Where a full gender recognition certificate is issued to a person, the persons gender becomes for all purposes the acquired gender so that, if the acquired gender is the male gender, the persons sex becomes that of a man and, if it. A persons legal gender is tied to their uk birth certificate. This is because the uk is, at least ostensibly, the first state. The gender recognition act 2004 gra the uks leading. Gender recognition act and the road to selfdeclaration. Applicants to the gender recognition panel are required to supply evidence from a medical practitioner in support of their application. Gender recognition act 2004 2004 chapter 7 an act to make provision for and in connection with change of gender. 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.
Like many people, jeremy corbyn has not read the 2004 act nor understands its consequences, or the reason for. Anyone who acquires that information in an official capacity may be breaking the law if they disclosed it without the subjects consent. The gender recognition act 2004 gra enables trans people to apply to the gender. The transsexual person can apply to the governments gender recognition panel for a gender recognition certificate. This was groundbreaking in its time its now seriously out of date and needs reform. Information sharing the gender recognition act 2004 nhs.
It is really important for as many people as possible to respondto the scottish governments consultation on gender recognition. 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. The gender recognition act 2004 fair play for women. Dec 18, 2018 posted in bristol scholars tagged chls, gender, gender and sexuality, gender recognition act 2004, gender recognition act 2015, human rights law, ireland, legal gender recognition, lgbtq, minors, nonbinary, peter dunne, reform, selfdetermination, think piece, transgender, united kingdom leave a comment on transgender rights in the united. Gender recognition act 2004 gender identity research. When the gender recognition act passed in 2004, it was thought to be a stateoftheart piece of legislation. The uk government consultation on the gender recognition act closed on 22 october 2018, after gathering testimonies for 16 weeks. 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. Guide to supporting patients accessing specialist gender identity services section 5. Read this guide to help you decide if you want to apply for a gender recognition certificate under the gender recognition act 2004. The effect of legal recognition will be that a transsexual person gains the legal rights and responsibilities appropriate to the acquired gender.
Engender blog statement in support of the equal recognition. Feminism and the gender recognition act 2004 request pdf. Those changes will be listed when you open the content using the table of contents below. The gender recognition act 2004 department of health. Incidentally, the abortion act is also 50 this year, making it 37 years older than the gender recognition act. Conference recognises that this act will allow transsexual people to obtain recognition of their true gender, which. 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. The uk government has announced its intention to reform the gender recognition act 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. Visit this page again soon to download the outcome to this public feedback. The uk wide 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.
Gender recognition in the united kingdom and ireland movements for reform. Any changes that have already been made by the team appear in the content and are referenced with annotations. Gender recognition act 2004 the gender recognition act allows trans people to change their legal gender. Government to update the 2004 gender recognition act bbc news. It went into effect on the 4th of april 2005 and, through a citation of the westminster act, affects all areas of the united kingdom. As national gender equality organisations and campaigns, close the gap, engender, equate scotland, rape crisis scotland, scottish womens aid, women 50. The general guide for all users gender recognition act 2004.
Fair play for women is participating in this process. There are outstanding changes not yet made by the legislation. 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. Fb link which is still there today is the launch of the scottish government consultation on improving the gender recognition act 2004. This article critiques recent uk transgender law reform. Gender recognition certificates are issued by the gender recognition panel part of the tribunal service. Reform of the gender recognition act government consultation.
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. 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 university of bristol law. 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 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. Nov 20, 2004 conference welcomes the passing of the gender recognition act which received royal assent on 1 july 2004. Transgender rights in the united kingdom and ireland. The deadline for the gender recognition act consultation has been extended due to. 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. I transitioned in i have lived as a insert male or female as appropriate throughout the period of years before the date of this statutory declaration and i intend to live in that gender until death. 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.
T467 statutory declaration for single applicants gov. The gender recognition act 2004 provides full legal recognition of transsexual people in their acquired gender status. 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. Gender recognition act 2004 national assembly for wales. At the time of writing january 2018 the government equalities office is undertaking a period of preconsultation engagement.
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. Nov 08, 2017 statement in support of the equal recognition campaign and reform of the gender recognition act. Recognition act 2004 gra governs how trans people can have their identity. T455 the general guide for all users gender recognition act 2004. 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. Pdf on nov 1, 2006, stephen whittle and others published the opposite of sex is politics the uk gender recognition act and why it is not perfect, just like you and me find, read and cite. Legal recognition follows from the issue of a full gender recognition certificate by a gender recognition panel. Jan 30, 2017 the gender recognition act 2004 the act provides transsexual people with the opportunity to obtain legal recognition in their acquired gender.
Reforming the gender recognition act in england and wales. Couldnt find an example of that in the uk from googling so hopefully steven. The gender recognition act 2004 is to be welcomed in many respects. In july 2018, the uk government published a consultation on reforms to the gra. The gender recognition process house of commons library uk.
A trans person over the age of 18 can apply for a gender recognition certificate. The gender recognition act 2004 received royal assent on 1 july 2004. We are seeking your views on how best to reform the gender recognition act 2004. A critique of the gender recognition act 2004 springerlink. Feminism and the gender recognition act 2004 springerlink. Conference notes that it is expected that people will be able to start applying for gender recognition certificates from spring 2005. Some thoughts on reforms to the gender recognition act. 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. There are 4 elements that require compliance to succeed in an application. The uk government consultation on the gender recognition act closed on 22. 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 created a process to enable transsexual people to get their uk birth certificates and legal gender changed. 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. Tens of thousands of people took the opportunity to improve trans rights by having a say on reforming the gra.
The gender recognition act 2004 is an act of the british parliament which allows transsexual people as well as some intersex and genderqueer people to change their legal gender. The gender recognition act 2004 gra governs how trans people can have their identity legally recognised. Although a feat for transgendered people, the passing of the act however, was not met without criticism. 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.948 337 20 702 1494 1383 989 68 1266 628 250 429 27 1143 1223 1492 796 413 1388 95 696 679 748 55 884 505 891 267 334 185 396 303 1568 94 503 525 1320 280 1538 288 268 339 1363 1244 681 12 169 54 486 807