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Gender Recognition Reform (Scotland) Bill: equality impact assessment

The equality impact assessment (EQIA) for the Gender Recognition Reform (Scotland) Bill.


Footnotes

1. Information on Scotland's National Performance Framework is at National Performance Framework (nationalperformance.gov.scot)

2. Section 4 of the Equality Act 2010: Equality Act 2010 (legislation.gov.uk)

3. The first consultation and related documents are at Review of the Gender Recognition Act 2004 - Scottish Government - Citizen Space (consult.gov.scot)

4. The second consultation and related documents are at Gender Recognition Reform (Scotland) Bill: consultation - gov.scot (www.gov.scot)

5. The analysis of the 2017/2018 consultation is at Review of the Gender Recognition Act 2004: consultation analysis - gov.scot (www.gov.scot) and the analysis of the 2019/2020 consultation is at Gender Recognition Reform (Scotland) Bill: consultation analysis - gov.scot (www.gov.scot)

6. Responses from organisations to the 2017 consultation are Gender Recognition Reform (Scotland) Bill consultation - gov.scot (www.gov.scot) and to the 2019 consultation are at Gender Recognition Reform (Scotland) Bill consultation - gov.scot (www.gov.scot)

7. Non-Binary Working Group - gov.scot (www.gov.scot)

8. In addition, a meeting was scheduled on a number of occasions with the group Women and Girls in Scotland who were unable to attend: About - Women and Girls Scotland (wgscotland.org.uk). Their views were instead set out in correspondence.

9. Responses from organisations to the 2017 consultation are Gender Recognition Reform (Scotland) Bill consultation - gov.scot (www.gov.scot) and to the 2019 consultation are at Gender Recognition Reform (Scotland) Bill consultation - gov.scot (www.gov.scot)

10. At Tribunal Statistics Quarterly: April to June 2019 - GOV.UK(www.gov.uk)- see Main Tables at Table GRP 4. Note that data is disaggregated by year of birth meaning that a direct comparison by age over time is not possible.

11. At trans_mh_study.pdf (scottishtrans.org)

12. Scotland's Census 2022 question set | Scotland's Census (scotlandscensus.gov.uk)

13. At trans_mh_study.pdf (scottishtrans.org) Page 12

14. At National LGBT Survey Research Report (www.gov.uk) at page 23

15. Rebeca Robles et al "Removing transgender identity from the classification of mental disorders: a Mexican field study for ICD-11" Removing transgender identity from the classification of mental disorders: a Mexican field study for ICD-11 - The Lancet Psychiatry.

16. 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 Mental health and gender dysphoria: a review of the literature (ugent.be)

17. Evidence base (gids.nhs.uk)

18. Glidden et al. 2016.

19. Nobili et al. 2018.

20. Gender Recognition Reform (Scotland) Bill: consultation analysis - gov.scot (www.gov.scot) Paragraph 7.47.

21. Gender Recognition Reform (Scotland) Bill: consultation analysis - gov.scot (www.gov.scot) Paragraph 7.48.

22. Gender Recognition Reform (Scotland) Bill: consultation analysis - gov.scot (www.gov.scot) Paragraph 7.57.

23. Scotland's Census 2022 question set | Scotland's Census (scotlandscensus.gov.uk)

24. Glidden et al. 2016

25. Tribunal Statistics Quarterly: July to September 2021 - GOV.UK (www.gov.uk) . See Main Tables at Table GRP 4.

26. Health Care Needs Assessment of Gender Identity Services (scotphn.net)

27. LBGT Survey 2017 Beta (shinyapps.io)

28. This is the position as at the end of 2019, see gov.ie - Gender Recognition - Annual Reports (www.gov.ie).

29. At trans_mh_study.pdf (scottishtrans.org)

30. At (PDF) An Analysis of All Applications for Sex Reassignment Surgery in Sweden, 1960-2010: Prevalence, Incidence, and Regrets (researchgate.net)

31. Population figures - Statistics Denmark (dst.dk)

32. Population (www.ssb.no)

33. Scotland's Census 2022 question set | Scotland's Census (scotlandscensus.gov.uk)

34. Sex, gender identity, trans status - data collection and publication: guidance - gov.scot (www.gov.scot)

35. Tribunal Statistics Quarterly: July to September 2021 - GOV.UK (www.gov.uk). See Main Tables at Table GRP 4. The Civil Partnership (Scotland) Act 2020 introduced mixed sex civil partnership and made provision so that civil partners obtaining gender recognition can stay in their civil partnership.

36. Gender Recognition Reform (Scotland) Bill: consultation analysis - gov.scot (www.gov.scot) Paragraph 7.64.

37. LGBT Survey 2017 Beta (shinyapps.io)

38. Scotland's Census 2022 question set | Scotland's Census (scotlandscensus.gov.uk)

39. LGBT Survey 2017 Beta (shinyapps.io)

40. See the analysis of responses Review of the Gender Recognition Act 2004: consultation analysis - gov.scot (www.gov.scot) Para 7.17 refers.

41. Humanist Society Scotland's consultation response is published at Humanist+Society+Scotland.pdf (www.gov.scot)

42. Scotland's Census 2022 question set | Scotland's Census (scotlandscensus.gov.uk)

43. For all of these figures on GRCs, please see Tribunal Statistics Quarterly: July to September 2021 - GOV.UK (www.gov.uk). See Main Tables at Table GRP 4.

44. See the evidence from 19 countries set out in (PDF) The Demographics of the Transgender Population | Christine Labuski - Academia.edu

45. (Trans)Forming Single-Gender Services and Communal Accommodations (bris.ac.uk)

46. Scotland's Census 2022 question set | Scotland's Census (scotlandscensus.gov.uk)

47. Sex and Gender in Data Working Group - gov.scot (www.gov.scot)

48. Sex, gender identity, trans status - data collection and publication: guidance - gov.scot (www.gov.scot)

49. LGBT Survey 2017 Beta (shinyapps.io)

50. trans_mh_study.pdf (scottishtrans.org)

51. Does equality law apply to the organisation I belong to or want to join or be a guest of? | Equality and Human Rights Commission (equalityhumanrights.com) and Equality Act 2010 (legislation.gov.uk)

52. Equality Act 2010 (legislation.gov.uk)

53. Scotland's Census 2022 question set | Scotland's Census (scotlandscensus.gov.uk)

54. 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.

55. Sex and Gender in Data Working Group (www.gov.scot)

56. Please see paragraphs 7.13 to 7.16 of the summary of consultation responses: Review of the Gender Recognition Act 2004: consultation analysis (www.gov.scot)

57. Does equality law apply to the organisation I belong to or want to join or be a guest of? (www.equalityhumanrights.com) and Equality Act 2010 (www.legislation.gov.uk)

58. Equality Act 2010 (www.legislation.gov.uk)

Contact

Email: GRunit@gov.scot

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