The gender recognition act 2004 gra press for change. This article critiques recent uk transgender law reform. 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. If you want to support the calls of the scottish trans alliances equal recognition campaign, you dont. Gray, carolynn 2016 a critique of the legal recognition of. 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. 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 Jul 24, 2017 the consensus is that the 2004 act is outdated, and new legislation would be a fitting way to mark 50 years since the partial decriminalisation of homosexuality. 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 critique of the legal recognition of transsexuals in uk law carolynn gray ll.
Response of the equality and human rights commission to. Feminism and the gender recognition act 2004 springerlink. What links here related changes upload file special pages permanent link page information wikidata item. Gender recognition act 2004 the gender recognition act allows trans people to change their legal gender. The effect of legal recognition will be that a transsexual person gains the legal rights and responsibilities appropriate to the acquired gender. 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. 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. Gender recognition act 2004 is up to date with all changes known to be in force on or before 20 april 2020. The process it introduced is demeaning and intrusive to trans people, and it provides no scope for recognition of nonbinary. The gender recognition act 2004 the act provides transsexual people with the opportunity to obtain legal recognition in their acquired gender.
Prior to its implementation, the estimated 5000 transsexual people. Birth certificates are legal documents and there are many reasons why. Response to government consultation on the gender recognition act 2004 from rights of women october 2018 note. 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. 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.
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. 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. Number 25 of 2015 gender recognition act 2015 an act to recognise change of gender. Information sharing the gender recognition act 2004 nhs. Ca gender recognition act creates nonbinary gender for all people of california. It does not allow legal gender recognition for nonbinary people, who do not identify. The scottish government believes the 2004 act needs to. Legal recognition follows from the issue of a full gender recognition certificate by a gender recognition panel. 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. 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. The requirements laid down in the 2004 act are too intrusive and onerous.
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. The general guide for all users gender recognition act 2004. Anyone who acquires that information in an official capacity may be breaking. 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. The gender recognition act 2004 is the legal framework by which a transgender person can have their preferred gender legally recognised.
The gender recognition act 2004 created a process to enable transsexual people to get their uk birth certificates and legal gender changed. This predated civil partnerships and now of course we have equal marriage, which makes much of the original intention of the gra redundant. Gender recognition act 2004 reform and young people. An act of discrimination which extends over a period of time is treated as having been done at the end of that period.
Pdf restricted to repository staff only until february 2022. The gender recognition act has implications throughout campus, particularly in areas where we organize by gender in binary ways. At the moment, trans people have to endure a long and demeaning process to prove their gender identity. The gender recognition act 2004 allows transgender people to apply to the.
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. There are changes that may be brought into force at a future date. We are not proposing any amendments to the equality act 2010. 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. Fb link which is still there today is the launch of the scottish government consultation on improving the gender recognition act 2004. The scottish government believes the 2004 act needs to be reformed and simplified. Any changes that have already been made by the team appear in the content and are referenced with annotations. 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. Applicants to the gender recognition panel are required to supply evidence from a medical practitioner in.
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. Gender recognition bill 2004 hansard records mumsnet. Since its introduction there have been approximately 4,500 gender recognition certificates grc issued. Revised legislation carried on this site may not be fully up to date. Although a feat for transgendered people, the passing of the act however, was not met without criticism. Response to the scottish governments consultation on. Read this guide to help you decide if you want to apply for a gender recognition certificate under the gender recognition act 2004.
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. Guide to supporting patients accessing specialist gender identity services section 5. 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. 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. 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. The gender recognition act 2004 only allows a trans person to be recognised as a man or a woman. The gender recognition act 2004 legal recognition i or the shift. Feminism and the gender recognition act 2004 request pdf. The gender recognition act 2004 allows transgender people to apply to the gender recognition panel to obtain legal recognition of their acquired gender. This consultation does not consider the question of whether trans people. Gender recognition act 2004 and this guidance, but people in this. The commission considers that a simplified system for obtaining legal recognition of gender through a change in legal sex would better support trans people. Do you think there should be a requirement in the future for a.
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. The gender recognition act 2004 is to be welcomed in many respects. This consultation does not consider the question of. This is because the uk is, at least ostensibly, the first state. Have been under medical supervision and assessed as. Those changes will be listed when you open the content using the table of contents below. The consultation focuses on the gender recognition act 2004. The gender recognition act 2004 is an act of the parliament of the united kingdom that allows. 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. Government to update the 2004 gender recognition act bbc news. Mayor of londons consultation response on the reform of the gender recognition act 2004. At the time, the 2004 act was seen as groundbreaking.
T455 the general guide for all users gender recognition act 2004. A critique of the gender recognition act 2004 springerlink. 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. 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. Review of the gender recognition act 2004 the scottish. The gender recognition act 2004 received royal assent on 1 july 2004. The gender recognition act 2004 gra governs how trans people can have their identity legally recognised. We are seeking your views on how best to reform the gender recognition act 2004. Jan 01, 2019 this revised act is an administrative consolidation of the gender recognition act 2015. The gender recognition act 2004 department of health. Mayor of londons consultation response on the reform of the gender recognition act 2004 5 question 8 q. Gender recognition act 2004 national assembly for wales.
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. Gender recognition certificates are issued by the gender recognition panel part of the tribunal service. Incidentally, the abortion act is also 50 this year, making it 37 years older than the gender recognition act. 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. As the scottish government has recognised, the gender recognition act 2004 is far remo ved from reflecting. Heres why critics of trans law reform are mistaken. 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. 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. The example given in the act is a group counselling session provided for female victims of sexual assault. Gender recognition act consultation response final 10. 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.
Some thoughts on reforms to the gender recognition act. 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. Reform of the gender recognition act government consultation a response from the church of england. Been living permanently in their preferred gender role for at least 2 years, and, 2. 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. 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. 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. Part two will look at the criticisms of the gender recognition bill from. Obtaining the necessary documents to prove someone has been living as who they are for two years creates additional financial barriers. 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. This was groundbreaking in its time its now seriously out of date and needs reform. The scottish government launched a consultation on reforming the gender recognition act 2004 on 9 november 2017.
Explanatory notes were introduced in 1999 and accompany all public acts except appropriation, consolidated fund, finance and consolidation acts. Jan 30, 2017 the gender recognition act 2004 the act provides transsexual people with the opportunity to obtain legal recognition in their acquired gender. 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. There are 4 elements that require compliance to succeed in an application. Gender recognition act 2004 protected information relating. The purpose of the act is to provide transsexual people with legal recognition in their acquired gender. Transgender and your rights under the gender recognition act 2004.
A do you think the fee should be removed from the process of applying for. 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. We did not answer every question in the consultation. Gender recognition act 2004 is up to date with all changes known to be in force on or before 27 august 2019. The effect of section 224e is that protected information may be. The transsexual person can apply to the governments gender recognition panel for a gender recognition certificate. 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. Gray, carolynn 2016 a critique of the legal recognition. Prosecuting breaches of section 22 of the gender recognition act 2004 as potential hate crimes alison plant, deputy operational policy advisor the gender recognition act 2004 gra 2004 provides for the legal recognition of the trans person in their acquired gender and the opportunity to acquire a new birth certificate for their new gender. 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. Faqs on the california gender recognition act what is the. Iirc the 2004 act was based on a not unreasonable echr case to do with a trans persons right to marry.
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. 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. Consequences of issue of gender recognition certificate etc. Is the gender recognition act 2004 as important as it seems. Section 4 of the act requires that where a panel has granted an application to a. It asks whether and how the gender recognition act should be amended in relation to the law in scotland. 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. 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. Gender recognition act 2004 2004 chapter 7 an act to make provision for and in connection with change of gender. Jul 03, 2018 the consultation focuses on the gender recognition act 2004. The gender recognition act 2004 provides full legal recognition of transsexual people in their acquired gender status. Angela constance msp cabinet secretary for communities. A trans person over the age of 18 can apply for a gender recognition certificate. Pdf feminism and the gender recognition act 2004 ralph.
A critique of the gender recognition act 2004 researchgate. In its day the gra, and the access it provided to a new birth certificate, was considered groundbreaking, but the world has moved on. Transgender and your rights under the gender recognition. There are outstanding changes not yet made by the legislation. 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. Some states consider the issue to be one of simply applying existing human rights standards, because the principles of universality and.
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