Caption: AdoptedRejectedWithdrawnNo electronic votes
21 April 2015
Tabled by Mr Valeriu GHILETCHI, Mr Egidijus VAREIKIS, Mr Cezar Florin PREDA, Mr Aleksandar NIKOLOSKI, Mr Ben-Oni ARDELEAN, Mr Zsolt NÉMETH, Ms Rózsa HOFFMANN, Mr Zsolt CSENGER-ZALÁN, Ms Aleksandra DJUROVIĆ
Votes: 31 in favor 61 against 3 abstentions
In the draft resolution, paragraph 1, delete the last sentence.
Explanatory note
Medical classification is a matter of science, not of politics. It is dangerous for democracy when politicians decide on what should or should not be classified as a mental disease. The same is true for every disease. People with cancer or HIV also encounter obstacles to social inclusion.
21 April 2015
Tabled by Mr Valeriu GHILETCHI, Mr Egidijus VAREIKIS, Mr Cezar Florin PREDA, Mr Aleksandar NIKOLOSKI, Mr Ben-Oni ARDELEAN, Mr Zsolt NÉMETH, Ms Rózsa HOFFMANN, Mr Zsolt CSENGER-ZALÁN, Ms Aleksandra DJUROVIĆ
Votes: 33 in favor 63 against 1 abstention
In the draft resolution, paragraph 4, second sentence, replace the words "Some regulations" with the following words: "Regulations in Denmark, Ireland and Malta".
Explanatory note
Only in those 3 member States the regulation is based on the principle of self-determination and to a certain extent the regulations of Switzerland, Sweden and the Netherlands.
21 April 2015
Tabled by Mr Valeriu GHILETCHI, Mr Egidijus VAREIKIS, Mr Cezar Florin PREDA, Mr Aleksandar NIKOLOSKI, Mr Ben-Oni ARDELEAN, Mr Zsolt NÉMETH, Ms Rózsa HOFFMANN, Mr Zsolt CSENGER-ZALÁN, Ms Aleksandra DJUROVIĆ
Votes: 33 in favor 61 against 2 abstentions
In the draft resolution, delete paragraph 5.
Explanatory note
There is no emergence of a right to gender identity in Europe, as only three member States of the Council of Europe base their regulation on the principle of self-determination: Denmark, Ireland and Malta.
21 April 2015
Tabled by Mr Valeriu GHILETCHI, Mr Egidijus VAREIKIS, Mr Cezar Florin PREDA, Mr Aleksandar NIKOLOSKI, Mr Ben-Oni ARDELEAN, Mr Zsolt NÉMETH, Ms Rózsa HOFFMANN, Mr Zsolt CSENGER-ZALÁN, Ms Aleksandra DJUROVIĆ
Votes: 33 in favor 61 against 2 abstentions
In the draft resolution, paragraph 6.2.1, delete the words: ", based on self-determination,"
Explanatory note
Basing the change of gender on self-determination would create an individual right to choose one's legal sex. Most European States impose certain conditions, in order to protect the individual. Only Denmark, Ireland, Malta and to a certain extent Switzerland, Sweden and the Netherlands do not impose conditions.
21 April 2015
Tabled by Mr Valeriu GHILETCHI, Mr Egidijus VAREIKIS, Mr Cezar Florin PREDA, Mr Aleksandar NIKOLOSKI, Mr Ben-Oni ARDELEAN, Mr Zsolt NÉMETH, Ms Rózsa HOFFMANN, Mr Zsolt CSENGER-ZALÁN, Ms Aleksandra DJUROVIĆ
Votes: 36 in favor 61 against 1 abstention
In the draft resolution, paragraph 6.2.1, replace the word "people" with the word: "adults"
Explanatory note
Due to their immaturity (physical, psychological, etc.) and the consequences for their health and development, minors should not have access to such procedures. This is in conformity with the UN Convention on the Rights of the Child of 1989, especially the ninth reason of the Preamble.
21 April 2015
Tabled by Mr Valeriu GHILETCHI, Mr Egidijus VAREIKIS, Mr Cezar Florin PREDA, Mr Aleksandar NIKOLOSKI, Mr Ben-Oni ARDELEAN, Mr Zsolt NÉMETH, Ms Rózsa HOFFMANN, Mr Zsolt CSENGER-ZALÁN, Ms Aleksandra DJUROVIĆ
Votes: 34 in favor 61 against 3 abstentions
In the draft resolution, paragraph 6.2.1, delete the words: "age, medical status,"
Explanatory note
Due to the consequences for the health of the person, age and medical status are important factors to decide whether a person should have access to the procedure to change his/her gender, name and to obtain the legal gender recognition (e.g. minors, elderly people and people in specific health situations).
21 April 2015
Tabled by Mr Valeriu GHILETCHI, Mr Egidijus VAREIKIS, Mr Cezar Florin PREDA, Mr Aleksandar NIKOLOSKI, Mr Ben-Oni ARDELEAN, Mr Zsolt NÉMETH, Ms Rózsa HOFFMANN, Mr Zsolt CSENGER-ZALÁN, Ms Aleksandra DJUROVIĆ
Votes: 26 in favor 64 against 7 abstentions
In the draft resolution, delete paragraph 6.2.2.
Explanatory note
It goes beyond the case-law of the ECHR and of the existing consensus in Europe. There is no consensus among the member States as to abolish the conditions to allow the access to such procedures. Most of the member States impose certain conditions.
21 April 2015
Tabled by Mr Valeriu GHILETCHI, Mr Egidijus VAREIKIS, Mr Cezar Florin PREDA, Mr Aleksandar NIKOLOSKI, Mr Ben-Oni ARDELEAN, Mr Zsolt NÉMETH, Ms Rózsa HOFFMANN, Mr Zsolt CSENGER-ZALÁN, Ms Aleksandra DJUROVIĆ
Votes: 29 in favor 63 against 8 abstentions
In the draft resolution, paragraph 6.2.3, replace the words "remove any restrictions on the right of transgender people to remain in an existing marriage upon recognition of their gender" with the following words: "desist from arbitrarily interfering with the right to respect for private and family life, including when the transgender person is married".
Explanatory note
The wording would imply the generalisation of same-sex marriage. It goes beyond the case-law of the ECHR and the consensus among member States. See the ECHR, in the recent case Hämäläinen v. Finland (no. 37359/09) judgement of 16 July 2014, as well as Parry v. the United Kingdom (no. 42971/05).
21 April 2015
Tabled by Mr Valeriu GHILETCHI, Mr Egidijus VAREIKIS, Mr Cezar Florin PREDA, Mr Aleksandar NIKOLOSKI, Mr Ben-Oni ARDELEAN, Mr Zsolt NÉMETH, Ms Rózsa HOFFMANN, Mr Zsolt CSENGER-ZALÁN, Ms Aleksandra DJUROVIĆ
Votes: 93 in favor 2 against 5 abstentions
In the draft resolution, at the end of paragraph 6.2.3, insert the following words: "in all decisions concerning children, their best interests should prevail over any other rights and interests;"
Explanatory note
The ECHR considers that the child's best interests must be the primary consideration in assessing whether a fair balance has been struck between competing interests at stake (see for example Neulinger and Shuruk v. Switzerland case §§ 136 and 137).
21 April 2015
Tabled by Mr Valeriu GHILETCHI, Mr Egidijus VAREIKIS, Mr Cezar Florin PREDA, Mr Aleksandar NIKOLOSKI, Mr Ben-Oni ARDELEAN, Mr Zsolt NÉMETH, Ms Rózsa HOFFMANN, Mr Zsolt CSENGER-ZALÁN, Ms Aleksandra DJUROVIĆ
Votes: 36 in favor 60 against 4 abstentions
In the draft resolution, delete paragraph 6.2.4.
Explanatory note
This would imply the acceptance of a "third gender", in addition to male and female. In the context of the draft resolution such a third gender would be based on self-determination and non-pathological.
21 April 2015
Tabled by Mr Valeriu GHILETCHI, Mr Egidijus VAREIKIS, Mr Cezar Florin PREDA, Mr Aleksandar NIKOLOSKI, Mr Ben-Oni ARDELEAN, Mr Zsolt NÉMETH, Ms Rózsa HOFFMANN, Mr Zsolt CSENGER-ZALÁN, Ms Aleksandra DJUROVIĆ
Votes: 31 in favor 64 against 4 abstentions
In the draft resolution, paragraph 6.3.1, replace the words "they are reimbursed by public health insurance schemes" with the following words: "the reimbursement by public health insurance schemes is not subject to arbitrary conditions".
Explanatory note
There is no right to have any treatment reimbursed by the public health insurance. The States are free to establish certain conditions to the reimbursement of the treatments. Those conditions should not be arbitrary.
21 April 2015
Tabled by Mr Valeriu GHILETCHI, Mr Egidijus VAREIKIS, Mr Cezar Florin PREDA, Mr Aleksandar NIKOLOSKI, Mr Ben-Oni ARDELEAN, Mr Zsolt NÉMETH, Ms Rózsa HOFFMANN, Mr Zsolt CSENGER-ZALÁN, Ms Aleksandra DJUROVIĆ, Ms Elena CENTEMERO
Votes: 27 in favor 68 against 4 abstentions
In the draft resolution, delete paragraph 6.3.3.
Explanatory note
Amendment and modification of the classification of diseases used at national level is the competence of medical bodies and they should be based on scientific data and reasons. It is not the competence of the PACE to request such modifications from the member States.