While the act does move in the direction of gender, and ostensibly in an obvious way through abandoning surgical preconditions for legal recognition, it will be argued that the act. There are outstanding changes not yet made by the legislation. The uk gender recognition act 2004 sheila jeffreys this article is a critical feminist analysis of the uk gender recognition act of 2004. Transgroups worked tirelessly to ensure that the government implemented the act, which would allow transgender people to change their legal gender marker and be recognised in law as belonging to their new 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.
Gender recognition act 2004 gender identity research. This paper challenges a view of the gender recognition act 2004 as involving an unequivocal shift from the concept of sex to the concept of gender in laws understanding of the distinction between male and female. Gender recognition act 2004 is up to date with all changes known to be in force on or before 20 april 2020. Revised legislation carried on this site may not be fully up to date. Review of the gender recognition act 2004 a consultation. It also remains committed to improving the lives of trans and nonbinary people more generally.
The gender recognition act 2004 department of health. Make it social look for opportunities to bring together all team members in a social environment, like an event or if your culture permits a party. Although a feat for transgendered people, the passing of the act however, was not met without criticism. Gender recognition certificates are issued by the gender recognition panel part of the tribunal service. The 2004 act, it is argued, is a conservative move, which attempts to deny the threat transsexualism poses to the binary system of gender, by instigating a system to. 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. This act of parliament allows trans people to apply for a full gender recognition certificate grc which changes their legal gender and provides them with a new birth certificate. The gender recognition act 2004 is the legal framework by which a transgender person can have their preferred gender legally recognised. A trans person over the age of 18 can apply for a gender recognition certificate. Mar 03, 2015 a transgender woman has failed in her claim that the gender recognition act 2004 breaches the privacy of those who have had surgery or other medical procedures towards gender reassignment. Information sharing the gender recognition act 2004 nhs. Transgender and your rights under the gender recognition.
Lgbt activists are seeking to make it easier for trans people to change their legal gender. The gender recognition act 2004 outlines the rights of patients who have legally changed their gender and presented a grc. T455 the general guide for all users gender recognition act 2004. The purpose of the act is to provide transsexual people with legal recognition in their acquired gender. The gender recognition act 2004 gra press for change. Rights, capacity and welfare dr kath murray february 2019 introduction this paper examines issues raised by proposed changes to the gender recognition act 2004 gra in scotland in relation to young people up to the age of 18 years. Pdf unemployment and low wages prevailing in the domestic market. 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. Specifically, the study is determined to explore the impact of economic. Islamic and combine islam with their ethnic traditions.
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. It is really important for as many people as possible to respondto the scottish governments consultation on gender recognition. Muslim religious scholars recognized as a religious and political leaders. We did not answer every question in the consultation. Recently, proposed amendments to the gender recognition act that would extend legal rights to medically nontransitioning trans people and nonbinary people have been rigorously attacked from across the political spectrum, leading to increased harassment of trans people and a greater sense of precariousness for many already marginalised within. The draft gender recognition bill was published in july 2003 by the department for constitutional affairs. 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 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.
However, there has been substantial international progress on trans rights over the last decade and the g ender recognition act is now outmoded and urgently in need of reform. 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. At the time, the 2004 act was seen as groundbreaking. If you want to support the calls of the scottish trans alliances equal recognition campaign, you dont. There are a number of laws and guidelines that protect transgender people and outline how they should be treated by medical professionals. Characteristic for morphological analysis systems is the fact that in many cases input. 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. 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. The scottish government launched a consultation on reforming the gender recognition act 2004 on 9 november 2017. Carers recognition act 2004, 1 jul 2016, current, 01e001, pdf word. Mayor of londons consultation response on the reform of the gender recognition act 2004 5 question 8 q. 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. M, pgcerttlhe, fhea submitted in fulfilment of the requirements for the degree of phd school of law college of social sciences university of glasgow february 2016.
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. Conference recognises that this act will allow transsexual people to obtain recognition of their true gender, which. There are changes that may be brought into force at. There are currently no known outstanding effects for the gender recognition act 2004, schedule 4. A gender recognition certificate is the document issued that shows that a person has satisfied the criteria for legal recognition in the acquired gender. Consolidated versions, currency start, currency end, suffix, download, compare. Heres why critics of trans law reform are mistaken. Government to update the 2004 gender recognition act bbc news. Gray, carolynn 2016 a critique of the legal recognition. Any changes that have already been made by the team appear in the content and are referenced with annotations. Discussed in the 2017 labour party manifesto, the issue is now being talked about by the ruling conservatives, who have pledged a consultation on the legislation to be included in a gender recognition bill. Conference notes that it is expected that people will be able to start applying for gender recognition certificates from spring 2005. An act of discrimination which extends over a period of time is treated as having been done at the end of that period. Amend the gender recognition act 2004 in relation to a change of.
The gender recognition act 2004 the act provides transsexual people with the opportunity to obtain legal recognition in their acquired gender. The effect of legal recognition will be that a transsexual person gains the legal rights and responsibilities appropriate to the acquired gender. The construction of the proposed indicators requires the identification of. Following the introduction of the gender recognition act 2004, the applicants who had undergone gender reassignment surgery made an application for the issue of a gender recognition certificate, which could not be obtained unless they terminated. As part of the process of consultation on the draft bill, the joint. The transsexual person can apply to the governments gender recognition panel for a gender recognition certificate. It is an offence under section 22 of the act for doctors to disclose information relating to the patients former gender to any third party without the explicit consent from the patient.
Engender blog statement in support of the equal recognition. In its day the gra, and the access it provided to a new birth certificate, was considered groundbreaking, but the world has moved on. 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. Equality and huma n rights commission response to the. Legal recognition will follow from the issue of a full gender recognition certificate by a gender recognition panel who, before issuing a. Incidentally, the abortion act is also 50 this year, making it 37 years older than the gender recognition act. This act is radical in enabling transgenders to gain certi. There are 4 elements that require compliance to succeed in an application. 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. This is because the uk is, at least ostensibly, the first state. An act to make provision for and in connection with change of gender. The gender recognition act 2004 enables transsexual people to apply to receive a gender recognition certificate grc.
Pdf factors influencing migration of female workers. As national gender equality organisations and campaigns, close the gap, engender, equate scotland, rape crisis scotland, scottish womens aid, women 50. Legal recognition follows from the issue of a full gender recognition certificate by a gender recognition panel. Pdf feminism and the gender recognition act 2004 ralph. It asks whether and how the gender recognition act should be amended in relation to the law in scotland.
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. 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. Phd thesis, friedrichalexanderuniversitat erlangennurnberg 2004. Do you think there should be a requirement in the future for a. Prior to its implementation, the estimated 5000 transsexual people. History when the gender recognition act passed in 2004, it was thought to be a stateoftheart piece of legislation. Gender recognition act and the road to selfdeclaration. Russian law journal volume iv 2016 issue 3 russian law journal rlj. Section 4 of the act requires that where a panel has granted an application to a. The gender recognition act 2004 provides full legal recognition of transsexual people in their acquired gender status.
The gender recognition act 2004 allows transgender people to apply to the gender recognition panel to obtain legal recognition of their acquired gender. This article critiques recent uk transgender law reform. 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. There are changes that may be brought into force at a future date. Pdf this paper presents the current activities surrounding morphisto, an open. Issue of a full certificate provides legal recognition of the transsexual persons acquired gender. Bill entitled an act to recognise change of gender. The gender recognition act 2004 received royal assent on 1 july 2004. Read this guide to help you decide if you want to apply for a gender recognition certificate under the gender recognition act 2004. Indeed, the 1998 and 2000 unesco world culture reports, the 2004 undp human. 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. A do you think the fee should be removed from the process of applying for.
List of mentions of the gender recognition act 2004 in parliament in the period 1803 to 2005. Recognition is a key driver of employee engagement, and engagement is never more critical than during a merger or acquisition. The equality network and scottish trans alliance are urging the scottish parliament to make three key changes to the gender recognition act 2004 to support trans people in scotland. The opposite of sex is politics the uk gender recognition act and why it is not perfect, just like you and me article pdf available in journal of gender studies 153. Gender recognition act 2004 1 background the purpose of the gender recognition act is to provide transsexual people with legal recognition in their acquired gender. Gender recognition act and an issue of privacy thinking legally. Since the gra came into force, only 4,910 people have legally changed their gender. Applicants to the gender recognition panel are required to supply evidence from a medical practitioner in support of their application. The vast majority of transgender people do not have legal gender recognition and remain legally the sex they were born. The scottish government believes the 2004 act needs to be. Californias gender recognition act sb 179, signed into law on october 15, 2017, makes it significantly easier for all transgender people who are living in or were born in california to obtain identity documents that reflect their genders, and makes california the second state in the county to offer a standard path to obtaining a.
Section 33 of the act requires that individuals reveal details of such medical procedures to a gender recognition panel to back up an application for. Fb link which is still there today is the launch of the scottish government consultation on improving the gender recognition act 2004. An act may extend over a period of time if it takes the form of some policy, rule or practice. 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. Response to the scottish governments consultation on.
The scottish government believes the 2004 act needs to be reformed and simplified. It established the gender recognition panel, who have the authority to issue a gender recognition certificate. Gender recognition act 2004 is up to date with all changes known to be in force on or before 27 august 2019. A critique of the gender recognition act 2004 springerlink. 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. 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. Been living permanently in their preferred gender role for at least 2 years, and, 2. The gender recognition act 2004 is to be welcomed in many respects. Gender recognition act 2004 the gender recognition act allows trans people 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. Nov 08, 2017 statement in support of the equal recognition campaign and reform of the gender recognition act. The gender recognition act 2004 gives transsexual people the legal right to live in their acquired gender. The gender recognition act 2004 created a process to enable transsexual people to get their uk birth certificates and legal gender changed. The gender recognition act 2004 fair play for women.
If you want to support the calls of the scottish trans alliances equal recognition campaign, you dont have to answer every question. Feminism and the gender recognition act 2004 request pdf. A behavioral theory of the merger carnegie mellon university. The gender recognition act 2004 gives certain legal rights to trans men and women. 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.
Act 1998 in so far as it fails to give legal recognition to the acquired or reassigned sex or gender of a transsexual person. Feminism and the gender recognition act 2004 springerlink. Back in 2004, for all its flaws, the gender recognition act marked a significant step forward for the rights of trans women and trans men. Transgender and your rights under the gender recognition act 2004 transgender police federation series. This is fewer than the number of trans respondents to the governments lgbt survey. Document originally published by parliament of the united kingdom. Study on gender impacts of land titling in posttsunami aceh.
Nn gender concerns are often perceived to be culturally. 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. Gender recognition act 2004 2004 chapter 7 an act to make provision for and in connection with change of gender. This page links to the responses to the consultation from organisations which we have permission to publish. Under the gender recognition act of 2004, trans men and women can. Some thoughts on reforms to the gender recognition act. The international bank for reconstruction and development the. Gray, carolynn 2016 a critique of the legal recognition of. Gender recognition act 2004 national assembly for wales. Guide to supporting patients accessing specialist gender identity services section 5. Nov 20, 2004 conference welcomes the passing of the gender recognition act which received royal assent on 1 july 2004.
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. A critique of the legal recognition of transsexuals in uk law carolynn gray ll. Response to government consultation on the gender recognition act 2004 from rights of women october 2018 note. An adjunct of this study is the development of a comprehensive, computational model of postmerger integration dynamics. The scottish government continues to have a strong commitment to reform the gender recognition act 2004 and improve the current process for trans people. As protected information covers all information that would identify a person as being a transsexual, if successful in their application a new health record must be. As the scottish government has recognised, the gender recognition act 2004. Gender recognition act 2004 reform and young people.
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