A LEGAL STUDY ON THE ABSENCE OF LEGAL GENDER RECOGNITION IN THE LAO PEOPLE’S DEMOCRATIC REPUBLIC

Abstract

This research investigates the legal gap in the Lao People's Democratic Republic (Lao PDR) concerning the absence of legal gender recognition (LGR) for individuals whose gender identity differs from their sex assigned at birth. While gender identity is increasingly recognized under international human rights standards, Lao PDR lacks legal mechanisms that allow transgender or non-binary individuals to amend gender markers on official documents, including identification cards and civil registries. This absence contributes to discrimination, exclusion from legal protections, and violations of human dignity.

The study employs doctrinal legal research to examine relevant Lao legislation-such as the Constitution, Civil Registration Law, and Family Law-and evaluates their alignment with international obligations under treaties including the ICCPR and CEDAW. A comparative analysis with legal systems in Argentina, Malta, India, Nepal, and Thailand highlights diverse models for LGR, especially those based on self-declaration.

Findings show that Lao law reinforces binary sex norms and offers no administrative or judicial procedures for gender recognition, thus falling short of meeting fundamental human rights standards. The study recommends legal reforms to introduce gender recognition legislation based on self-identification, revise administrative laws to enable gender marker changes, and implement state-level policies that support awareness and non-discrimination. These proposals aim to harmonize Lao domestic law with international human rights commitments and promote inclusive legal frameworks.