021-01-169 / 2021-02 date: 6.9.2021.

Acting within the legally prescribed competence to monitor the implementation of laws concerning the prohibition of discrimination and recommend measures to public authorities and other persons to achieve equality and protection against discrimination, the Commissioner for the Protection of Equality refers to municipal/city administrations the following

RECOMMENDATION OF MEASURES FOR ACHIEVING EQUALITY AND PROTECTION AGAINST DISCRIMINATION

The Commissioner for the Protection of Equality recommends to municipal/city administrations:

– To take into account, when applying the regulations in the procedure of changing the sex designation in the birth register, that not only a person who changed gender by surgical means has the right to change their sex designation in accordance with the law, but also a person to whom a confirmation was issued, in accordance with regulations, of the conducted hormone therapy for at least one year, with the indication of specialists in psychiatry and endocrinology.

– To enable the change of personal name for transsexual and transgender persons in cases when the change of personal name is necessary in order to harmonize it with sex or gender identity, in accordance with the law, without additional conditions and restrictions.

City/municipal administrations will inform the Commissioner for the Protection of Equality that in order to implement this recommendation, within 30 days from the date of receipt of the recommendation of equality measures, they informed their organizational unit responsible for deciding on requests for change of sex designation, as well as personal name.

No appeal or any other legal remedy is allowed against this recommendation of measures for achieving equality in accordance with the law.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

 Brankica Janković