For transgender people, their gender identity does not match the sex they were assigned at. Response of the equality and human rights commission to. 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. Gender recognition act 2004 gender identity research. It also highlights those areas of law which are reserved and so do not fall within the scottish parliaments. The government has launched a consultation on proposed reforms to the 2004 gender recognition act gra. Review of the gender recognition act 2004 citizen space. 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 aimed to safeguard the privacy of transsexual people by defining information in relation to the gender recognition process as protected information. 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. Gender recognition act 2004 the gender recognition act allows trans people to change their legal gender. This consultation simply asks how best government might make the existing process under the gender recognition act 2004 a better service for those trans and nonbinary people who wish to use it. The gender recognition act 2004 created a process to enable transsexual people to get their uk birth certificates and legal gender changed.
Team civil law and legal system is this new policy or revision to an existing policy. 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. T455 the general guide for all users gender recognition act 2004. The general guide for all users gender recognition act 2004. The transsexual person can apply to the governments gender recognition panel for a gender recognition certificate. Prior to its implementation, the estimated 5000 transsexual people living in the uk were not recognised in their acquired gender under the law of any part of the uk. The 2004 act permits a person aged 18 or over to seek legal recognition in their acquired gender.
Reform of the gender recognition act government consultation. 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. Recognition certificate overseas legal recognition application gender recognition act 2004. Equality and huma n rights commission response to the. This article critiques recent uk transgender law reform. Gender recognition certificates are issued by the gender recognition panel part of the tribunal service. 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.
It does not allow legal gender recognition for nonbinary people, who do not identify exclusively as men or women. Application for a gender recognition certificate overseas legal recognition application gender recognition act 2004 gender recognition panel forms. The scottish parliament agreed in 2004, through a sewel motion 3, that westminster could legislate for scotland, in respect of the provisions relating to devolved matters in the 2004 act. The proposed new system for obtaining legal gender recognition. Feminist and trans perspectives on identity and the uk. The gender recognition act 2004 is to be welcomed in many respects. Information sharing the gender recognition act 2004 nhs. This means that nonbinary people are currently unable to. There are 4 elements that require compliance to succeed in an application. The gender recognition act 2004 allows transgender people to apply to the gender recognition panel to obtain legal recognition of their acquired gender.
The purpose of the act is to provide transsexual people with legal recognition in their acquired gender. A do you think the fee should be removed from the process of applying for. Your need to know the government says it wants to make it easier for trans people to become their desired sex, the sex that they feel they are so heres your needtoknow on whats changing and, of course, the controversy its causing. Gender recognition act 2004 reform and young people. This file may not be suitable for users of assistive technology. 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. The gender recognition act 2004 only allows a trans person to be recognised as a man or a woman. New policy, although it is already possible under the gra to obtain legal gender recognition. This page links to the responses to the consultation from organisations which we have permission to publish.
At the time, the 2004 act was seen as groundbreaking. 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. 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. Since its introduction there have been approximately 4,500 gender recognition certificates grc issued. This is because the uk is, at least ostensibly, the first state. The gender recognition act 2004 provides full legal recognition of transsexual people in their acquired gender status. Gender recognition act 2004 protected information relating. Have been under medical supervision and assessed as.
In addition, the consequences of the current legal status of transgender people in poland, such as chronic and humiliating court proceedings and limited access to the health care system, have. Applicants to the gender recognition panel are required to supply evidence from a medical practitioner in support of their application. Brown signs gender recognition act creating nonbinary. I trans individuals, feminism and the uks gender recognition act any discussion of contemporary sex gender identities. 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. Mayor of londons consultation response on the reform of the gender recognition act 2004 5 question 8 q. 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 gender recognition act 2004 is the legal framework by which a transgender person can have their preferred gender legally recognised. There are changes that may be brought into force at a future date.
There are outstanding changes not yet made by the legislation. This was groundbreaking in its time its now seriously out of date and needs 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. The general guide for all users gender recognition act 2004 pdf, 254kb, 28 pages canllaw cyffredinol ar gyfer pob defnyddiwr deddf cydnabod rhywedd 2004. The table in annex i summarises the provisions of the 2004 act and the scottish governments view on whether the legal position in scotland should continue under the proposed selfdeclaration system of legal gender recognition. Ca gender recognition act creates nonbinary gender for all people of california. Those changes will be listed when you open the content using the table of contents below. A critique of the gender recognition act 2004 springerlink. Section 4 of the act requires that where a panel has granted an application to a.
Prior to its implementation, the estimated 5000 transsexual people. Guide to supporting patients accessing specialist gender identity services section 5. Application for a gender recognition certificate gov. Gender recognition act 2004 is up to date with all changes known to be in force on or before 26 may 2020. Legal recognition follows from the issue of a full gender recognition certificate by a gender recognition panel.
The impact the gender recognition act has had on marriage throughout the united kingdom is vast. Any changes that have already been made by the team appear in the content and are referenced with annotations. Origins of the gender recognition act 2004 chapter 3. The process is established under the gender recognition act 2004, as amended by subsequent legislation, including the marriage same sex couples act 20 and the marriage and civil partnership scotland act 2014. 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. Trans people are able to receive legal recognition of their acquired gender through a process set out in the gender recognition act gra 2004. 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 gra governs how trans people can have their identity legally recognised. Gender identity is a term used to describe an individuals sense of their own gender. Been living permanently in their preferred gender role for at least 2 years, and, 2.
Aug 01, 2005 section 22 of the gender recognition act 2004 section 22 of the gender recognition act makes it a crime, with a fine of up to. 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. It is really important for as many people as possible to respondto the scottish governments consultation on gender recognition. Government to update the 2004 gender recognition act bbc news. As the scottish government has recognised, the gender recognition act 2004 is far remo ved from reflecting. Authored by senators toni atkins and scott wiener and sponsored by transgender law center and equality california. Transgender awareness in child and family social work. A person seeking to change their sex on a birth certificate issued in the australian capital territory can apply to access canberra enclosing an application form and a statement by a doctor. If you want to support the calls of the scottish trans alliances equal recognition campaign, you dont have to answer every question. 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. Review of the gender recognition act 2004 the scottish. Gender recognition act 2004, introductory text is up to date with all changes known to be in force on or before 23 may 2020. The current legislation allows transgender adults under certain circumstances to change their birth certificate to accurately reflect their gender identity.
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. Applicants to the gender recognition panel are required to supply evidence from a medical practitioner in. An act to make provision for and in connection with change of gender. Jan 30, 2017 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 and the nature of transsexualism this act allows individuals to apply to a gender recognition panel, for the granting of a gender recognition certificate11, on the granting of which the applicants gender becomes the acquired gender 12, subject. 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. In 2018 the government consulted on reforming the gender recognition act 2004 tip. This consultation, therefore, does not consider the question of whether trans people exist or whether they have the right to legally change their gender. 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. Consequences of issue of gender recognition certificate etc. The huge discrepancy between the estimated number of trans people and the numbers going through the process set out within the act to change their gender can. The effect of section 224e is that protected information may be. The scottish government believes the 2004 act needs to be reformed and simplified. Presented by gires and trans equality legal initiative background.
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. Stonewall scotland strongly believes that a selfdeclaratory system for legal gender recognition is essential to bring the 2004 act up to date with international best practice. If you want to support the calls of the scottish trans alliances equal recognition campaign, you dont. Gender specific offences part 4 civil registration 24. Cabinet secretary for communities, social security and equalities the scottish government st. The gender recognition act 2004 gra press for change. The gender recognition act 2004 allows people to legally change their gender from male to female or vice versa applicants are required to have lived in their new gender for two years before they can be issued with a gender recognition certificate grc. The gender recognition act 2004 enables transsexual people to apply to receive a gender recognition certificate grc. The 2004 act17 the central consequence of the act is that where a full gender recognition certificate is issued the persons gender becomes for all purposes the acquired gender. The gender recognition act 2004 department of health. Sexual orientation and gender identity acknowledgements except for third party materials and otherwise stated see terms and conditions tip.
Feminism and the gender recognition act 2004 springerlink. Changes that have been made appear in the content and are referenced with annotations. The vast majority of transgender people do not have legal gender recognition and remain legally the sex they were born. A persons legal gender is tied to their uk birth certificate. Uk transgender rights legislation transgender trend. Hide tip, this content is made available under a creative commons attributionnoncommercialsharealike 4. Application for a gender recognition certificate overseas legal recognition application gender recognition act 2004. The paper presents the draft act on gender recognition vetoed by the president of the republic of poland and the controversy associated with this fact. The gender recognition act 2004 fair play for women. Glossary gender dysphoria is a condition where a person experiences discomfort or distress due to a mismatch between their biological sex and gender identity. Feminism and the gender recognition act 2004 request pdf.
Countries using an administrative assessment model third party evidence of gender identity is required. 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. Is the gender recognition act 2004 as important as it seems. It then goes on to specify that an acquired gender indicates a change of sex where a person has obtained a gender recognition certificate grc. The gender recognition act gra 2004, which came into force in april 2005, allowed, for the first time, trans people whose birth was registered in the uk 25 to have their acquired affirmed 26 gender either male or female recorded on their birth certificate.
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