Explain how to use the SBGG

DrMaxNix commented

2024-02-01 13:28:44 +01:00

Owner

In phase 2, the main purpose of the page should be to explain how to use the SBGG.

The different steps should be displayed as a timeline-view.
Maybe use numbers inside the circles and remove the lines?

In phase 2, the main purpose of the page should be to explain how to use the SBGG. The different steps should be displayed as a timeline-view. Maybe use numbers inside the circles and remove the lines?

DrMaxNix added this to the v1.3 milestone 2024-02-01 13:28:44 +01:00

DrMaxNix added the

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DrMaxNix self-assigned this 2024-02-01 13:28:45 +01:00

emily1 commented

2024-04-13 08:15:42 +02:00

Since the Bundestag has passed the final draft of the SBGG yesterday and no further changes are to be expected (unless a majority of the Bundesrat votes in favor of calling the Vermittlungsausschuss), I believe work on explaining how to use the SBGG could already begin. I would be really interested in contributing to this, particularly doing content work - summarizing the various provisions of the SBGG, writing up FAQs (in both English and German), etc. - also in collaboration with others.

Personally, I think it would be really cool if sbgg.jetzt could provide both easy to understand, high-level information (presented in a visual manner as @DrMaxNix suggested), but also low-level, in-depth information on various parts of the process (on topics such as: eligibility of non-German citizens, changes for people who have used TSG and the old § 45b PStG, Auskunftssperren, process for Anmeldung in accordance with § 4 SBGG, etc.). I'm also interested in hearing about the vision for this project from existing contributors!

Since the Bundestag has passed the [final draft of the SBGG](https://dserver.bundestag.de/btd/20/110/2011004.pdf) yesterday and no further changes are to be expected (unless a majority of the Bundesrat votes in favor of calling the Vermittlungsausschuss), I believe work on explaining how to use the SBGG could already begin. I would be really interested in contributing to this, particularly doing content work - summarizing the various provisions of the SBGG, writing up FAQs (in both English and German), etc. - also in collaboration with others. Personally, I think it would be really cool if sbgg.jetzt could provide both easy to understand, high-level information (presented in a visual manner as @DrMaxNix suggested), but also low-level, in-depth information on various parts of the process (on topics such as: eligibility of non-German citizens, changes for people who have used TSG and the old § 45b PStG, Auskunftssperren, process for Anmeldung in accordance with § 4 SBGG, etc.). I'm also interested in hearing about the vision for this project from existing contributors!

DrMaxNix commented

2024-04-13 19:05:41 +02:00

Author

Owner

Hey Emily!
Yes, your evaluation is correct, I also think that now is the time to start working on pahse 2!
Offering your help is really generous, and I'd love to work with you!
Providing low-level information sounds like a cool idea, but the thing is that I only have limited time that I can work on this due to other projects and university. Again, if you say you'd like to help that would be perfect!
Sadly when speaking about existing contributors, there's only me.. I'm taking care of this project by myself, thus you are the second contributor!
Looking forward to hearing from you!
~ Kim

Hey Emily! Yes, your evaluation is correct, I also think that now is the time to start working on pahse 2! Offering your help is really generous, and I'd love to work with you! Providing low-level information sounds like a cool idea, but the thing is that I only have limited time that I can work on this due to other projects and university. Again, if you say you'd like to help that would be perfect! Sadly when speaking about existing contributors, there's only me.. I'm taking care of this project by myself, thus you are the second contributor! Looking forward to hearing from you! ~ Kim

DrMaxNix changed title from ~~[Phase 2] Explain how to use the SBGG~~ to Explain how to use the SBGG

2024-04-14 21:22:57 +02:00

emily1 commented

2024-04-25 01:37:44 +02:00

Hey Kim,

sorry for the delayed reply. I can only work on the project in irregular intervals, so it might take me a while to respond.

I initially assumed there were multiple contributors due to two different users (@DrMaxNix and @kimendisch) participating in this repository, but I later discovered that both accounts are yours. At least going forward there will be two contributors!

I have carefully considered your initial proposal:

The different steps should be displayed as a timeline-view.
Maybe use numbers inside the circles and remove the lines?

And while I very much like the idea of displaying the necessary steps in a concise, visual manner, I don't think the complexity of the SBGG allows for it. In principle, there are only three steps:

Registration of the name and gender marker change with a German civil office.
Making an appointment to submit the declaration, at least three months and no later than 6 months after the registration.
Signing the declaration in person at the German civil office.

Unfortunately, these steps only apply to persons who are

German citizens
habitually residing in Germany (at the moment the declaration is made)
over the age of 18
not legally incapable and under guardianship for this matter

and can forsee at which civil office they will be able to make the declaration.

If we start considering anyone to whom the above criteria don't apply, things quickly get complicated and can no longer be represented through a singular timeline.

As an example, let's take a person who fulfills all of the above criteria except being a German citizen. In that case, they need to submit a declaration pursuant to Article 7a (2) EGBGB stating that they choose German law for the purpose of changing their gender marker. In addition, they need to submit a declaration pursuant to Article 7a (2) EGBGB stating that they choose German law for the purpose of changing their name in conjunction with or under the same requirements as a gender marker change, but only if they make the declaration pursuant to § 2 SBGG before May 1st 2025. After May 1st 2025, they don't need to make the second declaration as their habitual residence in Germany will already ensure that German law is applicable (due to the reform of Article 10 (1) EGBGB). But as a further exception, if they are a dual citizen and have chosen the application of the laws of another state of which they are also citizen pursuant to Article 10 (4) EGBGB for the purpose of determining their name, they will have to submit the second declaration.

All this complexity arises if even one of the above criteria (citizenship) deviates from the norm. Now we can chip away at the criteria one by one to uncover the extreme complexity of the SBGG:

German citizens not habitually residing in Germany will need to make a declaration pursuant to Article 7a (2) EGBGB, but only the latter one of the two declarations described above, and only if they make the declaration pursuant to § 2 SBGG after May 1st 2025.
People under the age of 18 are further subdivided into two categories (14-17 and under 14). Persons aged 14-17 need to confirm that they have undergone consultation, while in the case of people under the age of 14, the legal guardian(s) must confirm to have undergone consultation. In the case of 14-17 year olds a court's approval is only necessary if the legal guardian(s) don't approve of the change, but in the case of under 14 year olds the court's approval is always necessary. The former group must make the declaration themselves, while only the legal guardian(s) can make the declaration for the latter group. Furthermore, persons under 6 must consent to the declaration and anyone under the age of 18 must be present at the civil office when the declaration is made.
In the case of persons considered legally incapable and under guardianship for this matter, only the guardian can make the declaration and they require the approval of the court - but the guardianship court rather than the family court.
If someone doesn't know where in Germany they will be, fulfilling the registration requirement becomes more complex (the solution would be to register with multiple civil offices in advance).

The above list of examples is far from exhaustive and it's pretty much impossible to convey all those scenarios in a simple, visual manner.

I therefore propose a different, more wiki-like structure:

A short overview of the key aspects of the process, including the registration and declaration process plus the relevant dates when the relevant statutes enter into effect (August 1st and November 1st), possibly aided by visual elements. The focus should be on conveying the most relevant information while using easily understandable language.
Multiple subpages covering individual topics, such as registration, declaration, eligibility and process for people who are not German citizens, etc.

I'm realizing as I'm writing this comment that the first part could also be displayed as a timeline, but one that would only be applicable to a rather constrained group of persons, namely those fulfilling all the criteria outlined in the beginning of my comment. So this could still work, but it should be made clear to whom the timeline applies and to whom it doesn't.

I'm open to writing explanations for both the overview and the more in-depth subpages once we have a clearer outline of the whole thing (what information should we put into the overview, what topics should we have individual pages for and how should we organize them). What do you think of this proposal?

Apart from the aspects of the SBGG related to the new gender marker and name change procedure, there are many new provisions that affect the legal status of trans, inter and non-binary people that go beyond the status change process and also affect people who have used the existing TSG or § 45b PStG procedures. Should we highlight some of these changes (like the right to request a change of documents issued under a person's deadname) on the website, and if so, which ones and to what extend?

This also leads me to a broader question: What do we want to cover on the website, and what should we consider out of scope?

I'm looking forward to working with you!
- Emily

Hey Kim, sorry for the delayed reply. I can only work on the project in irregular intervals, so it might take me a while to respond. I initially assumed there were multiple contributors due to two different users (@DrMaxNix and @kimendisch) participating in this repository, but I later discovered that both accounts are yours. At least going forward there will be two contributors! I have carefully considered your initial proposal: > The different steps should be displayed as a timeline-view. > Maybe use numbers inside the circles and remove the lines? And while I very much like the idea of displaying the necessary steps in a concise, visual manner, I don't think the complexity of the SBGG allows for it. In principle, there are only three steps: 1. Registration of the name and gender marker change with a German civil office. 2. Making an appointment to submit the declaration, at least three months and no later than 6 months after the registration. 3. Signing the declaration in person at the German civil office. Unfortunately, these steps only apply to persons who are - German citizens - habitually residing in Germany (at the moment the declaration is made) - over the age of 18 - not legally incapable and under guardianship for this matter and can forsee at which civil office they will be able to make the declaration. If we start considering anyone to whom the above criteria don't apply, things quickly get complicated and can no longer be represented through a singular timeline. As an example, let's take a person who fulfills all of the above criteria except being a German citizen. In that case, they need to submit a declaration pursuant to Article 7a (2) EGBGB stating that they choose German law for the purpose of changing their gender marker. In addition, they need to submit a declaration pursuant to Article 7a (2) EGBGB stating that they choose German law for the purpose of changing their name in conjunction with or under the same requirements as a gender marker change, but only if they make the declaration pursuant to § 2 SBGG before May 1st 2025. After May 1st 2025, they don't need to make the second declaration as their habitual residence in Germany will already ensure that German law is applicable (due to the reform of Article 10 (1) EGBGB). But as a further exception, if they are a dual citizen and have chosen the application of the laws of another state of which they are also citizen pursuant to Article 10 (4) EGBGB for the purpose of determining their name, they will have to submit the second declaration. All this complexity arises if even one of the above criteria (citizenship) deviates from the norm. Now we can chip away at the criteria one by one to uncover the extreme complexity of the SBGG: - German citizens not habitually residing in Germany will need to make a declaration pursuant to Article 7a (2) EGBGB, but only the latter one of the two declarations described above, and only if they make the declaration pursuant to § 2 SBGG after May 1st 2025. - People under the age of 18 are further subdivided into two categories (14-17 and under 14). Persons aged 14-17 need to confirm that they have undergone consultation, while in the case of people under the age of 14, the legal guardian(s) must confirm to have undergone consultation. In the case of 14-17 year olds a court's approval is only necessary if the legal guardian(s) don't approve of the change, but in the case of under 14 year olds the court's approval is always necessary. The former group must make the declaration themselves, while only the legal guardian(s) can make the declaration for the latter group. Furthermore, persons under 6 must consent to the declaration and anyone under the age of 18 must be present at the civil office when the declaration is made. - In the case of persons considered legally incapable and under guardianship for this matter, only the guardian can make the declaration and they require the approval of the court - but the guardianship court rather than the family court. - If someone doesn't know where in Germany they will be, fulfilling the registration requirement becomes more complex (the solution would be to register with multiple civil offices in advance). The above list of examples is far from exhaustive and it's pretty much impossible to convey all those scenarios in a simple, visual manner. I therefore propose a different, more wiki-like structure: 1. A short overview of the key aspects of the process, including the registration and declaration process plus the relevant dates when the relevant statutes enter into effect (August 1st and November 1st), possibly aided by visual elements. The focus should be on conveying the most relevant information while using easily understandable language. 2. Multiple subpages covering individual topics, such as registration, declaration, eligibility and process for people who are not German citizens, etc. I'm realizing as I'm writing this comment that the first part could also be displayed as a timeline, but one that would only be applicable to a rather constrained group of persons, namely those fulfilling all the criteria outlined in the beginning of my comment. So this could still work, but it should be made clear to whom the timeline applies and to whom it doesn't. I'm open to writing explanations for both the overview and the more in-depth subpages once we have a clearer outline of the whole thing (what information should we put into the overview, what topics should we have individual pages for and how should we organize them). What do you think of this proposal? Apart from the aspects of the SBGG related to the new gender marker and name change procedure, there are many new provisions that affect the legal status of trans, inter and non-binary people that go beyond the status change process and also affect people who have used the existing TSG or § 45b PStG procedures. Should we highlight some of these changes (like the right to request a change of documents issued under a person's deadname) on the website, and if so, which ones and to what extend? This also leads me to a broader question: What do we want to cover on the website, and what should we consider out of scope? I'm looking forward to working with you! \- Emily

DrMaxNix commented

2024-04-29 13:39:30 +02:00

Author

Owner

Hey Emily!
For me this is also a thing I do in my free time, so I also don't have capacity all the time! @kimendisch actually is not a user account, but a so called "organization", which I use to separate my different projects.
My initial goal was to display to "normal way" (age 18, german citizen, etc.) as a simple timeline and then maybe have a few things that differ for other groups of people in some sort of a FAQ section.. But I didn't plan to cover every exceptional case, sadly I don't have the time for that..
But now that you offer to do research and writing work, I think this goal is able to change and I'd love to cover every single detail on the page!

I suggest we have an online meeting to discuss the general direction the page should move to.. But this is out of scope for this issue.. I think we should continue this discussion somewhere else.. Feel free to send me a mail to mail@kimendisch.de!

Hey Emily! For me this is also a thing I do in my free time, so I also don't have capacity all the time! @kimendisch actually is not a user account, but a so called "organization", which I use to separate my different projects. My initial goal was to display to "normal way" (age 18, german citizen, etc.) as a simple timeline and then maybe have a few things that differ for other groups of people in some sort of a FAQ section.. But I didn't plan to cover every exceptional case, sadly I don't have the time for that.. But now that you offer to do research and writing work, I think this goal is able to change and I'd love to cover every single detail on the page! I suggest we have an online meeting to discuss the general direction the page should move to.. But this is out of scope for this issue.. I think we should continue this discussion somewhere else.. Feel free to send me a mail to mail<span>@</span>kimendisch.de!

DrMaxNix commented

2024-04-29 13:46:54 +02:00

Author

Owner

I have created a new issue related to planning the general direction of that page in phase 2: #95

Explain how to use the SBGG #54