The Norwegian Anti-Discrimination and Equality Ombud found, in a decision of September 9 2014, that the current practice of requiring the F 64.0 transsexualism diagnosis and subsequent sterilization are discriminatory. Most people are assigned a legal gender at birth that corresponds with their gender identity, so such requirements puts transgender persons in a worse position than others. The Ministry of Health could provide no justification for this practice. These requirements are thus a form of indirect discrimination of transgender persons.

The Norwegian government has not appealed the decision, and has created an inter-ministerial working group tasked with finding solutions concerning criteria for changing registered gender and related issues.

You’ll find the Norwegian Act prohibiting discrimination on the basis of sexual orientation, gender identity and gender expression here http://www.ub.uio.no/ujur/ulovdata/lov-20130621-058-eng.pdf, and the statement from the Ombud here (in Norwegian) http://www.ldo.no/no/Klagesaker/Arkiv/2014/18840-diskriminering-pa-grunn-av-kjonnsidentitet/

Lene Lovdal