ℹ️Revise complaint forms

While the State must ultimately enable legal gender recognition for trans, intersex and non-binary people to uphold their right to self-determination, equality and dignity, even in its absence, it remains crucial to validate their identities, including their names and gender markers. This section outlines some ways that duty-bearers can ensure their complaint mechanism respects trans, intersex, non-binary, and gender-diverse people’s identities:

✍️Adding additional name, pronouns, and gender boxes in your complaint form

Adding additional columns for names and pronouns not only allows you to address them accordingly and enable them to access services, but also reduces any gender dysphoria.

👌Names/Pronouns

• Enable complainants to provide their preferred name and pronouns, and if it differs from their legal document name, to specify the latter. Always use the complainant’s preferred name instead of the name based on legal documents. As a rule of thumb, only collect names as per legal documents if strictly necessary. If you do collect them, it should be treated as sensitive data and stored securely.

• Sensitize staff to SOGIESC and understand the diversity amongst human bodies to ensure that complainants can seek services and justice with dignity.

🧕Gender

Organisations should consider implementing a “gender by default” principle, which defaults to the collection of gender data as opposed to sex at birth. Defaulting to a specified variable facilitates consistency of data collection, and in most cases a person’s gender - their personal and social identity - is most relevant for policymaking and research rather than sex at birth.

There are several ways to ensure the gender section in the complaint form is affirming and inclusive.

Option 1: Free text response or open-ended question

This allows complainants to freely express their gender without restrictions. This is the most inclusive and affirming option. However, it may pose a challenge for systemic documentation and analysis.

Example: “What is your gender? __________”

Option 2: Add gender categories for multiple choice questions

Offer a diverse range of gender options, extending beyond the binary 'woman' and 'man,' to include choices like 'non-binary' and 'agender.' Additionally, allow complainants the flexibility to select multiple gender identities. It is important to clarify whether the categories 'man' and 'woman' encompass both cisgender and transgender or intersex people, or if they specifically refer to cisgender people.

Example: “Please select the gender identities that apply to you.”

Option 3: Expand and define ‘woman’ and ‘man’ beyond cisgender identities.

If it is important for your service or complaint mechanism to identify trans persons, you could ask that as a separate but optional question.

Option 4: Add an ‘other’ category in addition to the ‘man’ or ‘woman’ category.

However, this option could also result in the othering of those who do not identify as women or men. It is important to clarify whether the categories 'man' and 'woman' encompass both cisgender and transgender or intersex people, or if they specifically refer to cisgender people.

Further reading on inclusive data-gathering - Data standard for gender, sex, and variations of sex characteristics