Gender Recognition

Under the United Kingdom Gender Recognition Act, trans people who have a diagnosis of gender dysphoria, and can evidence having lived continuously in role for two years, may apply to the Gender Recognition Panel (GRP) for a Gender Recognition Certificate (GRC).

The GRC then entitles them to recognition of the gender status recorded on that certificate “for all purposes”. Where the person’s birth was originally registered in the UK, the GRC may be used to obtain a new birth certificate. An Interim GRC may be obtained by those who meet the above criteria, but whose marital/civil partnership status must be altered before the full GRC can be awarded.

The Gender Recognition Act also introduces specific protection (PDF, 50KB) for the personal information of trans people. Solicitors are also bound to protect the information of any transgender people holding a GRC that they deal with regardless of whether or not they are clients.

As part of the gender recognition process the UK credit rating agencies have set in place special arrangements to protect the identity of trans people.

Spousal Veto

Prior to the amendment in December 2014, Chris Grayling, the then Secretary of State for Justice and Lord Chancellor, requested comment on the spousal veto in current marriage legislation that prevents the issue of a Gender Recognition Certificate to a person who would otherwise be entitled to receive one. GIRES has responded to that request.

Document: GIRES Position on Spousal Veto (PDF, 135KB)

Human Rights & Gender Identity

The Commissioner for Human Rights of the Council of Europe, Thomas Hammarberg, gave the most extensive statement on the serious situation of transgender persons by a European official ever, on the 29th July 2009 in Copenhagen. Here he launched his issue paper Human Rights and Gender Identity (PDF, 315KB).

“The human rights situation of transgender persons has long been ignored and neglected, although the problems they face are serious and often specific to this group alone. Transgender people experience a high degree of discrimination, intolerance and outright violence. Their basic human rights are violated, including the right to life, the right to physical integrity and the right to health.”.

Australian Sex & Gender Diversity Project

The sex and gender diversity project of the Australian Human Rights Commission focused on the legal recognition of sex in documents and government records.

Document: The sex and gender diversity project (PDF, 526KB)

WPATH Statement on Legal Recognition of Gender Identity

The World Professional Association for Transgender Health (WPATH) has issued a statement regarding it’s position on legal gender recognition. In the statement they urge governments around the world to “eliminate unnecessary barriers, and to institute simple and accessible administrative procedures for transgender people to obtain legal recognition of gender, consonant with each individual’s identity, when gender markers on identity documents are considered necessary.”

Document: WPATH Statement on Legal Recognition of Gender Identity (PDF, 164KB)