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TheGender Recognition Act (Norwegian:Lov om endring av juridisk kjønn) was adopted by the Norwegian parliament, theStorting, on 6 June 2016, was promulgated by theKing-in-Council on 17 June and took effect on 1 July 2016.[1][2] Under the act citizens may change their legal gender by notification to the National Population Register. The act was proposed by theConservative-ledgovernment ofErna Solberg and received multi-partisan support from over 85% of all voting MPs representing parties ranging from the conservatives to the left-socialists. It was welcomed by the LGBTIQ+ organizations, the feminist movement and human rights experts as a milestone for LGBTIQ+ rights, bringing Norway in line with international best practice in this area underinternational human rights law.
Under the act every citizen over the age of 16, the age of consent in Norway, may change their legal gender[a] by notification to the National Population Register via an electronic form. Changing the legal gender has the same legal effect as being assigned a gender at birth, and Norwegian authorities do not record a person's former gender identification in official documents or in the National Population Register. Those between the ages of 6 and 16 may only change their legal gender with the consent of all their legal guardians, in most cases both parents. If only one parent consents, the child may only change their legal gender with the approval of the responsibleCounty Governor, if the Governor determines that the application by the child and one of their parents is in the best interest of the child.[3] While the notification to the National Population Register itself is a straightforward procedure, those who change their gender are assigned a new Norwegian identification number corresponding to the gender in question, as identification numbers identity a person's gender, making the entire process of changing legal gender much more cumbersome, as all personal documents and forms of identification (e.g. BankID) need to be changed separately. Changing legal gender will therefore usually take significant time and effort, as the effect is that the old identity and identification number cease to exist; thus a person will need to apply for new personal documents and reestablish their identity with a number of services.[4][5]
The act was proposed by theConservative-ledgovernment ofErna Solberg and received multi-partisan support; it was supported by 79 members of parliament representing theConservative Party, theLabour Party, theProgress Party, theLiberal Party, theSocialist Left Party and theGreen Party, and opposed by 13 members of parliament mostly representing theChristian Party and the agrarianCentre Party.[1] It has been described as a breakthrough forLGBTIQ+ rights in Norway, making Norway the fourth country to adopt such a law, followingDenmark,Malta andIreland.[6] It was supported by LGBTIQ+ rights organizations such as theNorwegian Organisation for Sexual and Gender Diversity, byAmnesty International[7] and by the feminist movement, notably by theNorwegian Association for Women's Rights and theNorwegian Women's Lobby.[8][9]Anne Hellum, a law professor and member of theNorwegian Association for Women's Rights, said the act was necessary for Norway to meet its legal obligations under human rights law and anti-discrimination law, as the previous system discriminated against and violated the human rights of transgender people.[10]
Under the Equality and Anti-Discrimination Act and the Norwegian Penal Codediscrimination andhate speech on the basis of someone's gender identity or gender expression is prohibited, regardless of whether the person has changed their legal gender. The changes to the Norwegian Penal Code, which carry a maximum penalty of three years imprisonment for discriminating or engaging in hate speech against someone on the basis of their gender identity or gender expression, were also introduced by the Conservative-led government of Erna Solberg and took effect in 2021.[11] They also received widespread support from human rights organizations, the LGBTIQ+ rights organizations and the feminist movement, including theNorwegian Association for Women's Rights. In 2021 the first person was criminally convicted for hate speech against a transgender person, receiving a fine and a 21-day suspended prison sentence.[12]
In the 2010s several European countries have reformed their gender recognition legislation to remove intrusive medical requirements and allow for self-identification. As of 2023, eleven European countries have legal gender recognition procedures based on self-determination of the person:Belgium,Denmark,Finland,Iceland,Ireland,Luxembourg,Malta,Norway,Portugal, Spain andSwitzerland.[13] Similar reforms are proposed by the government or underway inGermany andScotland.
In a June 2020 report, theEuropean Commission classified the legal procedures for gender recognition of 28 European countries into 5 categories based on the barriers to access and compliance with international human rights law. Non-EU members Norway and Iceland were described as having similar procedures as the top category that included EU member states Belgium, Denmark, Ireland, Luxembourg, Malta and Portugal.[14]