of HFHR.

“Failure to enact the bill does not solve the issues highlighted by the President either; they will exist whether or not this bill is made into law as they result from the fact that there is a very small group of people who experience a mismatch between their gender identity and the one shown on their birth records”, adds Dr Dorota Pudzianowska.

The Sejm was to deal with the veto this past Friday. Although both the Health Committee and the Justice Committee recommended rejecting the Presidential veto, there was no voting on that matter because the committees were unable to select the rapporteur. As a result, the Sex Reassignment Act will not be adopted by the Sejm during this term of office.