Today in Poland, transgender people are among the groups most at risk of suicide. Therefore, this day reminds us of the need to take measures for their protection and safety.

According to the last major report prepared in Poland (“Social situation of LGBTA people in Poland. Report 2019—2020”, UW Center for Research on Prejudice) transgender people feel the most lonely of all LGBTA groups surveyed - as many as 74% of them admitted this feeling. The percentage of people in the LGBTA community declaring loneliness increased by 8% compared to the 2017 survey. This condition was influenced, among others, by low self-esteem and experiences of microaggression and violence, which exacerbated the feeling of social isolation. On March 31, we celebrate World Transgender Visibility Day, which is a reminder of the fight for equality and justice.

The situation of transgender people in Europe, that is, people who do not identify with the gender given at birth - according to a report Trans Legal Mapping Report (September 2020) has changed in several countries, such as France, Portugal or Belgium, following the resounding judgment of the European Court of Human Rights on A.P., Garçon and Nicot v. France. The ruling changed the laws on transgender people in several European countries. Why? In this case, three transgender people sued France over legal requirements related to changing the designation of gender and name in civil status records. Previous laws in France required transgender people to undergo a medical procedure leading to sterilization in order to be legally recognized as having the gender they identify with. The ECHR judgment showed that gender identification need not be linked to the need to carry out medical procedures that interfere with the body as a condition for legal recognition of identity. The rationale attached particular importance to respect for personal autonomy, gender identity and the right to physical integrity.

Although this judgment has had a strong impact on the law-making in many European countries - and continues to be an important legal benchmark in countries where the situation of transgender people is not comprehensively regulated - The report also points to the phenomenon of the so-called. backsliding, that is, the rollback of standards to protect the rights of transgender people. Examples include Hungary and Bulgaria. In 2023, the Hungarian government defined gender as “biological sex at birth”, making it impossible to change the gender designation in documents, while the Bulgarian Constitutional Court ruled that the concept of gender detached from biological sex is unconstitutional. This was partly opposed by the European Court of Human Rights, ruling that Member States must recognise gender change in documents if its absence impedes the exercise of freedom of movement within the European Union.

The broader perspective, particularly the European one, on the situation of transgender people remains an important point of reference. The law of the EU Member States is influenced by the case-law of the ECtHR. While this does not happen directly, winning cases such as A.P., Garçon and Nicot v. France, constitute an important argument in disputes before the national courts.

Transgender people in Poland

Since 2017, in Poland, almost all LGBTA groups surveyed, with the exception of asexual people, have increased the frequency of suicidal thoughts. As the report states The social situation of LGBTA people in Poland. Report 2019—2020 (Center for Research on Prejudice of the University of Warsaw):

From 2019 to 2020, suicidal thoughts most often accompanied transgender people, second only to bisexual women, and least often to gays.

According to the study, the greatest influence on the appearance of thoughts about death is the experiences of violence and microaggressions and a higher severity of depression, and to a slightly lesser extent - self-esteem and level of life satisfaction. Importantly, experiences such as sexual violence, vandalism, verbal violence, and, to a lesser extent, threats, also influenced the overall health assessment of LGBTA people. After their experience, the assessment of their own health most often became more negative.

Another important factor for assessing the situation of the transgender community in Poland is internalized transphobia, that is, internalizing external norms, attitudes and prejudices and treating them as one's own. In the context of transphobia, it manifests itself, among others, in the form of an internalized stigma, which is one of the elements minority stress. This implies the expectation of rejection and discrimination based on gender identity, resulting from the observation of negative attitudes present in society. This phenomenon is associated with the experience of fear, insecurity and lack of acceptance, in the face of which it is sometimes easier for a transgender person to displace their own identity for fear of social oppression and lack of support. The report also shows that the level of internalized transphobia is influenced by the material situation - the worse it is, the stronger its severity. This result remains unchanged from the previous study from 2015-2016.

The study also asked transgender people if their transgenderism was a private matter. Based on the results, it was found that two thirds of the respondents (68.2%) who agreed with this statement hide their identity. However, it seems that such a conclusion may be too far-fetched - researchers have recognized that the belief in the private nature of identity is tantamount to concealing it.

At the same time, when we look at subsequent data on avoiding situations requiring disclosure of transgenderism, there is a high level of protective behavior that may indicate an actual concealment of identity. As many as four in five people admitted that they sometimes prefer to remain silent about issues of their identity for fear of discrimination, and 69.6% of those surveyed declared that they avoid places where they could experience it.

Cases before the ECPT against Poland

So far, the European Court of Human Rights has not issued a single landmark judgment against Poland concerning the legal procedure of gender reconciliation itself - analogous to the case A.P., Garçon and Nicot v. France. Transgender cases have, however, been brought before the Court in the context of the protection of privacy and the prohibition of discrimination (Articles 8 and 14 of the European Convention on Human Rights). In particular, in the case of W.W. v. Poland The ECHR recognized that the state has a positive obligation to provide adequate medical care to a transgender person, affirming that gender identity belongs to the sphere of protected private life. Thus far, Polish cases before the ECHR have focused on the practical consequences of the lack of comprehensive legal regulation rather than on the review of one specific statutory provision. In the legal literature, it is indicated that future complaints may concern, among others, the lack of a clear legal procedure for gender reconciliation, length of proceedings and procedural requirements, which could potentially lead to the creation of a precedent judgment against Poland.

Who supports trans people in Poland?

In Poland, despite the fact that the law regarding transgender people remains ambiguous and their protection is not comprehensively regulated in separate laws, there are social organizations and activists supporting this community. Their activities include conducting research and publishing reports, as well as organizing demonstrations, educational activities and preparing proposals for legislative changes.

One of the most recognized organizations is Trans-Fuzja Foundation, whose mission is to protect the human rights of transgender people in Poland, the pursuit of full social equality and the prevention of all forms of discrimination. The Foundation offers a variety of forms of support; from support groups and psychological consultations to legal aid and advocacy activities.

JOne of the most prominent public allies of the transgender community is Piotr Jacoń - a journalist and father of a transgender daughter, Victoria. In his work, he speaks particularly about the experiences of families and relatives of transgender people, as well as the daily challenges that trans people themselves face. In 2021, he published a book My, trans, a reportage describing the realities of life of transgender people in Poland. The publication was created after the broadcast of a television report All about my baby.

Important figures working for the transgender community also include its representatives: activists, including Maja Heban, Margot Szutowicz and Anna Grodzka. The latter was the first transgender person in the Polish parliament and one of the first public figures in Poland to speak openly about her gender correction, while also engaging in activities for LGBTQ+ rights in the Sejm.

summary

Although the case law of the European Court of Human Rights provides important support for the arguments used in the courts of the countries of the European Union, without social activism and consistent action on behalf of transgender people - in particular the push for legislative changes and the creation of appropriate public policies - this community will continue to be a group particularly vulnerable to discrimination, violence and mental health problems, including depression and suicide risk. Transgender rights should not remain at the end of the list of “important” issues to be resolved, nor should they be pushed to the margins of public debate each time when legal changes are attempted.

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