GCN article on trans rights

Annasopra

Trans Rights – Towards Recognition and
Respect
Lesbian, gay, bisexual, transgender and queer
people in Ireland share a common experience of
breaking society’s gender rules and norms,
some because of who we are and some because
of whom we love. In Government for National
Recovery 2011-2016, the coalition government
announced its support for transgender equality
promising that transgender people will have
legal recognition and that the protections of the
equality legislation will be extended to them.
Ireland, at last, seems to be addressing trans
issues from a human rights perspective and
moving towards recognising, realising and
respecting the fundamental rights of trans
people. Trans rights are finally beginning to
catch up with those of our lesbian, gay, bisexual
and queer siblings.
Transgender or trans is an umbrella term
referring to people whose gender identity and/
or gender expression differs from the sex
assigned to them at birth. It is a fluid term that
includes and implies many different identities
such as transgender, transsexual, transvestite,
cross dressing and gender-variant or differently
gendered people, who identify as, or are
perceived to be, transgressing stereotypical
gender norms.
Intersex is an umbrella term for a variety of
experiences where a person is born with or
develops a reproductive or sexual anatomy that
does not seem to fit the typical definitions of
male or female. (Please include in separate text
box)
The fact that there is currently no process for
legal recognition of the gender identity of trans
people – having one’s self-identified gender
legally acknowledged and socially respected,
regardless of traditional and binary gender
norms – contributes to the discrimination that is
often experienced. The proposed gender
recognition legislation must be inclusive,
comprehensive and carefully considered. It has
to be informed by and aware of different
gendered experiences so that it appropriately
addresses and reflects the lived realities of trans
and intersex people and their families in Ireland.
Given such diversity, it is essential that the legal
and policy framework does not seek to impose a
‘one-size-fits-all’ approach. Forthcoming
legislation for gender recognition gives the new
government a unique opportunity to ensure
human rights and dignity by enacting a
comprehensive and achievable vision that
advances a new respect and recognition of trans
and intersex people in Ireland.
In recent years, there has been a paradigm shift
from the consideration of trans identities as a
mental disorder, to the recognition of the
human right of gender identity and gender
expression, confirmed in international human
rights declarations such as the Yogyakarta
Principles (2007)#, the UN Declaration on
Sexual Orientation and Gender Identity (2008)#,
and the Issue Paper, Human Rights and Gender
Identity by Thomas Hammarberg, Council of
Europe Commissioner for Human Rights
(2009)#. Gender expression that differs from
social expectations of assigned birth sex does
not meet any medical or scientific definition of
mental pathology and is merely a
pathologisation of difference. However,
difference is not disease.
There is concern with continued approaches to
pathologise trans and intersex experiences
where too much influence is in the hands of
mental health professionals at the expense of
the autonomy of the individual. There is a
growing international trans movement to
demand the removal of Gender Identity
Disorder (GID) from the international diagnostic
manuals, DSM (American Psychiatric
Association)# and ICD (World Health
Organisation)#. In many countries, including
the UK, an individual’s right to gender
recognition is denied because they do not want
a diagnosis of Gender Identity Disorder – a
diagnosis that labels trans people as ‘mentally ill’
and reinforces social stigma and discrimination,
as well as specifically excluding intersex
experience. As with all people, the rights,
dignity, autonomy and self-determination of
trans or intersex individuals is of paramount
importance and this should be reflected in any
gender recognition legislation.
Trans people and their spouses or partners are
invisible and the reality of many trans people in
loving, supportive relationships and families is
not recognised. Despite same-sex marriage
prohibition in Irish law, the State’s continuing
denial of the recognition of trans people
effectively permits marriages between two
people with the same gender identity. Trans
people who are in existing marriages or future
civil partnerships should not be excluded from
the legislation. Allowing individuals to remain
married will not impact greatly on society and
instead will ensure respect and recognition for
the individuals involved and their children.
A quick, transparent and respectful process for
legal gender recognition is required; one that
will be efficient, fair and non-discriminatory,
respecting dignity and privacy. Legal obstacles
should not stand in the way of trans and
intersex people’s wish to live a life that reflects
their gender identity. There is no need for the
process to impose additional burdens, such as
forced divorce, sterilisation or presentation
before a gender recognition panel to require
further justification of an individual’s identity.
Respect, recognition and equality of trans rights
that fully reflects and acknowledges the diversity
of gender open up legal possibilities. Issues
concerning diagnosis, treatment and self-
determination will become increasingly
prominent in human rights law. It is vital that
the opportunity to promote and establish
equality and human rights for all trans and
intersex people is not missed. It is time for
recognition and protection under the equality
legislation that will bring dignity and respect to
people who have experienced discrimination
and exclusion. This small but growing number
of people, who have been marginalised,
invisible and have experienced social exclusion,
discrimination, and lack of respect, will now be
granted rights to live in dignity and finally can
participate as equal and recognised members of
society.
Although one of the last countries in Europe to
introduce gender recognition legislation, Ireland
is now in a position to lead in enacting
progressive and inclusive legislation that fully
respects and protects the human rights of trans
and intersex people. The question now is how
soon will the Irish Government put its words
into action?
Afternoon T with LGBT Noise on Saturday 9th
April 2011 is a great opportunity to discuss trans
issues and learn more about advocating for
trans rights. TENI is working to ensure that
gender recognition legislation is enacted in
Ireland. Please see www.lgbtnoise.ie or
www.teni.ie for more information.
Cat McIlroy is the author of Transphobia in
Ireland, a research report on the social and
legal situation of trans people in Ireland. He is
the former Co-ordinator of TENI and is currently
a Steering Committee Member of Transgender
Europe (TGEU) and Organiser with LGBT Noise.