The gender recognition act 2004 received royal assent on 1 july 2004. Gray, carolynn 2016 a critique of the legal recognition of. Text created by the government department responsible for the subject matter of the act to explain what the act sets out to achieve and to make the act accessible to readers who are not legally qualified. We did not answer every question in the consultation. The gender recognition act 2004 aimed to safeguard the privacy of transsexual people by defining information in relation to the gender recognition process as protected information. Rebecca bull gender recognition and legal sex change once a person has a gender recognition certificate grc their gender becomes for all purposes the acquired gender in line with section 91 gender recognition act 2004. Recently, proposed amendments to the gender recognition act that would extend legal rights to medically nontransitioning trans people and nonbinary people have been rigorously attacked from across the political spectrum, leading to increased harassment of trans people and a greater sense of precariousness for many already marginalised within. It does not allow legal gender recognition for nonbinary people, who do not identify. However, there has been substantial international progress on trans rights over the last decade and the g ender recognition act is now outmoded and urgently in need of reform.
This consultation, therefore, does not consider the question of whether trans people exist or whether they have the right to legally change their gender. Applicants to the gender recognition panel are required to supply evidence from a medical practitioner in support of their application. We are seeking your views on how best to reform the gender recognition act 2004. Section 4 of the act requires that where a panel has granted an application to a.
An act may extend over a period of time if it takes the form of some policy, rule or practice. The vast majority of transgender people do not have legal gender recognition and remain legally the sex they were born. We have read with interest the consultation document concerning the gender recognition act 2004 and note that the minister is particularly interested in hearing from inter alia religious bodies. In its day the gra, and the access it provided to a new birth certificate, was considered groundbreaking, but the world has moved on. Feminist and trans perspectives on identity and the uk. Following the introduction of the gender recognition act 2004, the applicants who had undergone gender reassignment surgery made an application for the issue of a gender recognition certificate, which could not be obtained unless they terminated. Reform of the gender recognition act government consultation a response from the church of england. The scottish government believes the 2004 act needs to be reformed and simplified.
Jul 03, 2018 the consultation focuses on the gender recognition act 2004. The scottish government believes the 2004 act needs to. Gender recognition bill 2004 hansard records mumsnet. In 2016 the women and equalities select committee heard evidence from trans, nonbinary and non gender people who are directly affected by the shortcomings of the gender recognition act 2004 gra. Response of the equality and human rights commission to. The gender recognition act 2004 and transgender peoples legal. Feminism and the gender recognition act 2004 request pdf.
The ukwide 2004 gender recognition act allowed transgender people to apply for legal recognition of the gender in which they have lived without undergoing either gender reassignment surgery or. Read this guide to help you decide if you want to apply for a gender recognition certificate under the gender recognition act 2004. Obtaining the necessary documents to prove someone has been living as who they are for two years creates additional financial barriers. In specified circumstances, section 224 of the gender recognition act 2004 permits the disclosure of what would otherwise be protected information about an individual who has applied for a gender recognition certificate. Legal recognition follows from the issue of a full gender recognition certificate by a gender recognition panel. Jan 30, 2017 the gender recognition act 2004 the act provides transsexual people with the opportunity to obtain legal recognition in their acquired gender. Feminism and the gender recognition act 2004 springerlink. Response to the scottish governments consultation on. Formerly one of the european states most resistant to social change in this area, the uk now occupies pole position among progressive states willing to legally recognise the sex claims of transgender people. The gender recognition act 2004 gra the gra legislation provides a mechanism to allow trans people to obtain recognition for all legal purposes to their preferred gender role. Mayor of londons consultation response on the reform of the gender recognition act 2004 5 question 8 q. Fb link which is still there today is the launch of the scottish government consultation on improving the gender recognition act 2004. Gender recognition certificates are issued by the gender recognition panel part of the tribunal service.
It asks whether and how the gender recognition act should be amended in relation to the law in scotland. The gender recognition act 2004 legal recognition i or the shift. There are changes that may be brought into force at a future date. Consequences of issue of gender recognition certificate etc. This consultation does not consider the question of. Gender recognition act 2004 gender identity research.
Gender recognition act 2004 protected information relating. The gender recognition act 2004 gra governs how trans people can have their identity legally recognised. The process it introduced is demeaning and intrusive to trans people, and it provides no scope for recognition of nonbinary. Pdf feminism and the gender recognition act 2004 ralph. Some states consider the issue to be one of simply applying existing human rights standards, because the principles of universality and. Is the gender recognition act 2004 as important as it seems.
In some circumstances it may not be possible to gather sufficient evidence that would be deemed acceptable by the gender recognition panel due to lack of funds. Recognition act 2004 chapter 7 text 1 introduction gender recognition act 2004 chapter 7 by enid blyton dec 07 2019 pdf gender recognition act 2004 chapter 7 gender recognition act 2004 2004 chapter 7 an act to make provision for and in connection with change ofbuy gender recognition act 2004 elizabeth ii chapter 7 by great britain isbn. The gender recognition act has implications throughout campus, particularly in areas where we organize by gender in binary ways. The opposite of sex is politics the uk gender recognition act and why it is not perfect, just like you and me article pdf available in journal of gender studies 153. The gender recognition act 2004 allows transgender people to apply to the gender recognition panel to obtain legal recognition of their acquired gender. The gender recognition act 2004 department of health.
The gender recognition act 2004 only allows a trans person to be recognised as a man or a woman. This paper challenges a view of the gender recognition act 2004 as involving an unequivocal shift from the concept of sex to the concept of gender in laws understanding of the distinction between male and female. This predated civil partnerships and now of course we have equal marriage, which makes much of the original intention of the gra redundant. Until the gender recognition act gra came into force in 2004 trans. The scottish government launched a consultation on reforming the gender recognition act 2004 on 9 november 2017. Review of the gender recognition act 2004 it is really important for as many people as possible to submit a response to the scottish governments consultation on gender recognition. Part 1 brian dempsey examines the gender recognition act 2004 p art one of this article explains the pressures for, and terms of, recent law reform relating to transsexual1 people in the uk. Those changes will be listed when you open the content using the table of contents below. Gender recognition act consultation response final 10. T455 the general guide for all users gender recognition act 2004.
As the scottish government has recognised, the gender recognition act 2004 is far remo ved from reflecting. Transgender and your rights under the gender recognition act 2004. The gender recognition act 2004 is an act of the parliament of the united kingdom that allows. Transgender and your rights under the gender recognition.
Review of the gender recognition act 2004 the scottish. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. The general guide for all users gender recognition act 2004. Discussed in the 2017 labour party manifesto, the issue is now being talked about by the ruling conservatives, who have pledged a consultation on the legislation to be included in a gender recognition bill.
The transsexual person can apply to the governments gender recognition panel for a gender recognition certificate. Feminist and trans perspectives on identity and the uk gender recognition act introduction trans theory is emerging rapidly as an influential set of perspectives within gender and feminist studies. The paper then proceeds to explain and analyse, using feminist perspectives, key aspects of the gender recognition act 2004 in the light of the recent caselaw concerning the rights of trans persons. The effect of section 224e is that protected information may be. Gender recognition act 2004 and this guidance, but people in this. Government to update the 2004 gender recognition act bbc news. For example, many parts of employment processes, housing, sports facilities, payroll systems, and recreational areas are designated by gender in a binary way men and. Heres why critics of trans law reform are mistaken. Explanatory notes were introduced in 1999 and accompany all public acts except appropriation, consolidated fund, finance and consolidation acts. A key field for this debate has been around the uk gender recognition act gra of 2004 and the current proposal to consult on changes to the act which would make it easier for trans people to have their gender recognised by law, through selfdeclaration. Page 26, line 4, at end insert notwithstanding any other provisions of the gender recognition act 2004, no two persons each possessing xx chromosomes nor each possessing xy chromosomes, nor each possessing genitalia appropriate to the same sex, may be married the one to the other.
Have been under medical supervision and assessed as. The gender recognition act 2004 allows transgender people to apply to the. While the act does move in the direction of gender, and ostensibly in an obvious way through abandoning surgical preconditions for legal recognition, it will be argued that the act. A trans person over the age of 18 can apply for a gender recognition certificate. Since its introduction there have been approximately 4,500 gender recognition certificates grc issued. Some thoughts on reforms to the gender recognition act. The act contains various requirements on the secretary of state to consult the scottish ministers and the department of finance and personnel in northern ireland but not the national assembly for wales.
Although a feat for transgendered people, the passing of the act however, was not met without criticism. If you want to support the calls of the scottish trans alliances equal recognition campaign, you dont. The ability of a person to live as their desired sex, regardless of surgery, is a right now conferred by the gender recognition act 2004. There are outstanding changes not yet made by the legislation. We are not proposing any amendments to the equality act 2010. This consultation does not consider the question of whether trans people. The gender recognition act 2004 gra press for change. The gender recognition act 2004 has been hailed as radical1 and groundbreaking2 legislation and it can clearly be considered to be a successful piece of legislation because between coming into force on 4 april 2005 and the third quarter of financial year 2014.
Any changes that have already been made by the team appear in the content and are referenced with annotations. Gender recognition act 2004 the gender recognition act allows trans people to change their legal gender. Birth certificates are legal documents and there are many reasons why. Our role as the office of the children and young peoples commissioner scotland is to protect and safeguard the human rights of children and young people in scotland, with particular. Gender recognition act 2004 reform and young people. Part two will look at the criticisms of the gender recognition bill from. Mayor of londons consultation response on the reform of the gender recognition act 2004. The gender recognition act 2004 is the legal framework by which a transgender person can have their preferred gender legally recognised. Faqs on the california gender recognition act what is the. The gender recognition act 2004 fair play for women. Applicants to the gender recognition panel are required to supply evidence from a medical practitioner in. Ca gender recognition act creates nonbinary gender for all people of california. A do you think the fee should be removed from the process of applying for. Gray, carolynn 2016 a critique of the legal recognition.
The purpose of the act is to provide transsexual people with legal recognition in their acquired gender. Information sharing the gender recognition act 2004 nhs. The gender recognition act 2004 created a process to enable transsexual people to get their uk birth certificates and legal gender changed. The gender recognition act 2004 provides full legal recognition of transsexual people in their acquired gender status. Gender recognition act 2004 national assembly for wales.
Gender recognition act 2004 1 background the purpose of the gender recognition act is to provide transsexual people with legal recognition in their acquired gender. Gender recognition act 2004 was a notable step forward in the journey towards transgender equality, it is now considerably dated and in dire need of reform. This article critiques recent uk transgender law reform. A critique of the gender recognition act 2004 springerlink. Number 25 of 2015 gender recognition act 2015 an act to recognise change of gender. The gender recognition act 2004 is to be welcomed in many respects. Gender recognition act 2004 2004 chapter 7 an act to make provision for and in connection with change of gender. The effect of legal recognition will be that a transsexual person gains the legal rights and responsibilities appropriate to the acquired gender. The paper concludes that it is currently not clear whether formal recognition of gender identity by the state from the age of 16 is in the best interests of young people, and that greater emphasis should be placed on welfare principles. Application for a gender recognition certificate overseas legal recognition application gender recognition act 2004 pdf, 318kb, 14 pages this file may not be suitable for users of assistive. The act means that people who have taken decisive steps to change their gender role permanently are afforded all the same rights and responsibilities as other citizens in their new gender.
Legal recognition will follow from the issue of a full gender recognition certificate by a gender recognition panel who, before issuing a. Revised legislation carried on this site may not be fully up to date. Jan 01, 2019 this revised act is an administrative consolidation of the gender recognition act 2015. Gender recognition act 2004 is up to date with all changes known to be in force on or before 27 august 2019. The requirements laid down in the 2004 act are too intrusive and onerous. A critique of the gender recognition act 2004 researchgate.
For purposes of obtaining a new birth certificate under the provisions above, the bill would delete the requirement that an applicant have undergone any treatment, and instead would authorize a person to submit to the state registrar an application to change gender on the birth certificate and an affidavit attesting, under penalty of perjury. This research will examine one type of official identity the birth certificate and how the ability to alter such a document, after the enactment of the gender recognition act 2004 in the. Prior to its implementation, the estimated 5000 transsexual people. Equality and huma n rights commission response to the. What links here related changes upload file special pages permanent link page information wikidata item. Guide to supporting patients accessing specialist gender identity services section 5. Anyone who acquires that information in an official capacity may be breaking. Angela constance msp cabinet secretary for communities.
At the time, the 2004 act was seen as groundbreaking. The example given in the act is a group counselling session provided for female victims of sexual assault. This was groundbreaking in its time its now seriously out of date and needs reform. Been living permanently in their preferred gender role for at least 2 years, and, 2.
A critique of the legal recognition of transsexuals in uk law carolynn gray ll. Pdf restricted to repository staff only until february 2022. Nov 11, 2017 now, norman tebbitt is not having any of it, right, so in response to the gender recognition act, he says, he gives a very good definition of gender as socially constructed and says, in your act youve got it confused, right, it should say sex and youve got gender. A persons legal sex, as recorded on their birth certificate, can only be changed if they apply for a gender recognition certificate to change it legally. According to section 127 magistrates court act 1980 states that for all summary offences, which includes offences under s22 of the gender recognition act 2004, the information for a prosecution must be laid within six calendar months of the commission of the offence, except where any other act expressly provides otherwise. Incidentally, the abortion act is also 50 this year, making it 37 years older than the gender recognition act. At the moment, trans people have to endure a long and demeaning process to prove their gender identity. The consultation focuses on the gender recognition act 2004.
The commission considers that a simplified system for obtaining legal recognition of gender through a change in legal sex would better support trans people. The bill proposes to provide legal recognition in the acquired gender to those transsexual people who have taken decisive steps to live fully and permanently in that gender. Rights, capacity and welfare dr kath murray february 2019 updated march 2019 introduction this paper examines issues raised by proposed changes to the gender recognition act 2004 gra in scotland in relation to. Do you think there should be a requirement in the future for a. Gender recognition act 2004 is up to date with all changes known to be in force on or before 20 april 2020. M, pgcerttlhe, fhea submitted in fulfilment of the requirements for the degree of phd school of law college of social sciences university of glasgow february 2016. Jul 24, 2017 the consensus is that the 2004 act is outdated, and new legislation would be a fitting way to mark 50 years since the partial decriminalisation of homosexuality.
Back in 2004, for all its flaws, the gender recognition act marked a significant step forward for the rights of trans women and trans men. Response to government consultation on the gender recognition act 2004 from rights of women october 2018 note. Section 22 of the act provides that it is an offence for person who has acquired protected information in an official capacity to disclose the information to any other person. This is achieved by presenting a discussion of trans peoples marginalisation and citizenship before critiquing related legislation and policy including the gender recognition act 2004 and the. This paper argues, first, that the legal construction of transsexualism is a matter of interest, not only to members of the trans community, but to all students of gender, including feminists. The gender recognition act 2004 the act provides transsexual people with the opportunity to obtain legal recognition in their acquired gender. This is because the uk is, at least ostensibly, the first state. Iirc the 2004 act was based on a not unreasonable echr case to do with a trans persons right to marry.
1626 7 692 62 1415 379 4 1494 1513 1097 1513 1326 300 1216 159 310 424 144 667 1287 918 1404 702 152 1632 666 1678 369 12 1336 1094 655 118 505 1171 268 1224 874 926 1159 1313 1496 535 420 68