Review of the Gender Recognition Act 2004: consultation

Footnotes

1 Transgender (or trans) is an umbrella term used to describe a diverse range of people who find that their gender does not fully correspond with the sex they were assigned at birth.

2 The 2004 Act describes this as the gender (either the “male gender” or the “female gender”) in which an applicant is living and seeking recognition.

3 This is sometimes called the Real Life Experience test.

4 At http://www.scottishtrans.org/wp-content/uploads/2013/03/trans_mh_study.pdf (Trans Mental Health and Emotional Wellbeing Study 2012, Jay McNeil, Louis Bailey, Sonja Ellis, James Morton & Maeve Regan indicates that 66% of respondents reported that they had used mental health services for reasons other than access to gender reassignment medical assistance.

5 Rebeca Robles et al “Removing transgender identity from the classification of mental disorders: a Mexican field study for ICD-11” http://dx.doi.org/10.1016/S2215-0366(16)30165-1.

6 Dhejne C, et al “Mental Health and gender dysphoria: A review of the literature” (2016) International Review of Psychiatry 28(1), 44-57. Abstract is at https://biblio.ugent.be/publication/7081076.

7 When an applicant is married and does not have spousal consent, the Gender Recognition Panel has to issue an interim Gender Recognition Certificate ( GRC). A person in a marriage registered in Scotland who holds an interim GRC may apply to the sheriff for a full GRC under section 4E of the 2004 Act.

8 There is a discussion of the theories in Meier S.C., Labuski C.M. (2013) The Demographics of the Transgender Population. In: Baumle A. (eds) International Handbook on the Demography of Sexuality. International Handbooks of Population, vol 5. Springer, Dordrecht.

9 At http://www.scottishtrans.org/wp-content/uploads/2013/03/trans_mh_study.pdf.

10 At https://www.gov.uk/government/statistics/tribunals-and-gender-recognition-certificate-statistics-quarterly-april-to-june-2017-and-2016-to-2017 - see Main Tables at Table GRP 4.

11 At https://www.gov.uk/government/statistics/tribunals-and-gender-recognition-certificate-statistics-quarterly-april-to-june-2017-and-2016-to-2017 see Main Tables at Table GRP 4.

12 At http://www.scottishtrans.org/wp-content/uploads/2013/03/trans_mh_study.pdf.

13 At http://www.gov.scot/Topics/People/Equality/Equalities/DataGrid/Disability.

14 At https://www.mentalhealth.org.uk/statistics/mental-health-statistics-suicide.

15 Rebeca Robles et al “Removing transgender identity from the classification of mental disorders: a Mexican field study for ICD-11” http://dx.doi.org/10.1016/S2215-0366(16)30165-1

16 Dhejne C, et al “Mental Health and gender dysphoria: A review of the literature” (2016) International Review of Psychiatry 28(1), 44-57. Abstract is at https://biblio.ugent.be/publication/7081076.

17 At https://www.gov.uk/government/statistics/tribunals-and-gender-recognition-certificate-statistics-quarterly-april-to-june-2017-and-2016-to-2017. See Main Tables at Table GRP 4.

18 At https://www.gov.uk/government/collections/tribunals-statistics.

19 At https://www.gov.uk/government/collections/tribunals-statistics.

20 At http://www.gires.org.uk/wp-content/uploads/2014/10/Prevalence2011.pdf.

21 At https://www.equalityhumanrights.com/sites/default/files/technical_note_final.pdf. The aim of this research was to identify a suite of questions the answers to which would give a more comprehensive picture of the transgender population in Britain and which would be acceptable and understood by a wide range of people.

22 At https://www.equalityhumanrights.com/sites/default/files/technical_note_final.pdf. Section 7 of the Equality Act 2010 states that “A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex”.

23 At https://www.nrscotland.gov.uk/news/2016/scotlands-population-at-its-highest-ever.

24 At http://www.scottishtrans.org/wp-content/uploads/2013/03/trans_mh_study.pdf.

25 At https://www.researchgate.net/publication/262734734_An_Analysis_of_All_Applications_for_Sex_Reassignment_Surgery_in_Sweden_1960-2010_Prevalence_Incidence_and_Regrets.

26 See paragraph 76 of their Report at https://www.parliament.uk/business/committees/committees-a-z/commons-select/women-and-equalities-committee/inquiries/parliament-2015/transgender-equality/.

27 At https://www.gov.uk/government/statistics/tribunals-and-gender-recognition-certificate-statistics-quarterly-april-to-june-2017-and-2016-to-2017

28 At http://www.gov.scot/Topics/Statistics/Browse/Crime-Justice/Datasets/supptab1516. Table 2 gives divorces granted by ground.

29 At http://www.gov.scot/Topics/Statistics/Browse/Crime-Justice/Datasets/supptab1516. Table 3 gives dissolutions granted by ground.

30 At http://www.scottishtrans.org/wp-content/uploads/2013/03/trans_mh_study.pdf.

31 At http://www.gov.scot/Topics/People/Equality/Equalities/DataGrid/Ethnicity.

32 At http://www.scottishtrans.org/wp-content/uploads/2013/03/trans_mh_study.pdf.

33 At https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/218503/grp-stats-apr-jun12.pdf.

34 At https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/644443/tribunal-grc-statistics-q1-2017-18.pdf.

35 At http://www.gires.org.uk/wp-content/uploads/2014/10/Prevalence2011.pdf.

36 See the evidence from 19 countries set out in Meier S.C., Labuski C.M. (2013) The Demographics of the Transgender Population. In: Baumle A. (eds) International Handbook on the Demography of Sexuality. International Handbooks of Population, vol 5. Springer, Dordrecht.

37 At https://www.equalityhumanrights.com/sites/default/files/technical_note_final.pdf.

38 At https://www.nrscotland.gov.uk/news/2016/scotlands-population-at-its-highest-ever.

39 At https://www.scottishtrans.org/non-binary/.

40 At http://www.scottishtrans.org/wp-content/uploads/2013/03/trans_mh_study.pdf.

41 In respect of this protected characteristic, a body subject to the Public Sector Equality Duty (which includes Scottish Government) only needs to comply with the first need of the duty (to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010) and only in relation to work. This is because the parts of the Act covering services and public functions, premises, education etc. do not apply to that protected characteristic. Equality impact assessment within the Scottish Government does not require assessment against the protected characteristic of Marriage and Civil Partnership unless the policy or practice relates to work, for example HR policies and practices.