Publication - Consultation paper

Gender Recognition Reform (Scotland) Bill: consultation

Published: 17 Dec 2019
Directorate:
Justice Directorate
Part of:
Law and order
ISBN:
9781839604331

The draft Bill reforms the process by which trans people gain legal recognition of their lived gender through a gender recognition certificate.

195 page PDF

1.9 MB

195 page PDF

1.9 MB

Contents
Gender Recognition Reform (Scotland) Bill: consultation
Footnotes

195 page PDF

1.9 MB

Footnotes

1 http://www.parliament.scot/parliamentarybusiness/report.aspx?r=12196&mode=pdf Columns 90 to 107.

2 Information on the last consultation is at https://consult.gov.scot/family-law/review-of-the-gender-recognition-act-2004/

3 The judgment in Christine Goodwin v the United Kingdom is at https://hudoc.echr.coe.int/eng#{"itemid":["001-60596"]}

4 The judgment in I v the United Kingdom is at https://hudoc.echr.coe.int/eng#{"itemid":["001-60595"]}

5 In earlier cases of Rees v the United Kingdom (9532/81) and Cossey v the United Kingdom (10843/84) from 1990 the European Court of Human Rights had held that there was no violation of Article 8 in relation to UK law not conferring on a trans man or woman a legal status corresponding to their post gender reassignment surgery condition.

6 The Legislative Consent Motion is at https://www.webarchive.org.uk/wayback/archive/20170701074149/http://www.gov.scot/About/Government/Sewel/SessionTwo (number 49); the debate in the Scottish Parliament on 5 February 2004 is at http://www.parliament.scot/parliamentarybusiness/report.aspx?r=4492&mode=pdf and the consideration by the Justice 1 Committee is at http://www.parliament.scot/parliamentarybusiness/report.aspx?r=2082&mode=pdf

7 The Explanatory Notes to the 2010 Act are at http://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/2/1/4

8 At: https://www.equalityhumanrights.com/en/advice-and-guidance/gender-reassignment-discrimination

9 The judgment in A.P., Garçon and Nicot v. France is at: https://hudoc.echr.coe.int/eng#{"itemid":["001-172913"]}

10 This is because under section 29 of the Scotland Act 1998 a provision in an Act of the Scottish Parliament that is incompatible with rights under the European Convention on Human Rights is outwith the competence of the Scottish Parliament.

11 The GRA was enacted in 2004. The substantive provisions came into force on 4 April 2005.

12 Statistics are available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/808151/Main_Tables_Q4_2018-19.ods (See table GRP 2).

13 A summary of guidance on applying for a GRC is at https://www.gov.uk/apply-gender-recognition-certificate including guidance on required documents to evidence living in their acquired gender: https://www.gov.uk/apply-gender-recognition-certificate/documents-you-must-provide. A full guide for all users is at:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/786910/t455-eng.pdf.

14 There is a list at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/710998/t491-eng.pdf. The Gender Recognition (Approved Countries and Territories) Order 2011 SI 1630/2011 is at http://www.legislation.gov.uk/uksi/2011/1630/contents/made.

15 Applications under section 5(2)(b) for spouses and section 5A(2)(b) for civil partners,

16 https://www.parliament.scot/parliamentarybusiness/Bills/112997.aspx

17 The person making the Statutory Declaration will have to solemnly declare that the declaration is true.

18 https://www.scotcourts.gov.uk/the-courts/jp-court/signing-documents

19 As at 20 November 2019, there were 8,912 Scottish notaries.

20 The analysis of the responses to the last consultation is at https://www.gov.scot/publications/review-gender-recognition-act-2004-analysis-responses-public-consultation-exercise-report/pages/3/

21 https://news.un.org/en/story/2019/05/1039531

22 The current definition of “gender dysphoria” in section 25 of the GRA is “the disorder variously referred to as gender dysphoria, gender identity disorder and transsexualism”: www.legislation.gov.uk/ukpga/2004/7/section/25

23 See http://yogyakartaprinciples.org/. On 10 November 2017, the Yogyakarta Principles plus 10 was adopted to supplement the Yogyakarta Principles.

24 In Scotland, birth certificates are not regarded as identity papers.

25 At: http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=21736&lang=en

26 At https://www.parliament.uk/business/committees/committees-a-z/commons-select/women-and-equalities-committee/inquiries/parliament-2015/transgender-equality/.

27 The Republic of Ireland system is described at http://www.legislation.gov.uk/asp/2014/5/section/12/enacted

28 The Cabinet Secretary’s statement to Parliament is at http://www.parliament.scot/parliamentarybusiness/report.aspx?r=12196&mode=pdf (columns 90 to 107)

29 The Registrar General’s existing functions under the GRA are outlined at https://www.nrscotland.gov.uk/registration/gender-recognition

30 Or the subject of an entry in the Parental Order Register maintained by the Registrar General for Scotland. Parental orders under section 54 and 54A of the Human Fertilisation and Embryology Act 2008 follow a surrogacy arrangement, which replaced parental orders under section 30 of the Human Fertilisation and Embryology Act 1990. The Parental Order Register is currently maintained by the Registrar General under the Human Fertilisation and Embryology (Parental Orders) Regulations 2018 which replaced earlier similar regulations.

31 Information on this working group is at: https://www.gov.scot/groups/sex-and-gender-in-data-working-group/

32 Further information will be made available once this group has been established in early 2020.

33 Or subject to a parental order in Scotland.

34 Or subject to a parental order in Scotland.

35 The Cabinet Secretary’s statement to Parliament is at http://www.parliament.scot/parliamentarybusiness/report.aspx?r=12196&mode=pdf (columns 93 and 94)

36 Some statistics on the years of birth of those obtaining legal gender recognition are at https://www.gov.uk/government/statistics/tribunal-statistics-quarterly-january-to-march-2019 See main tables - table GRP 4.

37 Information on the role of justice of the peace in this type of area is at https://www.scotcourts.gov.uk/the-courts/jp-court/signing-documents

38 At: https://www.lawscot.org.uk/members/rules-and-guidance/rules-and-guidance/section-f/division-e/guidance/guidance-re-acting-as-notary-public/

39 http://www.scotland-judiciary.org.uk/38/0/Justices-of-the-Peace

40 http://www.scotland-judiciary.org.uk/59/0/Judicial-Training

41 At http://www.scotland-judiciary.org.uk/Upload/Documents/EqualTreatmentBenchBookExport171019.pdf

42 http://www.scotland-judiciary.org.uk/Upload/Documents/NationalCurriculumforJusticesofthePeace.pdf Please see section 4.4.1 & 4.4.2.

43 https://www.gov.uk/apply-gender-recognition-certificate/how-to-apply

44 http://www.legislation.gov.uk/ukpga/2004/7/section/7

45 https://www.gov.scot/policies/violence-against-women-and-girls/equally-safe-strategy/.

46 The “protected characteristics” are age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; sexual orientation.

47 The Explanatory Notes to section 7 of the 2010 Act are at: www.legislation.gov.uk/ukpga/2010/15/notes/division/3/2/1/4

48 At: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721725/GRA-Consultation-document.pdf

49 http://www.legislation.gov.uk/ukpga/2010/15/schedule/9

50 http://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/16/26/1/1

51 At: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721725/GRA-Consultation-document.pdf

52 http://www.legislation.gov.uk/ukpga/2004/7/section/22

53 http://www.legislation.gov.uk/ssi/2005/125/contents/made

54 At: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721725/GRA-Consultation-document.pdf

55 http://www.legislation.gov.uk/ukpga/2010/15/section/195

56 https://www.equalityhumanrights.com/en/advice-and-guidance/gender-reassignment-discrimination

57 http://equalityinsport.org/equality-standard-for-sport/

58 http://www.legislation.gov.uk/ukpga/2010/15/schedule/3

59 http://www.legislation.gov.uk/ukpga/2010/15/schedule/9

60 www.legislation.gov.uk/ukpga/2010/15/schedule/3

61 https://publications.parliament.uk/pa/cm201919/cmselect/cmwomeq/96/9602.htm

62 The consultation seeks views on whether the minimum age for applying for gender recognition should be reduced from 18 to 16.

63 Or the subject of an entry in the Parental Order Register maintained by the Registrar General for Scotland. Parental orders under section 54 and 54A of the Human Fertilisation and Embryology Act 2008 follow a surrogacy arrangement, which replaced parental orders under section 30 of the Human Fertilisation and Embryology Act 1990. The Parental Order Register is currently maintained by the Registrar General under the Human Fertilisation and Embryology (Parental Orders) Regulations 2018 which replaced earlier similar regulations.

64 Except for applications under the overseas track (when a person has obtained legal gender recognition overseas) when no minimum period is laid down.

65 The 1835 Act is at www.legislation.gov.uk/ukpga/Will4/5-6/62/contents

66 http://www.legislation.gov.uk/ukpga/2004/7/section/4E

67 https://www.parliament.scot/parliamentarybusiness/Bills/112997.aspx. Paragraph 5(7) of schedule 2 refers.

68 Section 38 of the Family Law (Scotland) Act 2006 refers: http://www.legislation.gov.uk/asp/2006/2/section/38

69 Part II of the Family Law Act 1986 refers http://www.legislation.gov.uk/ukpga/1986/55/part/II Part II of the 1986 Act implements the Hague Convention on the Recognition of Divorces and Legal Separations: https://www.hcch.net/en/instruments/conventions/full-text/?cid=80

70 There is a limited exception. Section 21(6) of the GRA currently provides some acknowledgement of the need to recognise gender recognition obtained elsewhere in the European Union. Paragraph 1(2)(d) of the schedule to the Bill repeals section 21 for Scotland as it is no longer required given the Bill provides automatic recognition of gender recognition obtained overseas.

71 Information on the Family Law Committee of the Scottish Civil Justice Council is at https://www.scottishciviljusticecouncil.gov.uk/committees/family-law-committee

72 The Scottish Sentencing Council’s Jargon Buster has information on what “summary” and “indictment” mean: https://www.scottishsentencingcouncil.org.uk/about-sentencing/jargon-buster/

73 Please see paragraph 6 of schedule 2 to the Civil Partnership (Scotland) Bill:

https://www.parliament.scot/parliamentarybusiness/Bills/112997.aspx

74 Information on the role of summary sheriffs is at http://www.scotland-judiciary.org.uk/39/0/Summary-Sheriffs

75 http://www.legislation.gov.uk/uksi/2011/1630/contents/made

76 By “self-determination model”, the table refers to systems of gender recognition which are based on an applicant’s own declaration as to their lived gender. By “assessment model”, this table refers to systems whereby an applicant’s evidence must be supported by third party evidence from a doctor or psychologist and is considered by either a court or an administrative body. We have categorised as a “treatment model” a gender recognition system which requires an applicant to have had hormone treatment, or to have been sterilised or had reassignment surgery.

77 For those aged 18 or above and a court based process for those aged 14 to 18.

78 Ley 26.743 Establécese el derecho a la identidad de género de las personas was adopted in 2012. A translation in English is at http://tgeu.org/argentina-gender-identity-law/

79 See ILGA Europe Media release at https://www.ilga-europe.org/resources/news/latest-news/new-legal-gender-recognition-belgium

80 It appears that the changes will come into effect once certain secondary regulations have also been issued, including by the Ministry of Justice and Human Rights to regulate the procedure.

81 The parties to the marriage can divorce as part of the procedure of applying for rectification of the applicant’s birth certificate.

82 At http://www.irishstatutebook.ie/eli/2015/act/25/enacted/en/html. The Irish application form, including the statutory declaration, can be found at http://www.welfare.ie/en/pdf/GRC1.pdf

83 Source is the Government of Ireland, Department of Employment Affairs and Social Protection, Client Identity Services.

84 Source is the Government of Ireland, Department of Employment Affairs and Social Protection, Client Identity Services.

85 At http://justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=12312&l=1

86 Further information including the forms to be used can be found here- https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/1691

87 Information on the process is at https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/births/birth-certificates/change-of-gender-designation-on-birth-certificates?keyword=birth&keyword=certificate.

88 See http://vitalstats.gov.mb.ca/change_of_sex_designation.html.

89 Births, Deaths, and Marriages and Relationships Act 1995, section 28 and guidance at https://www.dia.govt.nz/diawebsite.nsf/wpg_URL/Services-Births-Deaths-and-Marriages-Information-for-Transgender-Applicants?OpenDocument

90 . Paragraph 2.12 of Chapter 2 this consultation notes the impact of the case of A.P., Garçon and Nicot v. France in 2017, in the European Court of Human Rights.

91 At http://www.finlex.fi/fi/laki/kaannokset/2002/en20020563.pdf

92 Or the subject of a parental order in Scotland.

93 The previous consultation and related documents are at https://consult.gov.scot/family-law/review-of-the-gender-recognition-act-2004/

94 The analysis of responses is at https://www.gov.scot/publications/review-gender-recognition-act-2004-analysis-responses-public-consultation-exercise-report/pages/8/

95 The draft BRIA published with the 2018 consultation is at: https://www.gov.scot/publications/review-gender-recognition-act-2004/pages/23/.

96 Equality Act 2010, section 7: www.legislation.gov.uk/ukpga/2010/15/section/7

97 The draft BRIA published with the 2018 consultation is at: https://www.gov.scot/publications/review-gender-recognition-act-2004/pages/23/.

98 As set out in the Legislative Consent motion for the Gender Recognition Bill 2004 at http://www.gov.scot/About/Government/Sewel/SessionTwo/GenderRecognition.

99 About half a million fewer than Scotland- see http://countrymeters.info/en/Ireland/

100 Source is the Department of Employment Affairs and Social Protection Client Identity Service

101 Denmark’s population in 2016 was estimated to be 5,748,769 per https://countryeconomy.com/demography/population/denmark. Scotland’s population in 2015 was estimated to be 5,373,000 per https://www.nrscotland.gov.uk/news/2016/scotlands-population-at-its-highest-ever.

102 From 1 July 2016 to 20 March 2017.

103 Information on these public sector schemes is available at the Scottish Public Pension Agency’s website: http://www.sppa.gov.uk/.

104 There is further information on this in guidance to applicants for gender recognition on the impact of legal recognition for pensions and benefits the Department for Work and Pensions at: https://www.gov.uk/government/publications/gender-recognition-how-pensions-and-benefits-may-be-affected.

105 The judgement and a summary can be accessed at https://www.supremecourt.uk/cases/uksc-2016-0090.html

106 At https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/815741/Civil_Partnerships_-_Next_Steps_and_Consultation_on_Conversion.pdf Paragraphs 73 and 78

107 Paragraph 10 of the Executive Summary in the UK Government “Review of Survivor Benefits in Occupational Pension Schemes at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/323874/survivor-benefits-in-occupational-pension-schemes.pdf indicated that 27% of private pension schemes had a difference in the way survivor benefits between mixed sex spouses and civil partners were calculated.

108 Section 44(2) of the Criminal Law (Consolidation)(Scotland) Act 1995 at https://www.legislation.gov.uk/ukpga/1995/39/section/44.

109 These can be found at https://www.gov.uk/government/collections/tribunals-statistics.

110 The 2018 consultation is available at: https://www.gov.scot/publications/review-gender-recognition-act-2004/.

111 The analysis of responses is at https://www.gov.scot/publications/review-gender-recognition-act-2004-analysis-responses-public-consultation-exercise-report/pages/8/.

112 At: https://www.gov.scot/publications/review-gender-recognition-act-2004/pages/25/.

113 At https://www.unicef.org/publications/index_43110.html

114 Kuyper, L & Wijsen, C (2014) Gender Identities and Gender Dysphoria in the Netherlands, Archives of Sexual Behaviour (Volume 43 Issue 2)

115 As at mid 2018 there was an estimated population of 109,296 16 & 17 year olds (55,721 males and 53,575 females). Source: National Records of Scotland, 2019. Mid-2018 population estimates Scotland. Available at: https://www.nrscotland.gov.uk/statistics-and-data/statistics/statistics-by-theme/population/population-estimates/mid-year-population-estimates/mid-2018.

116 At: https://www.gov.uk/government/publications/national-lgbt-survey-summary-report in Annex 3 Characteristics.

117 Source is the Government of Ireland, Department of Employment Affairs and Social Protection Client Identity Service.

118 The draft CRWIA published as part of the 2018 consultation is available at: https://www.gov.scot/publications/review-gender-recognition-act-2004/pages/25/.

119 At: https://gids.nhs.uk/number-referrals.

120 The Scottish Public Health Network, at: https://www.scotphn.net/wp-content/uploads/2017/04/2018_05_16-HCNA-of-Gender-Identity-Services.pdf, page 46

121 At: https://gids.nhs.uk/number-referrals.

122 Mental Health of Transgender Youth in Care at and Adolescent Urban Community Health Centre: A Matched Retrospective Cohort Study, Sari L. Reisner and Ors, Journal of Adolescent Health March 2015 Vol 56 Issue 3 pages 274-279 at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4339405/

123 Rebeca Robles et al “Removing transgender identity from the classification of mental disorders: a Mexican field study for ICD-11” http://dx.doi.org/10.1016/S2215-0366(16)30165-1

124 Dhejne C et al “Mental Health and gender dysphoria: A review of the literature (2016)

125 At: https://www.gov.scot/publications/review-gender-recognition-act-2004-analysis-responses-public-consultation-exercise-report/, page 51

126 The GIDs website https://gids.nhs.uk/evidence-base indicates that there seems to be a higher prevalence of autistic spectrum conditions in young people diagnosed with gender dysphoria than in the general population, but also notes that the reasons why this is the case are still unknown.

127 At: https://gids.nhs.uk/number-referrals

http://data.parliament.uk/WrittenEvidence/CommitteeEvidence.svc/EvidenceDocument/Women%20and%20Equalities/Transgender%20Equality/written/19582.html

128 At: https://webarchive.nrscotland.gov.uk/20190711105605/https://www2.gov.scot/Resource/0053/00539375.pdf.

129 At: https://www.gov.scot/publications/review-gender-recognition-act-2004-analysis-responses-public-consultation-exercise-report/

130 At: https://www.lgbtyouth.org.uk/.

131 At: https://www.sandyford.org/sexual-health-services/what-are-our-services/gender-identity-service/

132 At: http://lothiansexualhealth.scot.nhs.uk/services/gic/Pages/default.aspx

133 TransparenTsees was founded in 2013 by a parent. In 2016, three other autonomous groups were established in Edinburgh, Perth and Elgin. TransparenTsees offers email and telephone support as well as the opportunity for parents and other family members to meet each other.

134 At : https://www.unicef.org/publications/index_43110.html

135 In addition, a meeting was scheduled on a number of occasions with the group Women and Girls in Scotland who were unable to attend: https://wgscotland.org.uk/about/. Their views were instead set out in correspondence.

136 Two of the local groups of Women’s Spaces in Scotland responded to the consultation and their responses can be accessed at: https://webarchive.nrscotland.gov.uk/20190116052027/https:/www2.gov.scot/Topics/Justice/law/17867/gender-recognition-review/review-of-gender-recognition-act-2004-list-of-orga/published-responses-from-organisations. Women’s Spaces in Scotland also met separately with Scottish Government officials

137 Their 2018 consultation response is at: https://webarchive.nrscotland.gov.uk/20190711105341/https://www2.gov.scot/Resource/0053/00539279.pdf. CARE also met separately with officials from Scottish Government.

138 Their 2018 consultation response is at: https://webarchive.nrscotland.gov.uk/20190711105501/https://www2.gov.scot/Resource/0053/00539309.pdf. The Free Church of Scotland also met separately with Scottish Government officials.

139 Their 2018 consultation response is at: https://webarchive.nrscotland.gov.uk/20190711105447/https://www2.gov.scot/Resource/0053/00539302.pdf. Scottish Government officials also met separately with the Equality Network and Scottish Trans Alliance, Stonewall Scotland and LGBT Youth Scotland.

140 Their 2018 consultation response is at: https://webarchive.nrscotland.gov.uk/20190711105724/https://www2.gov.scot/Resource/0053/00539455.pdf

141 Their 2018 consultation response is at: https://webarchive.nrscotland.gov.uk/20190711105603/https://www2.gov.scot/Resource/0053/00539374.pdf

142 Their 2018 consultation response is at: https://webarchive.nrscotland.gov.uk/20190711105605/https://www2.gov.scot/Resource/0053/00539375.pdf

143 Their 2018 consultation response, setting out the results of a survey of their local groups, is at: https://webarchive.nrscotland.gov.uk/20190711105713/https://www2.gov.scot/Resource/0053/00539450.pdf

144 Their 2018 consultation response submitted for the coalition of women’s groups is at: https://webarchive.nrscotland.gov.uk/20190711105437/https://www2.gov.scot/Resource/0053/00539300.pdf. Engender also met separately with Scottish Government officials.

145 The 2018 consultation response is at: https://webarchive.nrscotland.gov.uk/20190711105343/https://www2.gov.scot/Resource/0053/00539280.pdf.

146 In addition, a meeting was scheduled on a number of occasions with the group Women and Girls in Scotland who subsequently were unable to attend: https://wgscotland.org.uk/about/. Their views were instead set out in correspondence.

147 Their website is: https://forwomen.scot/.

148 Births, Deaths and Marriages Registration Act 1997, section 24(2).

149 At the URL below https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/1691/kw/CHANGE%20OF%20SEX

150 Information on the process is at https://www2.gov.bc.ca/assets/gov/health/forms/vital-statistics/vsa509c_fill.pdf .The legislation is the Vital Statistics Act, at section 27 here- http://www.bclaws.ca/civix/document/id/complete/statreg/96479_01.

151 At http://www.irishstatutebook.ie/eli/2015/act/25/enacted/en/html

152 At http://justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=12312&l=1

153 At https://www.dia.govt.nz/diawebsite.nsf/wpg_URL/Services-Births-Deaths-and-Marriages-Information-for-Transgender-Applicants?OpenDocument.

154 At http://www.legislation.govt.nz/act/public/1995/0016/latest/versions.aspx?search=ts_act%40bill%40regulation%40deemedreg_births+deaths+marriages+and+relationships+act+1995_resel_25_a&p=1 and http://youthlaw.co.nz/rights/legal-ages/#16-years .

155 Unless the child has an intersex condition/variation in sex characteristics, in which case an application can be made notwithstanding they are under 6 years of age.

156 https://www.scotphn.net/wp-content/uploads/2017/04/2018_05_16-HCNA-of-Gender-Identity-Services.pdf

157 https://www.stonewall.org.uk/system/files/lgbt_in_britain_-_trans_report_final.pdf.

158 https://www.gov.scot/publications/health-homelessness-scotland/pages/1/

159 https://www.gov.uk/apply-gender-recognition-certificate/how-to-apply

160 http://www.legislation.gov.uk/ukpga/2004/7/section/7

161 https://www.scotcourts.gov.uk/the-courts/jp-court/signing-documents

162 The Registrar General’s existing functions under the GRA are outlined at https://www.nrscotland.gov.uk/registration/gender-recognition

163 Or the subject of an entry in the Parental Order Register maintained by the Registrar General for Scotland. Parental orders under section 54 and 54A of the Human Fertilisation and Embryology Act 2008 follow a surrogacy arrangement. The Parental Order Register is currently maintained by the Registrar General under the Human Fertilisation and Embryology (Parental Orders) Regulations 2018 which replaced earlier similar regulations.

164 At https://www.nrscotland.gov.uk/record-keeping/legislation/primary-information-legislation/data-protection.

165 At: https://www.gov.scot/publications/review-gender-recognition-act-2004/

166 At: https://www.gov.scot/publications/review-gender-recognition-act-2004-analysis-responses-public-consultation-exercise-report/

167 Information on Scotland’s National Performance Framework is at https://nationalperformance.gov.scot/

168 The previous consultation and related documents are at https://consult.gov.scot/family-law/review-of-the-gender-recognition-act-2004/

169 The analysis of responses is at https://www.gov.scot/publications/review-gender-recognition-act-2004-analysis-responses-public-consultation-exercise-report/pages/8/

170 In addition, a meeting was scheduled on a number of occasions with the group Women and Girls in Scotland who were unable to attend: https://wgscotland.org.uk/about/. Their views were instead set out in correspondence.

171 Two of the local groups of Women’s Spaces in Scotland responded to the consultation and their responses can be accessed at: https://webarchive.nrscotland.gov.uk/20190116052027/https:/www2.gov.scot/Topics/Justice/law/17867/gender-recognition-review/review-of-gender-recognition-act-2004-list-of-orga/published-responses-from-organisations. Women’s Spaces in Scotland also met separately with Scottish Government officials

172 Their 2018 consultation response is at: https://webarchive.nrscotland.gov.uk/20190711105341/https://www2.gov.scot/Resource/0053/00539279.pdf. CARE also met separately with officials from Scottish Government.

173 Their 2018 consultation response is at: https://webarchive.nrscotland.gov.uk/20190711105501/https://www2.gov.scot/Resource/0053/00539309.pdf. The Free Church of Scotland also met separately with Scottish Government officials.

174 Their 2018 consultation response is at: https://webarchive.nrscotland.gov.uk/20190711105447/https://www2.gov.scot/Resource/0053/00539302.pdf. Scottish Government officials also met separately with the Equality Network and Scottish Trans Alliance, Stonewall Scotland and LGBT Youth Scotland.

175 Their 2018 consultation response is at: https://webarchive.nrscotland.gov.uk/20190711105724/https://www2.gov.scot/Resource/0053/00539455.pdf

176 Their 2018 consultation response is at: https://webarchive.nrscotland.gov.uk/20190711105603/https://www2.gov.scot/Resource/0053/00539374.pdf

177 Their 2018 consultation response is at: https://webarchive.nrscotland.gov.uk/20190711105605/https://www2.gov.scot/Resource/0053/00539375.pdf

178 Their 2018 consultation response, setting out the results of a survey of their local groups, is at: https://webarchive.nrscotland.gov.uk/20190711105713/https://www2.gov.scot/Resource/0053/00539450.pdf

179 Their 2018 consultation response submitted for the coalition of women’s groups is at: https://webarchive.nrscotland.gov.uk/20190711105437/https://www2.gov.scot/Resource/0053/00539300.pdf. Engender also met separately with Scottish Government officials.

180 Their 2018 consultation response is at: https://webarchive.nrscotland.gov.uk/20190711105343/ https://www2.gov.scot/Resource/0053/00539280.pdf

181 At http://www.scottishtrans.org/wp-content/uploads/2013/03/trans_mh_study.pdf.

182 At https://www.gov.uk/government/statistics/tribunal-statistics-quarterly-april-to-june-2019 - see Main Tables at Table GRP 4.

183 At http://www.scottishtrans.org/wp-content/uploads/2013/03/trans_mh_study.pdf Page 12

184 At https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721704/LGBT-survey-research-report.pdf at page 23

185 Rebeca Robles et al “Removing transgender identity from the classification of mental disorders: a Mexican field study for ICD-11” http://dx.doi.org/10.1016/S2215-0366(16)30165-1.

186 Dhejne C, et al “Mental Health and gender dysphoria: A review of the literature” (2016) International Review of Psychiatry 28(1), 44-57. Abstract is at https://biblio.ugent.be/publication/7081076.

187 https://gids.nhs.uk/evidence-base

188 Glidden et al. 2016.

189 Nobili et al. 2018.

190 Glidden et al. 2016

191 https://www.gov.uk/government/statistics/tribunal-statistics-quarterly-april-to-june-2019 . See Main Tables at Table GRP 4.

192 https://www.scotphn.net/wp-content/uploads/2017/04/2018_05_16-HCNA-of-Gender-Identity-Services.pdf.

193 https://government-equalities-office.shinyapps.io/lgbt-survey-2017/

194 This is the position as at the end of August 2019.

195 At http://www.scottishtrans.org/wp-content/uploads/2013/03/trans_mh_study.pdf.

196 At https://www.researchgate.net/publication/262734734_An_Analysis_of_All_Applications_for_Sex_Reassignment_Surgery_in_Sweden_1960-2010_Prevalence_Incidence_and_Regrets.

197 https://www.dst.dk/en/Statistik/emner/befolkning-og-valg/befolkning-og-befolkningsfremskrivning/folketal#

198 https://www.ssb.no/en/befolkning/nokkeltall/population

199 https://www.gov.uk/government/statistics/tribunal-statistics-quarterly-april-to-june-2019 . See Main Tables at Table GRP 4. The Civil Partnership (Scotland) Bill, currently before the Scottish Parliament, introduces mixed sex civil partnership and makes provision so that civil partners obtaining gender recognition can stay in their civil partnership.

200 https://government-equalities-office.shinyapps.io/lgbt-survey-2017/

201 https://government-equalities-office.shinyapps.io/lgbt-survey-2017/

202 See the analysis of responses https://www.gov.scot/publications/review-gender-recognition-act-2004-analysis-responses-public-consultation-exercise-report/pages/8/ Para 7.17 refers.

203 For all of these figures on GRCs, please see https://www.gov.uk/government/statistics/tribunal-statistics-quarterly-april-to-june-2019 . See Main Tables at Table GRP 4.

204 See the evidence from 19 countries set out in Meier S.C., Labuski C.M. (2013) The Demographics of the Transgender Population. In: Baumle A. (eds) International Handbook on the Demography of Sexuality. International Handbooks of Population, vol 5. Springer, Dordrecht.

205 Please see paragraphs 7.13 to 7.16 of the summary of consultation responses: https://www.gov.scot/publications/review-gender-recognition-act-2004-analysis-responses-public-consultation-exercise-report/pages/8/

206 https://www.gov.scot/groups/sex-and-gender-in-data-working-group/

207 https://research-information.bris.ac.uk/files/139271435/Bristol_Pure_Version_PD.pdf

208 https://government-equalities-office.shinyapps.io/lgbt-survey-2017/

209 https://www.scottishtrans.org/wp-content/uploads/2013/03/trans_mh_study.pdf

210 Please see paragraphs 7.13 to 7.16 of the summary of consultation responses: https://www.gov.scot/publications/review-gender-recognition-act-2004-analysis-responses-public-consultation-exercise-report/pages/8/

211 https://www.equalityhumanrights.com/en/advice-and-guidance/does-equality-law-apply-organisation-i-belong-or-want-join-or-be-guest and http://www.legislation.gov.uk/ukpga/2010/15/section/107

212 http://www.legislation.gov.uk/ukpga/2010/15/schedule/16

213 In respect of this protected characteristic, a body subject to the Public Sector Equality Duty (which includes Scottish Government) only needs to comply with the first need of the duty (to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010) and only in relation to work. This is because the parts of the Act covering services and public functions, premises, education etc. do not apply to that protected characteristic. Equality impact assessment within the Scottish Government does not require assessment against the protected characteristic of Marriage and Civil Partnership unless the policy or practice relates to work, for example HR policies and practices.

214 https://www.gov.scot/groups/sex-and-gender-in-data-working-group/

215 Please see paragraphs 7.13 to 7.16 of the summary of consultation responses: https://www.gov.scot/publications/review-gender-recognition-act-2004-analysis-responses-public-consultation-exercise-report/pages/8/

216 https://www.equalityhumanrights.com/en/advice-and-guidance/does-equality-law-apply-organisation-i-belong-or-want-join-or-be-guest and http://www.legislation.gov.uk/ukpga/2010/15/section/107

217 http://www.legislation.gov.uk/ukpga/2010/15/schedule/16


Contact

Email: family.law@gov.scot