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corresponding to the gender identity of the bearer, which may lead to the person being
denied the right to vote at the stage of voter identification. 55 Research from the United
Kingdom of Great Britain and Northern Ireland has found that voter identification
legislation has restricted the electoral participation of trans and non -binary people by
making it more difficult for them to access voting stations. 56 Presenting an
identification that does not match a voter’s gender identity can “out” transgender
individuals, in violation of their right to privacy. 57 Difficulties in accessing
documentation that correctly reflects a voter’s gender identity may be especially
pronounced for trans and gender-diverse individuals who experience discrimination
based on other grounds, such as race, homelessness and disability. 58 Positive
examples include the decision by the electoral management body of Mexico to allow
the use of preferred gender identity markers on voting registration documents without
the need to present the corresponding identification document, and to include
non-binary identities in voting credentials. 59 , 60 In Canada, voters must present
identification documents but are not required to show an identification that includes
a sex or gender indicator. Malta is one of 24 countries 61 that permit individuals to
have their gender identity recognized in official documents through a simple
administrative procedure based on self-identification, hence avoiding potential
barriers at polling stations and in the candidacy process. 62 , 63 Several submissions
contained explicit calls for required training for electoral staff and polling officers on
inclusive identification procedures and gender diversity. 64,65,66,67
19. The adoption of laws that specifically address the rights of affected trans and
gender-diverse persons, such as those which establish an easy procedure for changing
identification documents, including those needed for registering to vote or to stand
for election, appear to make a significant contribution to promoting electoral
participation and minimizing the risk of unwanted breaches of privacy when these
documents are used for voting. 68 Gender-segregated queues in polling stations can be
an obstacle for trans people. 69,70 In Colombia, official regulations allow trans persons
to choose the queue for voting. 71
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Inter-American Commission on Human Rights, Advances and Challenges (see footnote 27),
para. 121; submission by the Human Rights Campaign, p. 2; submission by the Observatorio
Latinoamericano y del Caribe de los Derechos Políticos y Electorales de las Personas Trans, p. 5;
submission by the Centro de Promoción y Defensa de los Derechos Sexuales y Reproductivos, p. 3;
and joint submission by the Network of Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI)
Litigants of the Americas (Red de Litigantes LGBTI de las Américas), the LGBTTTI and Sex
Workers Coalition with work before OAS (Coalición LGBTTTI & de Trabajadoras Sexuales con
trabajo ante la OEA) and the Regional Network without LGBTI Violence of Latin America and the
Caribbean (Red Regional Sin Violencia LGBTI de América Latina y el Caribe), p. 3.
Submission by Stokoe Colliver (University of York) and Ash Stokoe (University of Birmingham).
Submission by the Westminster Foundation for Democracy.
Submissions by the Human Rights Campaign, p. 3; and Ecuador, p. 4.
Submission by the Human Rights Commission of Mexico City, p. 3. See regulation INE/CG432/2023.
Rodríguez, Building Inclusive Democracies (see footnote 33), sect. 3.1.1.
See https://database.ilga.org/legal-gender-recognition.
Submission by Canada.
Submission by Malta.
Submission by the Global LGBTQI+ Inclusive Democracy and Empowerment (GLIDE)
Initiative, p. 4.
Submission by Ronald Kihali Omedo.
Submission by Dean Bordode.
Submission by Stokoe Colliver (University of York) and Ash Stokoe (University of Birmingham ).
Submissions by Spain, p. 2; the national human rights institution of Argentina, p. 2; and the
national human rights institution of the Republic of Korea.
ACE Electoral Knowledge Network, “Systems with separate polling stations for men and
women”, 19 March 2019.
Submissions by the GLIDE Initiative, p. 4; and the International Foundation for Electoral
Systems, p. 1.
Rodríguez, Building Inclusive Democracies, sect. 3.1.2; and submission by Caribe Afirmativo, p. 11.
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