The courts will be required to consider sex cases as urgent cases. The draft regulation has just been published by the Ministry of Justice.
– The process of legal agreement between the sexes is lengthy and can take up to a fewer years, depending on the attitude of the court and the positions of the defendants – warns the Ombudsman and provides statistic on the increasing number of specified cases. Between 2014 and 2019, gender-finding cases were around 650. In turn, 1162 cases have already been conducted in territory courts between 2020 and 2020.
Conclusion? An expanding number of individuals search to recognise their sex identity and reflect it decently in authoritative documents. However, the deficiency of a detailed procedure for legal transit in Polish law is an obstacle to achieving this objective.
To make a change in sex, it is essential to file a suit against parents. The procedure requires a transgender to bring an action for sex determination against his parents or probation officer erstwhile parents are no longer alive. specified action shall be based on Article 189 of the Code of civilian Procedure, which shall enable the court to require the existence or non-existence of a legal relation or a law, if there is simply a legal interest therein.
However, according to the Ombudsman's suggestion, specified proceedings frequently take place without account of established case law. It has been noted that judges frequently take excessive action, specified as the appointment of many experts or the summoning of many witnesses, which prolongs the duration of these trials. As a result, at the beginning of March, RPO Marcin Wiązek called on the Ministry of Justice to amend the Rules of Procedure of the Courts, including the inclusion of sex cases in the urgent cases catalogue.
The government plans to make changes so that the sex determination procedure goes faster. The request of the RPO met with a affirmative response, and on Thursday a draft amendment of the Rules of Procedure of the General Courts appeared on the government pages, which assumes that cases concerning sex determination be classified as urgent cases. The Ministry indicated that the consequence of this change would be that gender-fixing cases would be addressed to judges within the Random Allocation strategy immediately. Furthermore, it is proposed that the suspect may take a seat next to the plaintiff in the course of the trial, which would let persons wishing to make legal transactions sitting next to their parents. The draft regulation was submitted for opinion and consultation.pra
The manager of the run Against Homophobia, Mirosław Makuchowska, welcomed the ministry's proposals.
We remind you that the current catalogue of urgent cases set out in the General Court Rules of Procedure includes over 20 categories. These include cases concerning, inter alia, temporary arrest, the removal of the kid to parents, the placement of minors in care facilities, eviction of the perpetrator of home violence, entry of the contractual mortgage in the perpetual book, requests for safety and requests for a feasibility clause.
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