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Network Journal 2004 Issue 1 |
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Parliament to consider transgender rights
Legislation which aims to give new rights to transgender people is making its way through parliament. The Gender Recognition Bill (first published as a draft bill on 11 July 2003) had its first reading in the House of Lords, in November, last year. It had its second reading on the 18 December 2003.
A European Court of Human Rights ruling prompted the Bill after the UK Government's refusal to allow transgender people to change their birth certificates was found to be in breach of Article 8 (right to privacy) and Article 12 (right to marry and found a family) of the UK Human Rights Act. (This is the Goodwin case).
The Bill allows a transgender person to apply to a Gender Recognition Panel for a certificate that will entitle that person to full legal recognition in their acquired gender. A person who has been issued with a certificate, and who holds a UK birth certificate, is then automatically entitled to receive a new birth certificate.
Currently transgender people are able to amend their passports and driving licences, but not their birth certificates - the overriding determinant of legal status. For decades, this has caused anguish and distress for many thousands of transgender people in the UK.
For instance:
- The existence of uncorrected birth certificates means that a transgender person has to reveal their status every time they take out an insurance policy.
- Unamended status requires transgender people to declare their old names when appearing in court, forcing many to avoid court proceedings wherever possible.
- Death certificates are based on the birth certificate. This denies respect to the deceased and causes additional distress to those left behind.
- Repeated, sometimes weekly, requirement to reveal status and instances of serious breaches of confidentiality when claiming social security benefits.
- The denial of a transgender person's parenting role and family responsibilities, including exclusion from the right to give or withhold consent for a child's medical treatment.
There is no requirement to have had, or be willing to undergo, reassignment surgery in order to obtain legal recognition, nor will anyone be forced to apply for legal recognition; individuals may choose to retain their current legal status.
Once legal recognition has been granted a transgender person is free to marry. However, an application for recognition will only be granted where a person is unmarried at the date of the application. If a person is married they will receive an interim Gender Recognition Certificate only.
While the Bill is not perfect, and we do have some real concerns, it does represent a very important step forward in the fight against discrimination, social exclusion and unfair treatment for all transgender people. For more information visit the Press For Change web site.
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