2023-08-12 17:48:00
Jessica is a transgender woman of Romanian origin who lives in Etterbeek. She was able to change her gender on her identity card, but not her first name, an administrative blockage that causes her a lot of problems.
That’s almost 10 years that Jessica lives in Brussels. Of Romanian origin, she fled her country where, as a transgender person, she is exposed to hate crimes. Recently, Belgium recognizes her as a woman: “I made this change in March 2023 at the municipality of Etterbeek. I’m a woman“, she says.
On his identity card and birth certificate, the mention “F” is now visible. But his first name him, remains unchanged, despite his demands. A situation with serious consequences, particularly professional ones. “When I present my identity card, the person in front of me does not look at my CV, my professional background. She looks at my first name. There is a woman in front of him, who has enough experience. When we talk on the phone, for him, everything is fine. As soon as I present my identity card with a male first name, it blocks“, laments Jessica.
An inconsistency in the law
So why was a sex change possible and not the first name? Because’an inconsistency exists in the regulations for foreign persons. If they can make a request in Belgium to change the mention “sex” on identity documents, the regulations provide that only Belgians, stateless persons or recognized refugees can ask to change their first name.
Céline Verbrouck, a lawyer specializing in immigration law, recognizes the inconsistency: “This often happens when the legislator modifies or provides for new provisions”she begins.
The lawyer specifies that these inconsistencies are due to the fact that not all scenarios are always taken into account : “It is difficult to consider all the practical, personal situations that may arise. Our laws are regularly incomplete. Often, before these kinds of negative effects of the law are corrected, a lot of people have to show upwho denounced and explained this situation to warn regarding the inconsistency and discrimination“, adds the lawyer.
Jessica explains that the municipal authorities sent her back to her country of origin to change her first name. “I remind you that Romania is an unfortunately homophobic country. I don’t want to go back to Romania to be discriminated once morest, attacked“, she insists.
Contacted, the municipality of Etterbeek said plan a new analysis of Jessica’s file.
She hopes this situation will change quickly: “I ask that they be more forgiving with us and that they agree to make the sex change which gives the possibility of changing their first name as well“. In order to prevent a discriminatory situation from reoccurring for others.
► Read also | Transidentity: in Brussels, 294 people have changed their gender on their identity card since 1993
■ Report by Marine Guiet, Arnaud Dedier et Paul Bourrieres
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