Gender Recognition Legislation – Ireland

Broden Giambrone

Irish Context Ireland is one of the only remaining countries

in the European Union that does not allow for legal recognition of trans people.

This is despite a High Court ruling that this is incompatible with Ireland’s obligations under the European Convention on Human Rights.

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Dr. Lydia Foy takes on Ireland (Part I) 19 Years Ago: In March 1993, Dr Foy first asked

the office of the Registrar General for a new birth certificate.

5 years ago: The High Court first ruled that the failure to recognise Dr Foy in her female gender and provide her with a new birth certificate was a violation of her rights under the European Convention. 

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Dr. Lydia Foy takes on Ireland (Part II) 3 years ago: Council of Europe Commissioner

for Human Rights Thomas Hammarberg referred specifically to the Foy case saying, “There is no excuse for not immediately granting this community their full and unconditional human rights”.

2 year ago: Ireland dropped its appeal to the High Court ruling.

Today: Dr Foy (and all trans people in Ireland) still don’t have legal recognition.

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Where are we now? The Gender Recognition Advisory Group (GRAG) was

established by the Minister for Social Protection in May, 2010.

Consulted with medical and mental health experts and other stakeholders in Ireland.

Consulted with 14 organisations and 26 individuals.

Produced a 65 page document that was released in July 2011.

SO…. What did they come up with?

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GRAG Recommendations (Part I) 1. Residency/Irish Birth Registration. Applications

confined to persons whose births are registered in Ireland, persons included on the foreign Births Register and persons who are ordinarily resident in Ireland.

2. Minimum Age. Minimum age limit of 18 years

3. Marital and Civil Partnership Status. Persons in an existing valid marriage or civil partnership excluded from the scheme.

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GRAG Recommendations (Part II) 4. Permanent Transition. A clear and settled

intention to live in the changed gender for the remainder of his or her life.

5. Living in the Role. A minimum 2-year period living full-time in the changed gender.

6. Medical criteria. One of the following: A formal diagnosis of Gender Identity Disorder (GID) plus relevant

supporting medical evidence, or Medical evidence that the applicant has undergone gender

reassignment surgery, or […]

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Forced Divorce 3. Marital and Civil Partnership Status.

Persons in an existing valid marriage or civil partnership excluded from the scheme.

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Medical Criteria 6. Medical criteria. One of the following:

A formal diagnosis of Gender Identity Disorder (GID) plus relevant supporting medical evidence, or

Medical evidence that the applicant has undergone gender reassignment surgery,

[…]

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What does the GRAG say about Trans People?

What does the GRAG Report say about trans people?

“In general, the group is described as lonely, distressed, passive […]” (p. 10)

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Where does this all leave us? The recommendations are not legislation…not

yet.

The government is in the process of drafting legislation that is scheduled to be introduced in 2012 (?)

There is still time to influence the government to draft and introduce legislation that is inclusive and based on human rights principles.

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Recognition

NOWwww.teni.ie

Recognition Now In July 2011, TENI hosted a Community Forum

and over 70 people attended. Diagnosis Divorce

Lobbying politicians Training Trans Champions

Media/PR Training Touching the Surface: Trans Voices in Ireland

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What you can do? Where you can find us:

office@teni.ie www.teni.ie www.facebook.com/transequality Twitter: TENI_tweets

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