No gender recognition provisions: 0/10 | There are laws and provisions, but with legal/medical/psychological approval: 5/10 | There are laws for self-determination, but only for those over 16 years of age: 7,5/10 | There are laws on gender self-determination, including those under 16 years of age: 10/10
Legal gender recognition is set out by law, but is not based on self-determination and requires a surgical intervention. The government has postponed an LGR law reform for years, while also promising to abolish the sterilisation requirement.
LGR is not available for those under 18, but minors can have their name changed upon a psychiatric evaluation. Civil society organisations report that trans people have had difficulties having their certificates and diplomas changed following a name change.
In February 2023, the Council of Europe Commissioner for Human Rights urged the government to abolish the sterilisation requirement as part of legal gender recognition (LGR). In March, Czechia received UPR recommendations to abolish the sterility requirement and introduce LGR on the basis of self-determination.
The Ministry of Justice announced in March 2023 that they were in favour of the removal of the mandatory sterility requirement for LGR. The Ministry stated that it would support a model under which only a personal statement and a report from the attending physician would be required, with an age limit of 15 and over. However, no bill to end mandatory sterilisations of trans people as a requirement for LGR has yet been introduced.
In a regressive move, the Supreme Administrative Court ruled in favour of the sterility requirement in August 2023.
In the same case, the Constitutional Court ruled in April 2024 that the requirement for “gender change” can no longer be the inability to reproduce or the transformation of sexual organs. This decision was made following a claim made by a trans man, who argued that such a condition contradicts human dignity, the right to equality, health protection, respect for private life, and the right to parenthood.
The abolished provisions will cease to apply on July 1, 2025 and the Parliament must introduce new legislation before this date to avoid legal uncertainty. The only existing proposal so far comes from conservative lawmakers, which has faced opposition from the trans community.
