To end of march 2018, a total of 4,910 people have been granted grcs since the gender recognition act came into force on 4th april 20051. This page links to the responses to the consultation from organisations which we have permission to publish. T467 statutory declaration for single applicants gov. For many transgender people, and organisations that support transgender people, the legal recognition process is no longer delivering. Gender recognition act 2004 and introduced the terms. Angela constance msp cabinet secretary for communities. The gender recognition act 2004 department of health. Information sharing the gender recognition act 2004 nhs. Mayor of londons consultation response on the reform of the gender recognition act 2004 5 question 8 q. 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 which legal \recognition\ is permitted. Prior to april 2005, there was no legal framework in the uk that governed the legality of a person with gender dysphoria to change their gender legally.
We will of course consider what moves there are elsewhere in uk and will be seeking to discuss with relevant uk ministers. Peter charlish1 the gender recognition act 2004, which received royal assent on july 1, 2004 states that its purpose is to provide transsexual people with legal recognition in their acquired gender. Jul 01, 2004 the gender recognition act 2004 enables transsexual people to apply to receive a gender recognition certificate grc. These explanatory notes relate to the gender recognition act which received royal. T455 the general guide for all users gender recognition act 2004. Gender recognition act 2004 is up to date with all changes known to be in force on or before 16 may 2020.
Heres why critics of trans law reform are mistaken peter. Been living permanently in their preferred gender role for at least 2 years, and, 2. The gender recognition act 2004 is the legal framework by which a transgender person can have their preferred gender legally recognised. The gender recognition act 2004 the act provides transsexual people with the opportunity to obtain legal recognition in their acquired gender. A trans person over the age of 18 can apply for a gender recognition certificate. Since that consultation, the debate on gender recognition has become polarised, both in scotland and elsewhere. The citation of this act by this short title is authorised by section 29 of this act. 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. The gender recognition act 2004 allows transgender people to apply to the gender recognition panel to obtain legal recognition of their acquired gender. 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. There are outstanding changes not yet made by the legislation. Preconsultation equality impact assessment for the gender.
Gender recognition act 2004 2004 chapter 7 an act to make provision for and in connection with change of gender. A persons legal gender is tied to their uk birth certificate. Gender recognition act 2004 is up to date with all. However, gender recognition is a devolved matter meaning that legislation in this area is within the competence of the scottish parliament. 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. Gender recognition act 2004 is up to date with all changes known to be in force on or before 27 august 2019. As the scottish government has recognised, the gender recognition act 2004 is far remo ved from reflecting. Jan 16, 2018 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. The gender recognition act 2004 gra governs how trans people can have their identity legally recognised. Response of the equality and human rights commission to. Under the laws of the united kingdom, individuals are considered by the state to be of the.
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. Trans people are able to receive legal recognition of their acquired gender through a process set out in the gender recognition act gra 2004. Under the gender recognition act of 2004, trans men and women can. 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. Reform of the gender recognition act government consultation. The transsexual person can apply to the governments gender recognition panel for. This article critiques recent uk transgender law reform. Feminism and the gender recognition act 2004 request pdf.
Gray, carolynn 2016 a critique of the legal recognition. A gender recognition certificate is the document issued that shows that a person has satisfied the criteria for legal recognition in the acquired gender. The gender recognition act 2004 enables transsexual people to apply to the gender recognition panel to receive a gender recognition certificate grc. The gender recognition act 2004 created a process to enable transsexual people to get their uk birth certificates and legal gender changed. Gender recognition certificates are issued by the gender recognition panel part of the tribunal service. Review of the gender recognition act 2004 citizen space. Applicants to the gender recognition panel are required to supply evidence from a medical practitioner in support of their application. The gender recognition act 2004 fair play for women. Have been under medical supervision and assessed as. 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. 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.
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. Jan 30, 2017 the gender recognition act 2004 the act provides transsexual people with the opportunity to obtain legal recognition in 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. There are changes that may be brought into force at a future date. 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. Revised legislation carried on this site may not be fully up to date. The consultation focuses on the gender recognition act 2004. 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. 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. There are 4 elements that require compliance to succeed in an application. They carried out their own consultation on reform in 2018. In its day the gra, and the access it provided to a new birth certificate, was considered groundbreaking, but the world has moved on.
The commission considers that a simplified system for obtaining legal recognition of gender through a change in legal sex would better support trans people. The gender recognition process house of commons library. A critique of the gender recognition act 2004 springerlink. The issue was addressed with the introduction of the gender recognition act 2004, which brought worldwide attention, as it was the first piece of legislation that allowed someone to legally. Heres why critics of trans law reform are mistaken.
The gender recognition act 2004 is to be welcomed in many respects. The scottish government ran a separate gender recognition act consultation, which closed earlier this year. 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. Until the gender recognition act gra came into force in 2004 trans people in the uk were not able to legally change their birth certificates and other documents to accurately reflect the way they experienced their gender identity. The gender recognition act 2004 gra the uks leading. Gender recognition act 2004 gender identity research. Transgender equality united kingdom parliament home page. There are changes that may be brought into force at. This consultation concerns the legal gender recognition system in england and wales only, though the implications of change for the united kingdom as a whole are considered. The uk gender recognition act 2004 sheila jeffreys this article is a critical feminist analysis of the uk gender recognition act of 2004. The general guide for all users, gender recognition act 2004 gender recognition act 2004 example of a gender recognition certificate archived 6 january 2009 at the wayback machine a b c greene, hannah.
We received over 15,500 responses with the majority showing support for reform. Those changes will be listed when you open the content using the table of contents below. Read this guide to help you decide if you want to apply for a gender recognition certificate under the gender recognition act 2004. A do you think the fee should be removed from the process of applying for. This was groundbreaking in its time its now seriously out of date and needs reform. Previous case law defined sex and gender in primarily biological terms and made several highly problematic assumptions about trans people. In 2016 the women and equalities select committee heard evidence from trans, nonbinary and nongender people who are directly affected by the shortcomings of the gender recognition act 2004 gra. 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. Decisions on any changes to the gender recognition act 2004 in relation to how it operates in england and wales are a matter for the uk government. The scottish government believes the 2004 act needs to be reformed and simplified. The gender recognition act 2004 act1 enables a person aged 18 years or older, on application to a body called a gender recognition panel, to be granted a gender recognition certificate grc, where the applicant. Feminism and the gender recognition act 2004 springerlink. At the time, the 2004 act was seen as groundbreaking. Any changes that have already been made by the team appear in the content and are referenced with annotations.
This act is radical in enabling transgenders to gain certi. The scottish government believes the 2004 act needs to. Since the gra came into force, only 4,910 people have legally changed their gender. 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. 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 gives certain legal rights to trans men and women. Equality and huma n rights commission response to the. Applicants to the gender recognition panel are required to supply evidence from a medical practitioner in. 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. 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.
The gender recognition act 2004 and transgender peoples. Proposals to streamline and demedicalise the process for changing gender are part of a broad consultation of the legal system that underpins gender transition, the gender recognition act. 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. However, the number of people who have a grc represents only a small proportion of the trans population in the uk overall.
May 11, 2020 the gra extends across the united kingdom. However, members of the press have the right to attend but not to report in such a way that a child could be publicly identified. The vast majority of transgender people do not have legal gender recognition and remain legally the sex they were born. At the moment, trans people have to endure a long and demeaning process to prove their gender identity. Guide to supporting patients accessing specialist gender identity services section 5. The reforms to the gender recognition act 2004 we propose were consulted on in 201718. A do you think the fee should be removed from the process of applying for legal gender recognition. Section 4 of the act requires that where a panel has granted an application to a.
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