Athens, June 10, 2021
Subject: «Complaint about the refusal to implement the law on legal recognition of gender identity by a Service of the Ministry of Mercantile Marine »
The Greek Transgender Support Association (GTSA), is a voluntary non-governmental organization for the promotion of rights and freedoms of trans, gender-diverse and LGBTI persons in general, with this press release, complaint about the refusal to change the data of trans person by the Directorate of Naval Employment of the Ministry of Mercantile Marine, but also for the violation of privacy of the trans person.
Specifically, the trans woman followed the entire time-consuming procedure provided by law for the legal recognition of gender identity (Law 4491/2017), and changed the registration of gender, first name and adaptation of her surname, as well as the subsequent administrative. Subsequently, it duly submitted a request for change of her data to the Naval Registers, from where the relevant file of supporting documents was sent to the Ministry of Mercantile Marine – DNEM Department (Archive the Directorate of Naval Employment of the Ministry of Mercantile Marine) for the final approval of her application, as she is a graduate of the Merchant Marine Academy, holder of a certificate issued in accordance with the requirements of the international convention S. T. C. W. 1978 as amended, specializing in the First Class Master of the Merchant Navy.
It is worth noting that despite the fact that in violation of the law she was asked to submit as evidence the court decision on the legal recognition of her gender identity (and this in fact violates the current legislation as paragraph 3 of Article 4, explicitly states that this procedure is done only on the basis of the new registration act, while it also violates the privacy of the person), the trans woman presented it together with the other documents requested (birth registration act, marital status certificate, birth certificate and a copy of ID card).
Nevertheless, despite the fact that no law provides for such a thing, there is not (and should not be) any authority that issues such a thing, and insulting the trans woman’s personality, the head of the competent DNEM Department asked her for a “certificate of identity “, as she told her:” I do not care what any law says, for me it is indifferent, if you do not bring me a certificate that shows your identity, there is no way I can change your data and put my signature.”
Here we should note that the refusal to update the data of the trans woman, in addition to violation of Law 4491/2017, constitutes a violation of the General Regulation (EU) 2016/679 of Data Protection, which in article 5 case d) imposes on the data controller the “correction of personal data which is inaccurate”.
The result of all this is that the trans woman is completely without work, has been unemployed for fifteen (15 months), with zero income, and is in danger of being found homeless.
At the same time, this case is only one of the many that the GTSA has made a complaint in the public sphere, not only ignorance of the implementation of the law, but also denial of its implementation that in cases such as this, as arises from the facts, there is a racist transphobic background .
The need for training seminars both on gender identity issues and the implementation of Law 4491/2017, is a given. However, no government official can refuse to implement the current legislation and even more so to leave a trans person without support to face (in addition to insults to her personality, to provide documents that are not provided for and requested from any other citizen and this constitutes unfair and inequality treatment), the consequences of unemployment and even risking being found homeless.
The Greek Transgender Support Association is on the side of this trans woman and will support any legal action to restore and compensate her, while calling on the State to take all necessary actions to comply with current legislation and the necessary amendments to the law to meets the real needs of trans persons.
THE BOARD OF MEMBERS
GREEK TRANSGENDER SUPPORT ASSOCIATION
79 Sygrou Street, 3rd floor, Athens, 11745
Office hours: Monday to Friday
09.00-14.00 & 17.00-20.00