Trans rights in Europe Policy Briefing Lunch 13 Dec 2010 Policy Briefing, Brussels 13 Dec 2010 Trans Rights in Europe TGEU www.tgeu.org 1
Dec 28, 2015
Trans rights in Europe
Policy Briefing Lunch
13 Dec 2010
Policy Briefing,Brussels 13 Dec 2010
Trans Rights in Europe TGEU www.tgeu.org
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Trans people – who are they?
Policy Briefiing, Brussels13 Dec 2010
Trans Rights in Europe TGEU www.tgeu.org
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Trans* Rights in Europe
Trans-specific jurisprudence is centered around Gender Reassignment
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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Some are more equal than others
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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strongly medicalized covers few - leaves out many
The reality for many trans people
60% feel socially exclused socially exclused (UK, Browne & Lim 2008)
harassmentharassment in public: 79% (Press For Change 2010)
un-employmentun-employment: > 50% (Transgender EuroStudy (2008)
> 50% get harassed at the job harassed at the job (AT, Frketic & Baumgartinger 2008; BE, Motmans et al. 2010)
povertypoverty: ~ 60% earn less than €12.000 p.a. (UK, Browne & Lim 2008)
25% got denied accessdenied access to trans health care 30% suicidalsuicidal attempts as adults (Transgender EuroStudy
(2008)
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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too few…
regulations and jurisprudence covering too few people and too few issues
too little knowledge inter-relations with other factors of a person
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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trans demands
Anti-Discrimination legislation with a broad coverage of trans* people Implementation of the EU equality directives on the
national level (2004/113/ EC Goods & Services Directive & 2006/54/EC Gender Re-cast Directive)
Sweden’s Discrimination Act: protection of transsexuals under ‚gender‘ and on grounds of Transgender identity or expressionTransgender identity or expression
Trans*inclusive hate crime legislation Scottish Hate Crime Bill: wide definition of trans* peoplewide definition of trans* people UK Hate Crime legislation: : „perceivedperceived“ gender reassignment
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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trans demands
quick, transparent and accesable procedures for name change & legal gender recognition
Access to trans related health care (for those who want it)
Research on issues faced by trans-people (WITH trans*involvement)
Awareness raising & increased visibility of trans* people PLUS trans*mainstreaming
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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Tools at the EU-level
o Goods and Services Directive (2004/113/EC)
o Gender ReCast Directive (2006/54/EC)
o Gender Equality Strategy 2010-2015
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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Goods and Services Directive (2004/113/EC)
„access to and supply of goods and services“ 2606th meeting of the Council of the European
Union, the Joint Council and Commission: gender reassignment
Reports from Member States are currently under review by the European Commission
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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Gender ReCast Directive (2006/54/EC)
Recital 3 covers trans people (Gender Reassigment) Monitoring: Member States report until 15 Feb 2011 to
the European Commission Re-opened upon horizontal directive
Checklist and
Guideline:
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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EU Gender Equality Strategy 2010-2015
- wide usage of gendergender and gender identitygender identity
- promises to
I address gender stereotypes,
II look into effective legal protection
III tackling multiple discrimination
- Definition „gender identity“
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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Strategy 2010-2015
Definition: Gender identity
A person’s sense of being male or female, resulting from a combination of genetic and environmental influences and a person’s concept of being male and masculine or female and feminine, or ambivalent.
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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Tools at the Council of Europe
o Issue Paper „Human Rights and Gender Identity“
12 recommendations
o Council of Ministers Recommendation 2010(5)
ILGA-Europe monitoring toolkit
o European Social Charter
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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Issue Paper „Human Rights & Gender Identity“
‚trans rights for dummies‘ 12 concrete recommendations
to member states High moral grounds Available in English, Russian,
French, German, Spanish Polish (2011)
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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Council of Ministers Recommendation 2010(5)
- Recommends to member states:
Critical review of pre-conditions for Legal Gender Recognition, such as: compulsory
sterilisation, medical treatment, real-life test etc
Ensuring the full legal recognition in all areas of life by enabling change of official documents in
a quick, transparent and accesible way by state and non-state actors
Ensure right to marry upon Gender Reassignment and Legal Gender Recognition
-regularly reviewed (in three years)
ILGA-Europe monitoring tool
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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European Social Charter
Binding on CoE member states among others: right to best
attainable health status, access to housing, work free from discrimination etc. and their application for trans-people
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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Make existing legislation work for trans* people Coverage of the wider trans population Use existing tools of e.g. ILGA-Europe, TGEU
and others Tackle lack of awareness Create synergies
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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What you can do?
a) review how gender identity (trans*) are interlinked to other social issues and discrimination grounds,
b) prepare the house: are trans*people in your organisation? use trans*inclusive language and images, check organisational documents, registration forms etc
c) work with trans organisations
d) mainstream trans in your lobbying for equality
The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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The Hague, October 30th 2010, ILGA-Europe Annual Conference
Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org
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Because true equality true equality needs equality for all and specific solutions for specific questions
Thank you for your attention!
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NGO Policy-Briefing13 Dec 2010, Brussels
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