Legal Gender Recognition in Ireland Broden Giambrone, Chief Executive (TENI) Sara R. Phillips, Chair (TENI)
Transgender Equality Network Ireland (TENI) • • • National transgender organisation in Ireland. Founded in 2006. 6 staff/12 Board. Support, education and advocacy. Vision: “TENI seeks to improve conditions and advance the rights and equality of trans people and their families. ”
Ireland • 4. 5 million people in ROI. • Homogenous culture (96% white). • Catholic (84%). • Assumed to be conservative around sexuality and gender identity. • Marriage Equality Referendum passed on May 22 nd 2015 (Passed with 62% of popular vote).
Trans Rights in Ireland • Until July 2015, Ireland was one of the last countries in the European Union that did not provide any legal recognition for transgender people. • This was despite the fact that in 2007, the High Court held that Dr Lydia Foy’s rights under the European Convention on Human Rights (ECHR) had been violated by the refusal to supply her with a new birth certificate. • Dr Lydia Foy first asked for her birth certificate in 1993.
Why Gender Recognition Matters “Not having a correct birth certificate highlights the total lack of respect, human dignity and inequality evident among the transgender community in Ireland. The constant fear of being outed on official documentation is horrendous to have to explain something so private and personal and intimate is very upsetting, unnecessary and almost inhumane. I am not looking for special treatment I am looking for equal treatment. ”
Irish Gender Recognition Act • Self-determination (No diagnosis/medical treatment/certificate). • Recognition of 16 & 17 year olds. • Simple, quick and affordable administrative process.
Quick, Transparent and Accessible • Gender Recognition Act was commenced in September. • Individuals apply for a Gender Recognition Certificate and then a new birth certificate. • Total process takes less than two weeks and generally costs less than € 50. • Over 130 people now legally recognised. = Quick, transparent, accessible.
Change Making: What Actually Happened
Progress of Gender Recognition in Ireland 2011 • Formal diagnosis of Gender Identity Disorder OR medical evidence of gender reassignment surgery • Proof of 2 years “Real Life Test” • Single criteria/forced divorce • 18+ • No intersex • Problematic sports clause (2013) 2015 • Quick, transparent and accessible process • Self-determination • No single criteria • 16 & 17 year olds can be legally recognised
Community Engagement & Mobilisation • Gender recognition became a strategic priority for TENI in 2010. • TENI is a community-driven organisation (‘Nothing about us, without us’). • Necessity for community direction and ‘buy-in’ for legislative goals. • Community forums with trans community held 2011 and 2013 to create a space to discuss the legislation and identify priority areas. • Advocacy was strengthened because we had our community behind us.
Winning Hearts & Minds • Trans people in Ireland face significant levels of stigmatisation and discrimination. • BUT we knew the only way to change ‘hearts and minds’ of Irish society was through personal experiences/narratives.
Gender Recognition Matters https: //www. youtube. com/watch? v=PK 00 GSTYh. SQ
Lobbying • • TENI met over 60 politicians from all political parties. Developing relationships has been critical. Became the ‘go-to’ organisation on trans issues. Evidence-based policy briefs have grounded advocacy in legal and human rights frameworks.
Partnerships & Consensus Building • Civil society partnerships (e. g. LGBT & human rights). • National/Statutory human rights and equality bodies (IHREC, Ombudsman for Children). • International civil society (e. g. TGEU, ILGA, HRW). • We created or own evidence base. • Example: – – Worked with Civil society on Committee submissions. Lobbied politicians on the Committee. Result = Strong consensus and clear message. Impossible to ignore.
Usage of International Good Practice • In 2012, when Argentina passed their recognition legislation there was something to ‘hook’ our arguments = best practice. • Denmark in 2014 moved to self-determination. • And then Malta! • If Malta could do it, why couldn’t we?
Rally for Recognition • Rally for Recognition in 2012 and 2015. • Successful in getting media coverage. • Empowering to participants but difficult to get people engaged. • Limited numbers (200 vs. 10, 000 at the last March for Marriage).
Achieving Success • Trans community in Ireland organised and advocated on our own behalf = “Nothing about us, without us. ” • TENI met and lobbied over 60 politicians and worked with civil servants on the legislation. • Collaborated with civil society, human rights and LGBT groups to speak with one voice. • Embed trans rights in human rights discourse. • Trans people told their own stories = Changing hearts and minds. • Passage of Marriage Equality Referendum.
What’s Next? • Over 130 people legally recognised in past 9 months. • 3 people between the ages of 16 &17. • In 2017, the Irish Government will review the legislation, TENI is campaigning to: – Ensure young trans people under 16 will be legally recognised. – Explore meaningful inclusion of intersex experiences in law. – Provide non-binary identity recognition (X or other designation).
Discussion • ? ? ?
Thank You
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