Gender Recognition Act

• UK: Keep calm and respect diversity, says UN expert

  11 May, 2023 · 5 min read · ECHR: Equality Act Review un gender recognition act gender reassignment protected characteristic  ·

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  The UN Independent Expert on SOGI, Victor Madrigal-Borloz, has issued a statement following his visit to the UK and Ireland in May 2023.

  Abusive rhetoric by politicians, the media and social commentators has trickled down to produce increasingly abusive and hateful speech against LGBT persons in the United Kingdom (UK), the UN independent expert on sexual orientation and gender identity warned today.

  The expert expressed grave concern about delays in long-promised legislation to ban practices of “conversion” of sexual orientation and gender identity. “The vicissitudes of this and other necessary public policies appear to be connected to political discourse concerning gender-diverse persons and refugees and asylum seekers, two areas in which recent State actions are cause for concern,” Madrigal-Borloz said.

  
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  • https://www.ohchr.org/en/press-releases/2023/05/uk-keep-calm-and-respect-diversity-says-un-expert
  • https://www.ohchr.org/sites/default/files/documents/issues/sexualorientation/statements/eom-statement-UK-IE-SOGI-2023-05-10.pdf

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  Added: 11 May, 2023

• Women and Equalities Committee: Recommendations to Reform of the Gender Recognition Act

  21 Dec, 2021 · Gender Recognition Act Women and Equalities Committee  ·

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  "Women and Equalities Committee recommendations to UK government to reform the Gender Recognition Act.

  • Better guidance on the single-sex and separate-sex exceptions.
  • Develop a healthcare strategy for transgender and non-binary people within the next year.
  • Opening at least three new gender identity clinics.
  • Reducing the fee for a GRC to £5.
  • Review be conducted of whether the Gender Recognition Panel could be removed.
  • The requirement of a diagnosis for gender dysphoria in order to obtain a Gender Recognition Certificate (GRC) should be removed.
  • The spousal consent provision should be removed.
  • Expressed concerned that the Government Equalities Office appears to have abandoned the LGBT Action Plan and we urge the Government to commit to continuing to implement the Plan across all departments. "

  
  

  • https://publications.parliament.uk/pa/cm5802/cmselect/cmwomeq/977/report.html
  • https://publications.parliament.uk/pa/cm5802/cmselect/cmwomeq/977/summary.html

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  Added: 10 Apr, 2023

• Authentic Equity Alliance C.I.C., R (On the Application Of) v Commission for Equality And Human Rights [2021] EWHC 1623 (Admin) (06 May 2021)

  6 May, 2021 · 1 min read · ehrc gender recognition act gender reassignment protected characteristic  ·

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  The notion of a single-sex space is not a sufficient justification to ban trans individuals from those spaces.

  An exemption does exist in the GRA and the GR protected characteristic which allows for legal discrimination against trans individuals in limited circumstances.

  Case number: CO/4116/2020

  Cite as: [2021] EWHC 1623 (Admin)

  (5) The claimant has put forward a number of iterations of the alleged misstatement of the law, none of which is, in my judgment, arguable.

  (9) The claimant's first proposition is, accordingly, unarguable.

  (12) [...] The claimant's point in its Reply accordingly shows no arguable error of law.

  (14) That is in my view an untenable view of the legislation. [...]

  (28) For all these reasons I do not consider the claimant's case to be arguable and refuse permission to proceed on that ground.

  
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  • http://www.bailii.org/ew/cases/EWHC/Admin/2021/1623.html

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  Added: 10 Apr, 2023

• CHRISTINE GOODWIN v. THE UNITED KINGDOM - 28957/95 [2002] ECHR 588 (11 July 2002)

  11 Jul, 2002 · art. 12 human rights art. 8 human rights echr gender recognition act  ·

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  Goodwin v. UK (2002) established that the UK was in breach of art. 8 and art. 12 of the ECHR, which resulted in the creation of the Gender Recognition Act 2004.

  Case number: 28957/95

  Cite as: [2002] 2 FCR 577, (2002) 35 EHRR 447, [2002] 35 EHRR 447, 35 EHRR 18, [2002] Fam Law 738, [2002] 2 FLR 487, 35 EHRR 447, [2002] IRLR 664, [2002] ECHR 588, 13 BHRC 120, [2002] 35 EHRR 18, (2002) 35 EHRR 18, (2002) 67 BMLR 199

  (53) [...] The question is whether non-recognition of gender reassignment for the purposes of marriage is compatible with articles 8 and 12. The answer to this question is clear: it is not compatible. [...]

  
  

  • http://www.bailii.org/eu/cases/ECHR/2002/588.html

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  Added: 10 Apr, 2023

• PETITION OF FOR WOMEN SCOTLAND LTD FOR JUDICIAL REVIEW OF THE DEFINITION OF "WOMAN" CONTAINED IN THE GENDER REPRESENTATION ON PUBLIC BOARDS (SCOTLAND) ACT 2018 AND DECISIONS OF THE SCOTTISH MINISTERS RELATED THERETO (FIRST) THE LORD ADVOCATE AND (SECOND) THE SCOTTISH MINISTERS AND FOR PUBLIC INTEREST INTERVENTION THE EQUALITY NETWORK (INTERVENOR) [2021] ScotCS CSOH_31 (23 March 2021)

  11 Jul, 2002 · s.7 Equality Act 2010 s.11 Equality Act 2010 gender recognition act  ·

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  Now overturned FWS judgment on the term women. This judgment explicitly excluded trans women in scotland from equal opportunity measures related to Gender Representation on Public Boards.

  As a common theme in many anti-trans legal cases, they attempt to argue that equality laws should be used to discriminate against trans individuals.

  Case number: P697/20

  Cite as: [2021] ScotCS CSOH_31, 2021 GWD 12-161, [2021] CSOH 31, 2021 SLT 639

  (24) [...] The final general point was that the exclusion from the reserved matter of equal opportunities contained within L2 related to the inclusion of persons with protected characteristics. It was specifically designed to allow the Scottish Parliament to include various persons rather than to be exclusive.

  
  

  • http://www.bailii.org/scot/cases/ScotCS/2021/2021_CSOH_31.html

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  Added: 10 Apr, 2023