Transgender rights in Ireland

Last updated

Transgender protest sign in Dublin reads: "Screw your assimilation, we want trans liberation." 2018 Dublin Trans Pride 2018 9.jpg
Transgender protest sign in Dublin reads: "Screw your assimilation, we want trans liberation." 2018

A citizen of Ireland is legally permitted to change the designation of their gender on government documents through self-determination. In 2015, Ireland was the fourth state in the world to permit such alterations to government documents. [1] By May 2017, 230 people had been granted gender recognition certificates under the law. [2] Section 16 of the Act entitles the holder of a gender recognition certificate to apply to have the certificate amended if there is a clerical error or an error of fact in the content of the certificate. Two such corrections have been made since commencement of the Act. [3]

Contents

There are currently no laws to recognize non-binary gender.

History

In 2002, Lydia Foy applied to the High Court to change her gender on her birth certification. The application was rejected on the ground that the birth certificate was deemed to be a historical document. [4] Foy took new proceedings to the High Court relying on the decisions of the European Court of Human Rights in the Goodwin and "I" cases. Her application was heard between 17 and 26 April 2007. Judgment was given on 19 October 2007. The Judge held that the Irish State had failed to respect Foy's rights under Article 8 of the European Convention on Human Rights by not providing any mechanism for her to obtain a new birth certificate designating her gender as female. He indicated that he would grant a declaration that Irish law in this area was incompatible with the Convention. He also said he would have found her right to marry under Article 12 of the Convention had been infringed as well if that had been relevant. On 14 February 2008, the Judge granted a declaration that sections of the Civil Registration Act 2004 were incompatible with Article 8 of the Convention. This was the first declaration of incompatibility made under the European Convention on Human Rights Act passed in 2003. [5]

The Government of Ireland initially appealed the court's decision but dropped its appeal. The Government set up an advisory group of civil servants to make recommendations for new legislation. The advisory group's report was published in July 2011, [6] There was some controversy over some of its recommendations, notably that married transgender persons would have to divorce before they could be recognised in their new gender. At the launch of the report, the Minister responsible stated that the Government would introduce gender recognition legislation as soon as possible. [7]

Since no legislation had been introduced by February 2013, Foy issued new proceedings in the High Court. She sought a declaration that the State was obliged to issue her with a new birth certificate designating her gender as female, or that the State was in breach of the Irish Constitution or the European Convention on Human Rights because it had failed to provide her with an effective remedy for the violation of her rights. [8] [9]

On 15 July 2015, the Oireachtas passed the Gender Recognition Act 2015 which permits an Irish citizen to amend their gender on government documents through self-determination. The law does not require any medical intervention by the applicant nor an assessment by the state. [10] Such amendments are possible through self-determination for any person aged 18 or over who is ordinarily resident in Ireland and/or registered on Irish registers of birth or adoption. Persons aged 16 to 18 years must secure a court order to exempt them from the normal requirement to be at least 18. [11]

In November 2022, charity network Transgender Europe found that wait times for access to a first appointment for gender affirming healthcare in Ireland ranged from 2.5 years to 10 years. It further found that Ireland had only one public trans health provider, which was severely understaffed, and that patients seeking care there were reportedly denied for reasons including being on social welfare, having a diagnosis of ADHD, or not answering a series of "highly sexualized questions" in "the right way", leading many Irish trans people to turn to alternative methods of securing healthcare including the private sector and self-administering hormone therapy. Advocacy group Trans and Intersex Pride Dublin's response was to advocate for an informed consent model of healthcare access, saying "Trans people should be empowered to make decisions about their transition themselves". [12] [13]

See also

Related Research Articles

The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transgender individuals face discrimination in employment, housing, healthcare, and other areas of life.

<span class="mw-page-title-main">Gender Recognition Act 2004</span> UK parliament act

The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows adults in the United Kingdom who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005.

<span class="mw-page-title-main">Transgender rights in Canada</span> Rights of transgender individuals in Canada

Transgender rights in Canada, including procedures for changing legal gender and protections from discrimination, vary among provinces and territories, due to Canada's nature as a federal state. According to the 2021 Canadian census, 59,460 Canadians identify as transgender. Canada was ranked third in Asher & Lyric's Global Trans Rights Index in 2023.

<span class="mw-page-title-main">LGBT rights in the Republic of Ireland</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the Republic of Ireland are among the most advanced in Europe. Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBT issues, in part due to the opposition by the Roman Catholic Church, to one holding overwhelmingly liberal views in the space of a generation. In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote. The New York Times declared that the result put Ireland at the "vanguard of social change". Since July 2015, transgender people in Ireland can self-declare their gender for the purpose of updating passports, driving licences, obtaining new birth certificates, and getting married. Both male and female expressions of homosexuality were decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed. Ireland also forbids incitement to hatred based on sexual orientation.

<span class="mw-page-title-main">Lydia Foy</span> Irish transgender activist

Lydia Annice Foy is an Irish trans woman notable for leading legal challenges regarding gender recognition in Ireland. In 1992, Foy had sex reassignment surgery, and began a 20-year battle to have her birth certificate reflect her gender identity. In 2007, the Irish High Court ruled that the relevant portions of the law of the Republic of Ireland were incompatible with the European Convention on Human Rights, but by February 2013 the law had not been changed and she began new legal proceedings to enforce the 2007 decision. As of 15 July 2015, Ireland has passed the Gender Recognition Bill 2014.

In the United States, the rights of transgender people vary considerably by jurisdiction. In recent decades, there has been an expansion of federal, state, and local laws and rulings to protect transgender Americans; however, many rights remain unprotected, and some rights are being eroded. Since 2020, there has been a national movement by conservative/right-wing politicians and organizations to target transgender rights. There has been a steady increase in the number of anti-transgender bills introduced each year, especially in Republican-led states.

<span class="mw-page-title-main">LGBT rights in the Northern Territory</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Australia's Northern Territory have the same legal rights as non-LGBT people. The liberalisation of the rights of lesbian, gay, bisexual and transgender (LGBT) people in Australia's Northern Territory has been a gradual process. Homosexual activity was legalised in 1983, with an equal age of consent since 2003. Same-sex couples are recognised as de facto relationships. There was no local civil union or domestic partnership registration scheme before the introduction of nationwide same-sex marriage in December 2017, following the passage of the Marriage Amendment Act 2017 by the Australian Parliament. The 2017 Australian Marriage Law Postal Survey, designed to gauge public support for same-sex marriage in Australia, returned a 60.6% "Yes" response in the territory. LGBT people are protected from discrimination by both territory and federal law, though the territory's hate crime law does not cover sexual orientation or gender identity. The territory was the last jurisdiction in Australia to legally allow same-sex couples to adopt children.

<span class="mw-page-title-main">Transgender Equality Network of Ireland</span> Irish nonprofit organisation

Transgender Equality Network of Ireland (TENI) is an Irish nonprofit organisation founded in 2006, which seeks to improve conditions and rights for transgender people and their families in Ireland.

<span class="mw-page-title-main">Intersex human rights</span> Human rights for intersex people

Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals, that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies."

<span class="mw-page-title-main">Legal recognition of intersex people</span>

Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the United Nations Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies".

<span class="mw-page-title-main">Discrimination against intersex people</span>

Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies". "Because their bodies are seen as different, intersex children and adults are often stigmatized and subjected to multiple human rights violations".

Transgender rights in Australia have legal protection under federal and state/territory laws, but the requirements for gender recognition vary depending on the jurisdiction. For example, birth certificates, recognised details certificates, and driver licences are regulated by the states and territories, while Medicare and passports are matters for the Commonwealth.

<span class="mw-page-title-main">Transgender rights in New Zealand</span>

Transgender and non-binary people in New Zealand face discrimination in several aspects of their lives. The law is unclear on the legal status of discrimination based on gender identity, and also for intersex people.

<span class="mw-page-title-main">Legal recognition of non-binary gender</span>

Multiple countries legally recognize non-binary or third gender classifications. These classifications are typically based on a person's gender identity. In some countries, such classifications may only be available to intersex people, born with sex characteristics that "do not fit the typical definitions for male or female bodies."

<span class="mw-page-title-main">Transgender rights in the United Kingdom</span>

Transgender rights in the United Kingdom have varied significantly over time, with transgender Britons facing certain social challenges not experienced by non-trans individuals. These include various laws and public attitudes in regards to identity documents, as well as anti-discrimination measures used by or pertaining to transgender people, in the areas of employment, education, housing and social services, amongst others.

<span class="mw-page-title-main">Transgender rights in Germany</span> Rights of transgender people living in Germany

Transgender rights in the Federal Republic of Germany are regulated by the Transsexuellengesetz since 1980, and indirectly affected by other laws like the Abstammungsrecht. The law initially required transgender people to undergo sex-reassignment surgery in order to have key identity documents changed. This has since been declared unconstitutional. The German government has pledged to replace the Transsexuellengesetz with the Selbstbestimmungsgesetz, which would remove the financial and bureaucratic hurdles necessary for legal gender and name changes. Discrimination protections on the basis of gender identity and sexual orientation vary across Germany, but discrimination in employment and the provision of goods and services is in principle banned countrywide.

<span class="mw-page-title-main">Gender self-identification</span> Legal concept

Gender self-identification is the concept that a person's legal sex or gender is determined by their gender identity without any medical requirements, such as via statutory declaration.

<span class="mw-page-title-main">Gender Recognition Reform (Scotland) Bill</span> Proposed Scottish law

The Gender Recognition Reform (Scotland) Bill is a bill passed by the Scottish Parliament. The bill seeks to amend the Gender Recognition Act 2004 of the Parliament of the United Kingdom, making it simpler for people to change their legal gender. On 17 January 2023, the United Kingdom government used section 35 of the Scotland Act 1998 to block the bill from receiving royal assent, the first time section 35 has been used.

In some countries, a gender recognition certificate is a vital record to indicate a legal change of gender identity. This is distinct from a birth certificate, which is often amended in various countries following a legal gender change.

References

  1. ↑ McDonald, Henry (16 July 2015). "Ireland passes law allowing trans people to choose their legal gender". The Guardian. Retrieved 13 November 2015.
  2. ↑ Rogers, Stephen (22 May 2017). "230 'gender recognition certificates' issued since 2015". Irish Examiner.
  3. ↑ Gender Recognition Act 2015, "Annual Report for 2018", Pg 8. Published 28/06/2019.
  4. ↑ "Dr Lydia Foy's Case". Transgender Equality Network Ireland. Archived from the original on 27 April 2015. Retrieved 16 May 2015.
  5. ↑ Foy -v- An t-Ard Chláraitheoir & Ors [2007] IEHC 470, 19 October 2007, retrieved 3 December 2021
  6. ↑ "Information about the Department of Social Protection's package for 2022" . Retrieved 3 December 2021.
  7. ↑ Ring, Evelyn (15 July 2011). "Gender recognition legislation move 'a step along the way'". Irish Examiner. Retrieved 3 December 2021.
  8. ↑ Holland, Kitty. "Transgender woman to sue over birth certificate delay". The Irish Times. Retrieved 3 December 2021.
  9. ↑ Stack, Sarah (28 February 2013). "Dentist in new gender legal bid". Irish Examiner. Retrieved 3 December 2021.
  10. ↑ " "Ireland passes bill allowing gender marker changes on legal documents". 16 July 2015. Retrieved 12 September 2015.
  11. ↑ "Gender Recognition Certificate". Department of Social Protection. Retrieved 13 November 2015.
  12. ↑ Holland, Kitty (31 October 2022). "Ireland ranked worst for transgender healthcare in EU". The Irish Times . Retrieved 3 November 2022.
  13. ↑ Chudy, Emily (2 November 2022). "Trans people face agonising 10-year wait for healthcare in Ireland".
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.