THE Scottish Government has published a draft Bill reforming the process for obtaining legal gender recognition.
The draft Bill – which is now open for consultation – aims to remove barriers currently in place for an individual to secure the legal recognition of their gender identity.
Included in the Bill is a proposal to scrap the current requirement for people to apply to the UK Gender Recognition Panel. Instead, they would apply to the Registrar General for Scotland.
There have always been trans people in society and for the past 15 years they have been able to legally change their gender through obtaining a Gender Recognition Certificate
It would also remove the requirement for applicants to provide medical evidence of a diagnosis of gender dysphoria, while retaining the requirement that applicants must make a solemn statutory declaration that they have been living in their acquired gender for three months and intend to do so permanently.
The minimum age of application would also be reduced from 18 to 16 as part of the proposals.
A minimum three-month period of reflection between applying for a Gender Recognition Certificate and confirming the application would also be introduced as part of the Bill.
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This would mean applicants must have lived in their acquired gender for a minimum of six months before a certificate is granted.
The legislation would retain the position that a false statutory declaration is a criminal offence and introduce a new offence of false application, each with a potential punishment of up to two years’ imprisonment.
The government said the reforms “follow international best practice” adopted in countries such as Ireland, Denmark and Norway, and that they do not alter the long-standing rights of trans men and women to change gender nor do they change the rights of women and single-sex exceptions in the Equality Act.
Equalities secretary Shirley-Anne Somerville said: “We are proposing these reforms because the current system is viewed by many wishing to apply as traumatic and demeaning.
“A previous consultation on reform showed a majority in support for our proposals but also some concerns.
“Consulting on the detail of a draft Bill and associated impact assessments will, I hope, clearly explain the need for reform and address those concerns.
“There have always been trans people in society and for the past 15 years they have been able to legally change their gender through obtaining a Gender Recognition Certificate.
“We are proposing to make the current process less stressful whilst continuing to recognise the seriousness of the decision to live your life in a different gender.”
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Somerville added: “Women’s rights and protections will be as strong under this Bill as they are today, as we remain committed to protect, respect, and advance the rights of women and girls. We are not proposing to change the Equality Act or the exceptions within it that protect single-sex spaces and services.
Lynn Welsh of the Equality and Human Rights Commission Scotland said: “This Bill offers a welcome opportunity to remove unnecessary practical barriers trans people face in securing legal recognition of their gender identity.
“Nothing in the Bill will threaten the continued operation of the Equality Act provisions protecting women-only services and spaces, which recognise the particular needs of women and the need for protection from sex-based violence.”
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