Ireland is set to become the last country in Europe to give official recognition to transgender persons following the new Gender Recognition Bill, announced Wednesday.
Six years after the European Court of Human Rights ruled that it was illegal for Ireland not to have such laws, new proposals made by Social Protection Minister Joan Burton aim to transform transgender people’s legal status. The Bill extends their new status to include all interactions with the state, such as social security.
The new measures will also grant transgender people full marriage rights as well as a new birth certificate. However, the move is already proving controversial, as a change in legal status will require the individual to be over the age of eighteen, not be married, and bear a supporting statement from their doctor.
The proposals have quickly sparked heated debate both within and outside the LGBT community, provoking highly mixed reactions. Many see the move as a first step in the right direction; speaking to The University Times, Paul Duggan, secretary to Trinity Q-Soc, describes the Bill as having “many positives” and believes it to be an important stepping stone. But he also argues that restrictions on the granting of this legal recognition continue to cause harm. Laws which exclude under-18s, he maintains, are unfair to those who are experiencing profound changes at a very important time in their life.
BeLonG To, Ireland’s national LGBT youth service, also expressed concerns at the exclusion of under-18s from the Bill. Executive Director Michael Barron stated: “For Trans young people in Ireland, this restriction will have a devastating impact…it will completely reinforce the extreme isolation, invisibility and vulnerability of Trans young people.
“Research here and abroad has shown that Trans young people face particular isolation in their schools and communities. They urgently need legal recognition, along with access to appropriate health, education, legal and other supports.”
Further difficulties regarding young transgender people and higher education surround admissions procedures. Mr. Duggan explained that without the correct documentation, children can miss out on school places, and have done so in the past.
“Correct documentation is largely about practicality and it is an essential part of establishing who we are on paper, something which is a requirement to move from one aspect of life to another whether it be exam results, a CV or your driver’s licence.” The Transgender Equality Network Ireland echoed such concerns, stating publicly that many transgender schoolchildren face difficulties coping with the education system, and that with these legal restrictions, “young people miss out on their college places because the CAO system is unable to cope with trans-identities.” They argue that reducing the age-limit would resolve these complications.
Stephen Hatton, LGBT Rights Officer of TCDSU, however, says that: “The Bill seems to accommodate for Trans* youth under 18 years of age by permitting their legal guardians to make an application to the District Court on their behalf; an important divergence from the Gender Recognition Advisory Group proposals of 2011.
“The successful Gender Identity referendum held last February to amend the SU constitution was a significant step for the Students Union and it is encouraging that the government has now also turned its attention to Trans* issues.”
Q-Soc has also voiced its opposition to the necessity of transgender people having a doctor’s note to acquire their new legal status. Mr. Duggan says that it “in many ways implies that a person who identifies as another gender has an illness or requires ‘treatment’”. The government, however, maintains that this measure was included in order to confirm that the person has transitioned into their acquired gender.
Nevertheless, Mr. Duggan affirmed: “It is still a momentous occasion to have the Gender Recognition Bill in place to begin with, and we look forward to both the change and progress that it will allow in Ireland towards equal rights.”
The Bill as it stands has yet to face committee and legislative stages of its development. It is set to go before the Oireachtas early next year.
