Gender recognition act 2004 allows transsexuals to obtain a gender recognition. Request pdf on jan 1, 2015, kate cook and others published gender recognition act 2004 find, read and cite all the research you need on researchgate. 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. 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. Guide to supporting patients accessing specialist gender identity services section 5. The uk gender recognition act 2004 sheila jeffreys this article is a critical feminist analysis of the uk gender recognition act of 2004. Visit this page again soon to download the outcome to this public feedback. The womens equality 3 party supports changes to the current process by which transgender people are able to receive 4 legal recognition of their changed gender. Like many people, jeremy corbyn has not read the 2004 act nor understands its consequences, or the reason for. Legal recognition follows from the issue of a full gender recognition certificate by a gender recognition panel. This consultation does not consider the question of whether trans people exist, whether they have the right to legally change their gender, or whether it.
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. As a coalition of national womens equality and violence against women organisations, we welcome the opportunity to comment on the scottish governments proposals amending the gender recognition act 2004 in. Reform of the gender recognition act department for. The commission considers that a simplified system for obtaining legal recognition of gender through a change in legal sex would better support trans people.
Nov 06, 2014 the gender recognition act 2004 outlines the rights of patients who have legally changed their gender and presented a grc. 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. It is an offence under section 22 of the act for doctors to disclose information relating to the patients former gender to any third party without the explicit consent from the patient. 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. The scottish government continues to have a strong commitment to reform the gender recognition act 2004 and improve the current process for trans people. Mayor of londons consultation response on the reform of the gender recognition act 2004 5 question 8 q. Nov 11, 2017 the conservative government is discussing an updating of the process of formal gender recognition established in the 2004 act as a intrusive.
Review of the gender recognition act 2004 scottish. If you want to support the calls of the scottish trans alliances equal recognition campaign, you dont have to answer every question. Gender recognition act 2004 reform and young people. Although the gender recognition act 2004 was a notable. A persons legal gender is tied to their uk birth certificate. The purpose of the act is to provide transsexual people with legal recognition in their acquired gender. The gender recognition act 2004 gra governs how trans people can have their identity legally recognised. It is designed so that you can complete the consultation even if you choose not to read the full scottish government consultation paper. Prior to its implementation, the estimated 5000 transsexual people. Review of the gender recognition act 2004 citizen space.
The gender recognition act 2004 gives transsexual people the legal right to live in their acquired gender. Gender recognition act 2004 is up to date with all changes known to be in force on or before 12 may 2020. Anyone who acquires that information in an official capacity may be breaking the law if they disclosed it without the subjects consent. The general guide for all users gender recognition act 2004. Gender recognition act 2004 national assembly for wales. 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. Request pdf feminism and the gender recognition act 2004 this paper argues, first, that the legal construction of transsexualism is a matter of interest, not only to members of the trans. 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. Gender recognition act reform consultation response stonewall. Canllaw cyffredinol ar gyfer pob defnyddiwr deddf cydnabod rhywedd.
Authored by senators toni atkins and scott wiener and sponsored by transgender law center and equality california. Jul 24, 2017 at the moment, gender recognition certificates grcs are governed by the 2004 gender recognition act. At the moment, gender recognition certificates grcs are governed by the 2004 gender recognition act. Changing the gender recognition act wont solve discrimination. 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. Trans people are able to receive legal recognition of their acquired gender through a process set out in the gender recognition act gra 2004. Review of the gender recognition act 2004 detailed guidance on all the consultation questions. Indeed, if someone has reassigned their gender before joining you, you will have no. The gender recognition act allowed transgender people to apply for legal recognition of the gender in which they have lived without medical treatment.
This consultation does not consider the question of whether trans people exist, whether they have the right to legally change their gender, or whether it is right for a person of any age to identify with another gender, or. Jan 30, 2017 the gender recognition act 2004 the act provides transsexual people with the opportunity to obtain legal recognition in their acquired gender. Deroff, joel 2010, joining forces to combat homophobic and. The gender recognition act 2004 the act provides transsexual people with the opportunity to obtain legal recognition in their acquired gender. The gender recognition act 2004 is an act of the parliament of the united kingdom that allows people who have gender dysphoria to change their legal gender. 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. Information sharing the gender recognition act 2004 nhs.
Feminism and the gender recognition act 2004 springerlink. By combining the answers to these three questions we can show. The gender recognition act 2004 allows transgender people to apply to the gender recognition panel to obtain legal recognition of their acquired gender. 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. This guide aims to help you complete your online consultation response question by question. The impact the gender recognition act has had on marriage throughout the united kingdom is vast. Applicants to the gender recognition panel are required to supply evidence from a medical practitioner in support of their application. This act is radical in enabling transgenders to gain certi. Government to update the 2004 gender recognition act bbc news. Bree replies, i try to blend in, keep a low profile.
Most people now know trans people have a right to a new. As protected information covers all information that would identify a person as being a transsexual, if successful in their application a new health record must be. A trans person over the age of 18 can apply for a gender recognition certificate. We suggest that the uk gender recognition act 2004 challenges what constitutes a \sex change\ through the act\s definitions and also the conditions within. Since its introduction there have been approximately 4,500 gender recognition certificates grc issued. Protection of information 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. With the help of the act, transsexuals are less likely to be in limbo 27 regarding their desired sex, as they know that by fulfilling the requirements of the act they can obtain legal recognition as the gender of their choice. 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. Recording gender in medical records feature pulse today. This page links to the responses to the consultation from organisations which we have permission to publish. 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.
The vast majority of transgender people do not have legal gender recognition and remain legally the sex they were. We are seeking your views on how best to reform the gender recognition act 2004. It also remains committed to improving the lives of trans and nonbinary people more generally. At the time, the 2004 act was seen as groundbreaking. The gender recognition act 2004 enables transsexual people to apply to receive a gender recognition certificate grc.
Government to update the 2004 gender recognition act bbc. 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. There are 4 elements that require compliance to succeed in an application. If you want to support the calls of the scottish trans alliances equal recognition campaign, you dont. A critique of the gender recognition act 2004 springerlink. The consultation focuses on the gender recognition act 2004. It established the gender recognition panel, who have the authority to issue a gender recognition certificate. You can download a copy of this report as a pdf from our website. List of mentions of the gender recognition act 2004 in parliament in the period 1803 to 2005 search help hansard 18032005 acts g. At the moment, trans people have to endure a long and demeaning process to prove their gender. This is because the uk is, at least ostensibly, the first state. Working with transgender employees the law society. Nov 20, 2017 gender recognition in the united kingdom and ireland movements for reform.
The gender recognition act 2004 provides full legal recognition of transsexual people in their acquired gender status. In the uk, following a long often controversial history of litigation before the european court of human rights ecthr culminating in the landmark 2002 judgment, goodwin v united kingdom parliament enacted the gender recognition act 2004 2004 act. Gender recognition act 2004 2004 chapter 7 an act to make provision for and in connection with change of gender. The gender recognition act 2004 is to be welcomed in many respects. Law in relation to sexual orientation and gender identity should be used to provide. There are outstanding changes not yet made by the legislation. In its day the gra, and the access it provided to a new birth certificate, was considered groundbreaking, but the world has moved on. Issue of a full certificate provides legal recognition of the transsexual persons acquired gender. The gender recognition act 2004 gives certain legal rights to trans men and women. Gender reassignment is a protected characteristic under the equality act 2010. 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. Been living permanently in their preferred gender role for at least 2 years, and, 2.
Brown signs gender recognition act creating nonbinary. An act to make provision for and in connection with change of gender. The scottish government believes the 2004 act needs to be reformed and simplified. 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. Feminism and the gender recognition act 2004 request pdf. Reform of the gender recognition act government consultation. 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. Heres why critics of trans law reform are mistaken. We are not proposing any amendments to the equality act 2010. Section 4 of the act requires that where a panel has granted an application to a. The gender recognition act 2004 is the legal framework by which a transgender person can have their preferred gender legally recognised. Over the weekend, the sunday times reported on a consultation on the gender recognition bill that will be published in the autumn.
The gender recognition act 2004 created a process to enable transsexual people to get their uk birth certificates and legal gender changed. Gender recognition act 2004 the gender recognition act allows trans people to change their legal gender. The gender recognition act 2004 gra press for change. Response of the equality and human rights commission to. Angela constance msp cabinet secretary for communities. At the moment, trans people have to endure a long and demeaning process to prove their gender identity. Gender recognition act 2004 gender identity research. Transgender rights in the united kingdom and ireland. The gender recognition act 2004 allows a transgender person to change their legally recognised gender. The gender recognition act 2004 outlines the rights of patients who have legally changed their gender and presented a grc.
This was groundbreaking in its time its now seriously out of date and needs reform. It is really important for as many people as possible to respondto the scottish governments consultation on gender recognition. Review of the gender recognition act 2004 a consultation. The vast majority of transgender people do not have legal gender recognition and remain legally the sex they were born. Gray, carolynn 2016 a critique of the legal recognition of. Legal recognition will follow from the issue of a full gender recognition certificate by a gender recognition panel who, before issuing a. The gender recognition act 2004 department of health. Any changes that have already been made by the team appear in the content and are referenced with annotations. This article critiques recent uk transgender law reform. The outline of the gender recognition act 2004 in journal of gender studies 15. This consultation, which closed on 1 march 2018, sought views on whether and how the gender recognition act 2004 should be amended in relation to the law in scotland. 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.
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. Those changes will be listed when you open the content using the table of contents below. Gender recognition certificates are issued by the gender recognition panel part of the tribunal service. The gender recognition act 2004 fair play for women. Gender specific offences part 4 civil registration 24.
A do you think the fee should be removed from the process of applying for. Jul 03, 2018 trans people are able to receive legal recognition of their acquired gender through a process set out in the gender recognition act gra 2004. This requires that those who are over 18 and wishing to change their legally recognised gender should do the following. The transsexual person can apply to the governments gender recognition panel for a gender recognition certificate. Oct 16, 2017 facebook twitter gmail sacramento, ca last night, governor brown signed into law sb 179, the gender recognition act, which makes it easier for transgender, intersex, and nonbinary people to obtain stateissued identity documents that reflect their gender. Pdf feminism and the gender recognition act 2004 ralph. Gender recognition certificates t455 read this guide to help you decide if you want to apply for a gender recognition certificate under the gender recognition act 2004.
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