Trans rights in Europe Policy Briefing Lunch 13 Dec 2010 Policy Briefing, Brussels 13 Dec 2010 Trans...

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



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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)



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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



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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



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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



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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



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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



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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:



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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“



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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.



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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



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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)



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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



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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



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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



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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



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Because true equality true equality needs equality for all and specific solutions for specific questions

Thank you for your attention!

More information on

www.tgeu.org

or

follow us on facebook:

www.facebook.com/TransRightsEurope

NGO Policy-Briefing13 Dec 2010, Brussels


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