Press Release

For immediate release

Access to legal gender recognition should be available to children of all ages, subject to parental consent, a Government-backed report has said. People who identify as neither exclusively male nor female should also be recognised in law.

The recommendations are contained in the report of the Review Group of the Gender Recognition Act 2015 commissioned last November by Minister for Employment Affairs and Social Protection, Regina Doherty TD.

The sweeping recommendations for reform of the Act contained in the report have been welcomed by Transgender Equality Network Ireland (TENI), who said it offered “a rare glimpse of equality” for young trans and non-binary people.

Speaking following publication, Chair of TENI and member of the Review Group Sara R Phillips said “This review encapsulates full equality for all members of the trans community. I would hope and urge the Minister to implement in full the recommendations in this report.”

Ms Phillips was one of three independent experts to sit on the a Review Group which was chaired by Moninne Griffith, Director of BeLonG To Youth Services. Officials from six Government departments were also represented.  

Recognition of Children Under 18 Years of Age

Under new proposals, an application for legal gender recognition from someone aged under 18 will be granted subject to parental consent. This is currently only available to 16 and 17 year olds. An appropriate legal process to address cases where consent from one or both parents or guardians cannot be obtained will also be available.  

Recognition of non-binary people

The Review Group also acknowledged “the right of the non-binary community to have their gender identity legally recognised and positively affirmed”. Currently there exists no legal provision to allow for the recognition of a person in a non-binary gender.

“The Gender Recognition Act was a milestone in the achievement of rights for the transgender community.” said Stephen O’Hare, CEO of TENI. “However, failure to provide for recognition in a gender other than male or female has left many people isolated. That the Review Group have acknowledging the right to recognition for both young transgender and non-binary people provides a rare glimpse of equality for both groups.” he added.

Intersex Community        

Changes which would arise from the implementation of the recommendations were also viewed by TENI as positively impacting on the position of persons who are intersex in Ireland. Reflecting on the position of intersex people in the report, Ms Phillips said “The opportunity for a person born intersex to change the gender assigned to them at birth will help to end the stigma and hurt associated with being assigned the wrong gender.”  

Ends

For Press queries and to arrange interview contact Stephen O’Hare, CEO of TENI on 085 7112635 or Gordon Grehan, Operations Manager on 01 873 3575. Email: office@teni.ie  

Notes for Editors

A copy of the report including the full list of recommendations is available for download at http://www.welfare.ie/en/downloads/GRA%20Review%20Report.pdf

Section 7 of the Act provides that the Minister shall carry out a review of the operation of the Act.

In November 2017 Minister Doherty appointed a Review Group chaired by Moninne Griffith (Executive Director, BeLonG To) which includes representation from the Transgender Equality Network of Ireland (TENI), other independent experts in the field and Government bodies with an interest in this area (the full composition of the group is available here The Review Group was due to submit its report to the Minister in May 2018.

Under its terms of reference, the Review Group Considered the following matters:
    Arrangements for children aged 16 to 17 years;
    Arrangements for children aged under 16 years;
    Arrangements for persons who identify as neither male nor female (e.g. non-binary);
    Arrangements for intersex people;
    Any other relevant issues, including issues relating to the operation of the current legislative provisions.

Other recommendations contained within the report include provisions to allow legal change of name as part of the gender recognition process without the need for a deed poll; measures to allow Irish citizens born in Northern Ireland and living outside the State to apply for a gender recognition certificate; reduction in costs for obtaining replacement documents; measures to streamline the application process across government departments and measures to ensure no detectable differences on birth certificates issued on foot of obtaining a gender recognition certificate.

The full report can be accessed at the following link: http://www.welfare.ie/en/downloads/GRA%20Review%20Report.pdf