Review of the gender recognition act 2004 the scottish. The requirements laid down in the 2004 act are too intrusive and onerous. The grc legally confers a person all the rights of his or her acquired gender from the date of recognition. The commission considers that a simplified system for obtaining legal recognition of gender through a change in legal sex would better support trans people. On 4 april 2005 the gender recognition act 2004 created a process to enable a transsexual person to get their uk birth certificates and legal gender changed. Section 4 of the act requires that where a panel has granted an application to a. T455 the general guide for all users gender recognition act 2004. Prior to its implementation, the estimated 5000 transsexual people. 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. Oct 18, 2018 changes to the gender recognition act 2004 gra to remove unnecessary barriers trans people currently face in obtaining a gender recognition certificate grc in england and wales.
The gender recognition act 2004 is the legal framework by which a transgender person can have their preferred gender legally recognised. Jan 30, 2017 the gender recognition act 2004 the act provides transsexual people with the opportunity to obtain legal recognition in their acquired gender. Legal recognition follows from the issue of a full gender recognition certificate by a gender recognition panel. The vast majority of transgender people do not have legal gender recognition and remain legally the sex they were born. Rebecca bull gender recognition and legal sex change once a person has a gender recognition certificate grc their gender becomes for all purposes the acquired gender in line with section 91 gender recognition act 2004 gra. The gender recognition act 2004 allows transgender people to apply to the. There are changes that may be brought into force at a future date. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Review of the gender recognition act 2004 citizen space. Gender recognition act 2004 reform and young people. The purpose of the act is to provide transsexual people with legal recognition in their acquired gender. The gender recognition act 2004 is to be welcomed in many respects. Information sharing the gender recognition act 2004 nhs.
After a successful application, a persons birth register is amended and a new birth certificate is. A critique of the gender recognition act 2004 springerlink. At the time, the 2004 act was seen as groundbreaking. 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 gender recognition act 2004 legal recognition i or the shift. This is because the uk is, at least ostensibly, the first state. Trans people are able to receive legal recognition of their acquired gender through a process set out in the gender recognition act gra 2004. The transsexual person can apply to the governments gender recognition panel for a grc. Brown signs gender recognition act creating nonbinary. Guide to supporting patients accessing specialist gender identity services section 5. As the scottish government has recognised, the gender recognition act 2004 is far remo ved from reflecting. There is a significant disparity between the number of trans people that report they would be interested in applying for a grc, and the number that successfully do so. Gender recognition act 2004 is up to date with all changes known to be in force on or before 27 august 2019.
There are 4 elements that require compliance to succeed in an application. Gender recognition certificates are issued by the gender recognition panel part of the tribunal service. Rights, capacity and welfare dr kath murray february 2019 updated march 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. At the moment, trans people have to endure a long and demeaning process to prove their gender identity. 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. Gender recognition act 2004 national assembly for wales. Although a feat for transgendered people, the passing of the act however, was not met without criticism. Pdf feminism and the gender recognition act 2004 ralph.
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. Feb 05, 2019 the paper concludes that it is currently not clear whether formal recognition of gender identity by the state from the age of 16 is in the best interests of young people, and that greater emphasis should be placed on welfare principles. Birth certificates are legal documents and there are many reasons why. Under the provisions of the gender recognition act 2004 transsexual people who can demonstrate that they have taken decisive steps to live fully and permanently in their acquired gender, acquire the rights and entitlements appropriate to that gender. Feb 11, 2020 2 impact of gender recognition reform on sex based rights.
Findings burdens of the existing system the idea that i will have to wait 2 years, pay at least. 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. The gender recognition act 2004 gra governs how trans people can have their identity legally recognised. The term used in the gender recognition act 2004 is acquired gender to mean the gender role that a person has transitioned to live their life in and which matches their self perceived gender identity. The act establishes the gender recognition panel to which transsexual people who. Gender recognition act consultation response final 10. Feminism and the gender recognition act 2004 request pdf. This was groundbreaking in its time its now seriously out of date and needs reform. There are outstanding changes not yet made by the legislation. 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.
Since the gra came into force, only 4,910 people have legally changed their gender. Response of the equality and human rights commission to the. The gender recognition act 2004 is an act of the parliament of the united kingdom that allows. Scottish applicants would have legal recognition of their acquired gender from the date of the issue of the certificate.
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. We are seeking your views on how best to reform the gender recognition act 2004. Those changes will be listed when you open the content using the table of contents below. And legal gender recognition is an essential element of other. 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. This article critiques recent uk transgender law reform. Gender recognition act 2004 and this guidance, but people in this. The process of applying for legal recognition of the gender with which a person identifies is a devolved matter that the scottish parliament can legislate for. The gender recognition act 2004 only allows a trans person to be recognised as a man or a woman. Visit this page again soon to download the outcome to this public feedback.
The gender recognition act 2004 allows transgender people to apply to the gender recognition panel to obtain legal recognition of their acquired gender. Gender recognition act 2004 the gender recognition act allows trans people to change their legal gender. What links here related changes upload file special pages permanent link page information wikidata item. Although the gender recognition act 2004 was a notable step forward in the journey towards transgender equality, it is now considerably dated and in dire need of reform. We have read with interest the consultation document concerning the gender recognition act 2004 and note that the minister is particularly interested in hearing from inter alia religious bodies. A trans person over the age of 18 can apply for a gender recognition certificate. Is the gender recognition act 2004 as important as it seems. Japans gid special cases act was drafted in 2003 and came into force in 2004. Mayor of londons consultation response on the reform of the gender recognition act 2004.
Jan 24, 2020 scottish government would consult on a draft bill to reform the gender recognition act 2004 gra, and the process by which people can gain legal recognition of their selfdeclared gender identity. Gender recognition act 2004 gender identity research. Consequences of issue of gender recognition certificate etc. Reform of the gender recognition act government consultation a response from the church of england. The gender recognition act 2004 fair play for women. Revised legislation carried on this site may not be fully up to date. The gender recognition act 2004 department of health. Feminism and the gender recognition act 2004 springerlink. 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. Oct 16, 2017 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. 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. Anyone who acquires that information in an official capacity may be breaking the law if they disclosed it without the subjects consent.
Recognition act 2004 chapter 7 text 1 introduction gender recognition act 2004 chapter 7 by enid blyton dec 07 2019 pdf gender recognition act 2004 chapter 7 gender recognition act 2004 2004 chapter 7 an act to make provision for and in connection with change ofbuy gender recognition act 2004 elizabeth ii chapter 7 by great britain isbn. Gender recognition act 2004 is up to date with all changes known to be in force on or before 20 april 2020. It does not allow legal gender recognition for nonbinary people, who do not identify exclusively as men or women. The gender recognition act 2004 gra press for change. 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. The scottish government believes the 2004 act needs to be reformed and simplified. Angela constance msp cabinet secretary for communities.
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. Applicants to the gender recognition panel are required to supply evidence from a medical practitioner in support of their application. Aug 31, 2016 legal status was restored across the uk with the gender recognition act 2004 and the associated gender recognition certificate grc. This consultation, therefore, does not consider the question of whether trans people exist or whether they have the right to legally change their gender. 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 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 gender12, subject to certain exceptions to be discussed later.