Legislation and legal protections
The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) maps the status of LGBTI people’s rights in Europe annually with a focus on seven thematic areas: equality and non-discrimination; family; hate crime and hate speech; legal gender recognition; intersex bodily integrity; civil society space; and asylum. In its latest Rainbow Europe Map, all Nordic countries rank high: Denmark (3), Iceland (5), Finland (6), Sweden (8) and Norway (9) among the 49 countries in the ranking (ILGA Europe, 2023). The Faroe Islands, Greenland and Åland are not included in the Map. In the most recent Map, ILGA notes that a general trend can be seen of an increase in hate speech, especially targeting trans people. Denmark, Finland, Iceland and Sweden are all mentioned as countries where politicians and representatives of the state have made public statements expressing hatred of LGBTI people. They also see a trend of increased violence against LGBTI people, where two people were murdered and twenty injured in an attack outside an LGBTI bar in Oslo in 2022 (ILGA Europe, 2023).
All Nordic countries currently have anti-discrimination laws that cover sexual orientation and gender identity. The nature of the protection and the sectors of society covered vary. In all countries, there are protections in place for the workplace. From an international perspective, the Nordic countries have also come a long way in terms of opportunities for LGBTI people to start a family. In all Nordic countries, same-sex couples have the right to marry, and they are covered by the same law that covers heterosexual relationships. (Nordic Council of Ministers, 2020).
The possibilities for changing one’s legal gender also vary between the Nordic countries. In Denmark, Sweden and Finland, the age limit for changing one’s legal gender is 18 years and in Norway it is 6 years old (over 16 without the consent of a parent or custodian or county governor). In Iceland there is no age limit but children younger than 15 years must have their guardian’s consent or get a consent from an expert committee. In Norway, Denmark, Finland and Iceland, the process is currently based on self-determination, so the consent of a third party (a doctor or a judge) is not required to change one’s legal gender. In Sweden, a gender dysphoria investigation and a diagnosis (of gender dysphoria) are required in order to change one’s legal gender. In the Faroe Islands and Greenland, it is not possible to change one’s legal gender.
In Iceland, legislation prohibits interventions that alter the sex characteristics of newborns with an intersex variation, until they themselves attain the age of consent. This type of legislation is lacking in the other Nordic countries. In an international comparison, several of the Nordic countries are lagging behind when it comes to legislation covering recognition of legal gender and bodily integrity for people with intersex variations. However, all the Nordic countries are planning initiatives or new laws in the area (ILGA Europe, 2023; Nordic Council of Ministers, 2020).