DOCSLIB.ORG

Review of the Gender Recognition Act 2004

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Review of the Gender Recognition Act 2004 Review of the Gender Recognition Act 2004 A Consultation November 2017 Structure Ministerial Foreword Glossary of terms Part 1. Introduction and how to respond to this consultation Part 2. The Gender Recognition Act 2004 Part 3. Reforming the legal gender recognition system in Scotland Part 4. Age of applicants Part 5. Marriage and Civil Partnership Part 6. Other aspects of the 2004 Act Part 7. Non-binary people Part 8. Conclusion Annexes A. Respondent Information Form B. Consultation questions C. Gender Recognition Act 2004 – additional information D. Scottish Government’s understanding of position in other countries E. Rights of people aged 18 and under F. Parental responsibilities and rights G. Equal opportunities - Scottish Parliament’s devolved powers H. A self-declaration system for legal gender recognition in Scotland I. Provisions of the 2004 Act J. Non-binary people – consequential legal impacts of Option 4 K. List of organisations sent the consultation paper L. Partial Business and Regulatory Impact Assessment M. Partial Child Rights and Wellbeing Impact Assessment N. Partial Equality Impact Assessment O. Partial Privacy Impact Assessment Ministerial foreword The Gender Recognition Act 2004 allows transgender people to apply to the Gender Recognition Panel to obtain legal recognition of their acquired gender. At the time, the 2004 Act was seen as ground-breaking. But it is now out of date. The Scottish Government believes the 2004 Act needs to be reformed and simplified. The requirements laid down in the 2004 Act are too intrusive and onerous. Our proposed reforms include removing requirements for applicants to provide medical evidence and to have lived in their acquired gender for two years before applying. Some requirements would remain, such as applicants having to provide a statutory declaration to confirm they fully understand the implications of their application and intend to live in their acquired gender for the rest of their lives. The 2004 Act extends across the United Kingdom. However, gender recognition is a devolved matter. As a result, legislation in this area is within the competence of the Scottish Parliament. We will though work closely with the UK Government on any potential consequential changes needed to reserved or cross-border legislation. For example, legislation may be needed to ensure mutual acceptance of Gender Recognition Certificates across the UK. This consultation proposes that the minimum age for applying for legal gender recognition should be reduced from 18 to 16. That is in line with the law in Scotland generally which provides rights for people at age 16 and protections up to age 18. The consultation also discusses what arrangements should be put in place in relation to applications by, or on behalf of, those aged under 16. And it seeks views on what recognition should be given to non-binary people, who do not identify as either male or female. In both of these areas, the consultation outlines a number of potential options, and seeks views. Reform of the 2004 Act is one of the major equality priorities for the Scottish Government. This consultation, with its associated partial Impact Assessments, carefully analyses the issues. I look forward to the responses. ANGELA CONSTANCE Cabinet Secretary for Communities, Social Security and Equalities Glossary of terms “2004 Act” – the Gender Recognition Act 2004. “acquired gender” – the 2004 Act describes this as the gender (either the “male gender” or the “female gender”) in which an applicant is living and seeking recognition. “devolved” – a matter devolved to the Scottish Parliament (for example marriage law). “gender dysphoria” – used to describe when a person experiences discomfort or distress because there is a mismatch between the sex they were assigned at birth and their gender identity. “gender identity” – a person’s internal sense of self and how they see themselves in terms of being a man or a woman, or being somewhere in between or beyond these categories (see non-binary below). “GRC” – a gender recognition certificate. Under the 2004 Act, a full GRC provides legal recognition of an applicant’s acquired gender. When a GRC is issued under the 2004 Act, the applicant’s legal sex also changes to male or female. “Gender Recognition Panel” – deals with applications for legal gender recognition made under the Gender Recognition Act 2004. “intersex” – a general term used for a variety of physical differences in which a person is born with a reproductive or sexual anatomy that doesn’t seem to fit the typical definitions of female or male. “non-binary” – an umbrella term for people who do not identify as men or women. “reserved” – a matter reserved to Westminster (for example pensions). “transgender” or “trans” – umbrella terms used to describe a diverse range of people who find that their gender does not fully correspond with the sex they were assigned at birth. Non-binary people can also be included under the trans umbrella, although some may not consider themselves as trans. Part 1. Introduction and how to respond to this consultation 1.01. The 2004 Act allows transgender people aged 18 and over to apply for legal recognition of their acquired gender and to change their legal sex accordingly. 1.02. This consultation seeks views on reforming the 2004 Act. The Scottish Government proposes to streamline the process for obtaining legal recognition and also to allow people aged 16 and over to apply. We are also seeking views about the options for people under 16 and for recognition of non-binary people. This consultation is about the legal process of obtaining legal gender recognition: it is not about the services provided in NHS Scotland to transgender people. 1.03. The Scottish Government has also committed to seeking views about how we should address the issues experienced by intersex people. There is a separate consultation for this purpose, which will be published at http://consult.scotland.gov.uk/. Why we are consulting 1.04. The Programme for Government 2016-20171 and Action 13 of the Fairer Scotland Action Plan2 set out the Scottish Government's commitment to consult on the reform of the Gender Recognition Act. 1.05. Consultation is an essential part of the policy-making process. We will consider the views expressed in response to this consultation along with other available evidence to help inform the Scottish Government’s decisions. Responding to this consultation 1.06. We are inviting responses to this consultation by 5pm on 1 March 2018. 1.07. Please respond to this consultation using the Scottish Government’s consultation platform, Citizen Space. You can view and respond to this consultation online at: https://consult.scotland.gov.uk/family-law/review- of-the-gender-recognition-act-2004. You can save and return to your responses while the consultation is still open. Please ensure that you submit your consultation response before 5pm on the closing date, 1 March 2018. 1 At http://www.gov.scot/programme2016. 2 At http://www.gov.scot/Publications/2016/10/9964/7. 1.08. If you are unable to respond online using Citizen Space, please submit your response by post. You must complete and return the Respondent Information Form at Annex A (see “Handling your Response” below) with your response. You can answer the Consultation Questions using Annex B Send your response and the completed Respondent Information Form to: Gender Recognition Review Room GW-15 St. Andrew’s House Regent Road Edinburgh EH1 3DG 1.09. We will not accept responses submitted by email. Handling your response 1.10. Please indicate how you wish your response to be handled and, in particular, whether you are happy for your response to published. 1.11. If you ask for your response not to be published, we will regard it as confidential, and we will treat it accordingly. 1.12. If the response comes from an organisation, we will indicate that the organisation has responded to the consultation. 1.13. The Scottish Government is subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise. Next steps in the process 1.14. Where respondents have given permission for their response to be made public, and after we have checked that they contain no potentially defamatory material, or offensive material, we will make responses available to the public at http://consult.scotland.gov.uk. If you use Citizen Space to respond, you will receive a copy of your response by email. 1.15. Following the closing date, all responses will be analysed and considered along with any other available evidence to help us. Responses will be published where we have been given permission to do so. Comments and complaints 1.16. If you have any comments about how this consultation exercise has been conducted, please send them by email to [email protected] or by hard copy to the address at paragraph 1.08 above. Scottish Government consultation process 1.17. Consultation is an essential part of the policy making process. It gives us the opportunity to consider your opinion and expertise on a proposed area of work. 1.18. You can find Scottish Government consultations online: http://consult.scotland.gov.uk. Each consultation details the issues under consideration, as well as a way for you to give us your views. 1.19. Consultations may involve seeking views in a number of different ways, such as public meetings, focus groups, or other online methods such as Dialogue (https://www.ideas.gov.scot). 1.20. Responses will be analysed and used as part of the decision making process, along with a range of other available information and evidence.
Load more

Recommended publications
  • Trans, Non-Binary and Intersex Equality: Policy and Guidance
    Trans, Non-Binary and Intersex Equality: Policy and Guidance Owner: Director of Human Resources Reviewed by: UR Pride Equality Network Equality Diversity and Inclusion Group Equality Diversity and Inclusion Committee Approved by: Council (26 November 2018) Senate (endorsed, 21 November 2018) Equality, Diversity and Inclusion Committee (endorsed, 08 November 2018) Review due date: September 2021 Update history: Committee Name(s) (Date(s)) Related policies This Policy and guidance should be read in conjunction with: Equality and Diversity Policy Dignity and Respect Policy and Procedures Data Protection Policy and Procedures Student Contract, Regulations Policies and Procedures Human Resources Guidance, Policies and Procedures Noted that this is list is not exhaustive 1 of 36 Contents Page Scope ...................................................................................................................................................... 3 Equality, Diversity and Inclusion ............................................................................................................. 3 1. Policy Statement ............................................................................................................................. 4 2. Definitions ........................................................................................................................................ 4 3. Introduction .....................................................................................................................................
    [Show full text]
  • A Critique of the Model of Gender Recognition and the Limits of Self‑Declaration for Non‑Binary Trans Individuals
    Law and Critique https://doi.org/10.1007/s10978-021-09286-y A Critique of the Model of Gender Recognition and the Limits of Self‑Declaration for Non‑Binary Trans Individuals Caterina Nirta1 Accepted: 30 January 2021 © The Author(s) 2021, corrected publication 2021 Abstract This article considers the model of recognition in the Gender Recognition Act 2004 (GRA) and, through a critique of the value of stability pursued through this legislation, argues that recognition as a model is incompatible with the variety of experiences of non-binary trans-identifed individuals. The article then moves on to analyse self-declaration, part of the proposed reform recently dismissed by the Government. While self-declaration contains provisions that would minimise the length of the process of recognition as well as the level of intrusiveness and stigma associated with it, this analysis highlights some fundamental theoretical concerns with its over-reliance on the strict dialectical logics on recognition and its structural inability to account for and respond to the challenges posed by non-binary trans individuals. Keywords Feminism · Gender recognition · Self-declaration · Transgender Introduction This paper ofers a theoretical critique of the model of recognition within the Gender Recognition Act (GRA) 2004. Despite plans to reform the GRA 2004 in England, Scotland and Wales which were ofcially abandoned by the Government in Septem- ber 2020, this paper seeks to critically reconsider the system of self-declaration taken into consideration in the dismissed proposal and, through a critique of the ideal of sta- bility pursed by this legislation, map out a temporality that is incompatible with the lived experiences of many non-binary trans-identifed individuals.
    [Show full text]
  • Moving Through the World As a Woman.Pdf
    This is a repository copy of Moving Through the World as a Woman. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/137409/ Version: Accepted Version Book Section: Pearce, R orcid.org/0000-0002-9285-303X (2019) Moving Through the World as a Woman. In: Crimmins, G, (ed.) Strategies for Resisting Sexism in the Academy: Higher Education, Gender and Intersectionality. Palgrave Studies in Gender and Education . Palgrave Macmillan , pp. 17-34. ISBN 978-3-030-04851-8 https://doi.org/10.1007/978-3-030-04852-5 (c) The Editor(s) (if applicable) and The Author(s) 2019. This is an author produced version of a book chapter from Strategies for Resisting Sexism in the Academy. Uploaded in accordance with palgrave macmillan self-archiving policy. Reuse Items deposited in White Rose Research Online are protected by copyright, with all rights reserved unless indicated otherwise. They may be downloaded and/or printed for private study, or other acts as permitted by national copyright laws. The publisher or other rights holders may allow further reproduction and re-use of the full text version. This is indicated by the licence information on the White Rose Research Online record for the item. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ Moving through the world as a woman to delimit the purview of inquiry.
    [Show full text]
  • Gender Recognition: Where Next?
    GENDER RECOGNITION: WHERE NEXT? Introduction “The fact that only a few thousand people have received a GRC after ten years, and that that number is comparable to the number of people in total currently on NHS GIC waiting lists, is a big sign that something is very wrong with the GRA.” This report summarises the findings of a survey undertaken during November and December 2015 in collaboration with the Non-Binary Inclusion Project. The survey, entitled ‘Replace the GRC – but how?’ was created in response to calls for reform of the Gender Recognition Act 2004, in the wake of a Transgender Equality Inquiry conducted by the UK Parliament’s Women and Equalities Committee. The survey consisted of four questions, and a comment box for additional suggestions. All questions were open-ended, with respondents encouraged to answer as they saw fit. This report unpacks a number of key themes identified from responses to the survey. These findings do not necessarily reflect a consistent viewpoint, nor the views of UK Trans Info. However, we anticipate that they will be of use in considering possible approaches to the revision or replacement of the Gender Recognition Act (GRA) and Gender Recognition Certificate (GRC). Findings Burdens of the existing system “The idea that I will have to wait 2 years, pay at least £150, gather evidence, and then submit an application to a panel of people (usually clinicians, possibly not even with lived experience of being trans) who will never meet me yet have the power to decide whether I suitably fit their idea of gender, is humiliating, exhausting and exceedingly unfair.” The application process The majority of respondents noted multiple problems contained within, or resulting from, the current gender recognition system.
    [Show full text]
  • Transgender Workplace Support Guide
    Transgender Workplace Support Guide This guide is a product of the Transgender Workplace Support Project that was delivered in partnership by NHS Lothian Health Promotion Service and LGBT Health and Wellbeing. This first version was published in June 2016 Table of Contents Introduction ........................................................................................... 5 10 Top Tips for Transgender Employees ............................................ 6 10 Top Tips for Employers ................................................................... 7 10 Top Tips for Human Resources ...................................................... 8 Thinking about Gender ......................................................................... 9 What is gender? .................................................................................................... 9 Transitioning ....................................................................................................... 10 Transsexual People ............................................................................................ 11 Non-binary People .............................................................................................. 11 Legislation ........................................................................................... 12 Equality Act 2010 ................................................................................................ 12 Public Sector Equality Duty .....................................................................................................
    [Show full text]
  • Reform of the Gender Recognition Act – Government Consultation
    Reform of the Gender Recognition Act – Government Consultation Presented to Parliament by the Minister for Women and Equalities by Command of Her Majesty July 2018 © Crown copyright 2018 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at LGBT Policy Team Government Equalities Office Sanctuary Buildings Great Smith Street London SW1P 3BT ISBN 978-1-78655-659-2 07/18 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office Contents Reform of the Gender Recognition Act: Consultation Document Ministerial Foreword ................................................................................................... 2 About this Consultation .............................................................................................. 4 Terminology ............................................................................................................... 7 Executive Summary ................................................................................................. 10 Introduction .............................................................................................................
    [Show full text]
  • Gender Recognition Act 2004
    Gender Recognition Act 2004 Abstract This paper provides background briefing on the Gender Recognition Act 2004, the process of applying for a Gender Recognition Certificate and highlights some of the areas where the issue of a certificate will have a potential impact. August 2005 Members’ Research Service / Gwasanaeth Ymchwil yr Aelodau Members’ Research Service: Research Paper Gwasanaeth Ymchwil yr Aelodau: Papur Ymchwil Gender Recognition Act 2004 Ross Davies August 2005 Paper number: 051824/RD © Crown copyright 2005 Enquiry no: 051824/RD Date: August 2005 This document has been prepared by the Members’ Research Service to provide Assembly Members and their staff with information and for no other purpose. Every effort has been made to ensure that the information is accurate, however, we cannot be held responsible for any inaccuracies found later in the original source material, provided that the original source is not the Members’ Research Service itself. This document does not constitute an expression of opinion by the National Assembly, the Welsh Assembly Government or any other of the Assembly’s constituent parts or connected bodies. Members’ Research Service: Research Paper Gwasanaeth Ymchwil yr Aelodau: Papur Ymchwil Executive Summary Previously, transsexual people were not recognised in their acquired gender under the law. Following two judgements in the European Court of Human Rights, the UK Government was obliged to arrange for the law to be amended, to give transsexual people legal recognition in their acquired gender, including inter alia, the right to marry. Under the provisions of the Gender Recognition Act 2004 transsexual people who can demonstrate that they have taken decisive steps to live fully and permanently in their acquired gender, acquire the rights and entitlements appropriate to that gender.
    [Show full text]
  • Morgan, Sylvia (2017) Constructing Identities, Reclaiming Subjectivities, Reconstructing Selves: an Interpretative Study of Transgender Practices in Scotland
    Morgan, Sylvia (2017) Constructing identities, reclaiming subjectivities, reconstructing selves: an interpretative study of transgender practices in Scotland. PhD thesis. http://theses.gla.ac.uk/8073/ Copyright and moral rights for this work are retained by the author A copy can be downloaded for personal non-commercial research or study, without prior permission or charge This work cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given Glasgow Theses Service http://theses.gla.ac.uk/ [email protected] Constructing identities, reclaiming subjectivities, reconstructing selves: an interpretative study of transgender practices in Scotland A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy By Sylvia Morgan (M.Litt, M.Ed) School of Social and Political Sciences, The College Social Sciences University of Glasgow, Scotland January 2017 Author’s Declaration I declare that the original work presented in this thesis is the work of the author Sylvia Morgan. I have been responsible for all aspects of the study unless where explicit reference is made to the contribution of others. This work has not been submitted for any other course or qualification on a previous occasion to University of Glasgow or any other institution. Sylvia Morgan Signed: ……………………………………………… Date:……………………………………………….. ABSTRACT This thesis provides a sociologically informed understanding of the intersubjective meanings of historical and emergent transgender identities and practices in Scotland.
    [Show full text]
  • Trans Issues and Later Life
    Factsheet 16 Trans issues and later life July 2021 About this factsheet This factsheet provides information about later life for trans people. The main focus is on growing older for people who have transitioned and live permanently in their affirmed gender. It also provides information for people in later life who are thinking about gender reassignment. The factsheet covers a range of legal, financial and social care issues. It includes a guide to terminology and details of where to go for further information and support. Terminology used by trans people to describe their experiences and identities is varied and changes over time. We are committed to reflecting this diversity but recognise that terms used in this factsheet may vary in their usage or become outdated. The information in this factsheet is applicable to England and Wales. If you are in Scotland or Northern Ireland, please contact Age Scotland or Age NI for information. Contact details are at the back of the factsheet. Age UK Advice can give you contact details for a local Age UK in England. In Wales, call Age Cymru Advice. Contact details for any organisation mentioned in this factsheet can be found in the Useful organisations section. Page 1 of 32 Contents 1 Recent developments 4 2 Who is trans? 4 3 Trans and other gender identities 5 3.1 Transsexual people 5 3.2 People who cross-dress 6 3.3 Non-binary people 6 4 Transitioning in later life 7 5 The transitioning process 7 5.1 Transition and hormones 9 5.1.1 The trans man’s transition 9 5.1.2 The trans woman’s transition
    [Show full text]
  • Gender Recognition Guide
    UK LEGAL GENDER RECOGNITION HOW TO GET A GENDER RECOGNITION CERTIFICATE UNDER THE GENDER RECOGNITION ACT 2004 Key to colours used Most of this guide applies to everyone, but some parts are specific to certain countries. We highlight these sections using text but also colours: Red sections are specific to people who are living in England or Wales, or sometimes to people who entered into a marriage or civil partnership in England or Wales. Blue sections are specific to people who are living in Scotland, or sometimes to people who entered into a marriage or civil partnership in Scotland. Green sections are specific to people who are living in Northern Ireland, or sometimes to people who entered into a marriage or civil partnership in Northern Ireland. Purple sections are specific to people who are living outside of the UK (including the Channel Islands and the Isle of Man), or sometimes to people who entered into a marriage or civil partnership outside of the UK. This guide was made by UK Trans Info, a national organisation that works to improve the lives of trans and non-binary people in the UK through advocacy, campaigning, information and support. www.uktrans.info This guide was funded by Scottish Transgender Alliance, the Equality Network project to improve gender identity and gender reassignment equality, rights and inclusion in Scotland. www.scottishtrans.org 2 UK LEGAL GENDER RECOGNITION Contents Introduction .............................................................................................................................. 4 What is gender recognition? ................................................................................................. 5 What are the legal effects of gender recognition? ........................................................... 6 What if you already have your gender recognised in another country? ....................
    [Show full text]
  • Transgender Persons' Rights in Transgender
    DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS TRANSGENDER PERSONS' RIGHTS IN THE EU MEMBER STATES NOTE Abstract The paper presents the specific situation of transgender people in the 27 Member States of the European Union. It gives an overview of the existing EU legislation applying to transgender persons and lists the specific human rights issues that they face. PE 425.621 EN This document was requested by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs. AUTHOR Ms Cristina CASTAGNOLI RESPONSIBLE ADMINISTRATOR Ms Cristina CASTAGNOLI Policy Department C - Citizens' Rights and Constitutional Affairs European Parliament B-1047 Brussels E-mail: [email protected] LINGUISTIC VERSIONS Original: EN ABOUT THE EDITOR To contact the Policy Department or to subscribe to its newsletter please write to: [email protected] [email protected] Manuscript completed in November 2010. © European Parliament, Brussels 2010. This document is available on the Internet at: http://www.ipolnet.ep.parl.union.eu/ipolnet/cms DISCLAIMER The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorized, provided the source is acknowledged and the publisher is given prior notice and sent a copy. Transgender persons' Rights in the EU Member States TABLE OF CONTENTS TABLE OF CONTENTS 3 Introductory remarks and methodology 4 1. DEFINITIONS 4 1.1. Definitions matter 5 2. EU ANTI-DISCRIMINATION LEGISLATION 6 2.1.
    [Show full text]
  • Somerset Transgender Inclusivity Guidance
    Somerset Transgender Inclusivity Guidance Supporting transgender and gender questioning young people in educational settings in Somerset. Contents Page no. 3 Forward and Acknowledgments 5 Introduction 6 Understanding Gender Identity 7 What Transgender means For you 8 Why is this guidance needed? 8 Local Context 9 National Context 10 Transition 11 Key Legislation 11 Equality Act 2010 12 Common Inspection Framework 12 Human Rights Act 12 Gender Recognition Act 13 What Somerset young people had to say 14 Practical guidelines to support young people who identiFy as transgender 14 Name change and pronoun 15 School UniForm 15 Toilets 16 Physical Education and Sport 17 ConFidentiality 18 Exam CertiFicates 18 Medical Appointments 19 Residential Trips 19 Vaccinations 20 Promoting transgender inclusivity (pull out poster page) 21 Glossary 2 Foreword and Acknowledgements With many thanks to the young people of 2BU-Somerset for talking to us about their experiences with courage and resilience; for being role models, sharing feelings and describing events for the purpose of this guidance. This input has been invaluable in ensuring that we can make a positive difference for young people moving forward. To those of you who insisted that such a document exists for Somerset (Other guidance in other areas are available), to the young people who talked to us about their experiences in our schools and colleges, for the positive and not so positive stories you have shared not only with us to write this document, but also with your peers and other professionals standing up as role models for others… You inspire us all. It is our hope that this guidance serves as a conversation starting point.
    [Show full text]