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TRANSGENDER SPECIAL

REAL RIGHTS

FIRST UP - TIM HOPKINS GUIDES US THROUGH NEW LEGISLATION WHICH, A YEAR FROM NOW, WILL COMPLETELY CHANGE TRANSGENDER RIGHTS.

In 2002, the European Court of Human Rights ruled that the UK is breaking the European Convention on Human Rights by refusing to recognise the gender identity of transsexual people. Following the ruling, the Government must change the law, and the Gender Recognition Bill is the result.

The bill will enable trans people across the UK to gain legal recognition of their true gender. It was introduced in the Westminster Parliament in November and should be passed within the next three or four weeks. It is likely to come into effect in April 2005.

WHAT DOES THE BILL DO?

The Gender Recognition Bill allows a transsexual person to apply for a 'gender recognition certificate'. This changes their legal gender for all purposes, and a replacement birth certificate will be issued in the true gender. Gender recognition includes the right to marry in true gender, so that a trans woman will be able to marry a man, and a trans man will be able to marry a woman.

Applications will be made to the Gender Recognition Panel. There will be a fee payable, and one of the potential problems with the bill is that it's not yet clear what the fee will be. There had been fears it could be £500 or more, but the Government now says the fee will be nowhere near that figure.

CONDITIONS FOR RECOGNITION

The bill sets out what evidence must be provided to the Gender Recognition Panel. A doctor or psychologist practising in gender dysphoria must confirm that the person has or has had gender dysphoria, and there must be a second report from a non-specialist doctor. One of these reports must list any gender reassignment treatment the applicant has undergone. In addition, the applicant must make a statutory declaration that they have lived in their true gender for at least two years and intend to carry on doing so for the rest of their life.

It is not necessary for the applicant to have had any gender reassignment surgery or other treatment in order to get gender recognition so long as they have had the diagnosis of gender dysphoria and have lived for two years in their true gender, that is enough.

PRIVACY PROTECTION

The bill provides some degree of protection from being outed as trans. Any employer or provider of services (for example a health service worker) who becomes aware in the course of their work that a person has legally changed gender will commit a criminal offence if they reveal that to a third party, except with good reason or with the trans person's permission. They could be fined up to £5000.

PROBLEMS WITH THE BILL

The bill is not perfect. One problem is that it requires a trans person who is married to dissolve their marriage before they can get gender recognition. Otherwise the marriage would legally become a same-sex marriage when gender recognition is granted, and the Government is not prepared to tolerate this. This puts married trans people in the invidious position of having to choose between legal recognition of their true gender, and their marriage.

The bill also does nothing to deal with the absurd situation in Scotland that if a man rapes a trans woman, he cannot be charged with rape, only with indecent assault. And service providers such as hotels will still be allowed to discriminate against trans people.

Overall though the bill is a huge step forward for trans people in the UK. Credit for this goes to trans people and organisations like Press for Change, for years of lobbying. From April 2005 trans people's lives will change.

FOR MORE INFO -

www.equality-network.org