Coverage and inclusion of trans people Silvan Agius, Policy Director, ILGA-Europe Briefing Lunch 13 th December 2010

Why are trans issues dealt with under ‘gender’?

Gender gate keeping Gender Spectrum

Legislation and trans people within the EU

ECJ ruling The 1996 ECJ decision in P v. S and Cornwall County Council stated that: “[...] Council Directive 76/207/EEC of 9 February 1976 [...] precludes dismissal of a transsexual for a reason related to a gender reassignment.” A milestone decision for the emancipation of trans people within the EU! Decision was later reiterated in K.B. [2004] and Richards [2006]

P v. S principle The 1996 P v. S decision was taken into account in the adoption of: Dir 2004/113/EC on access to goods and services [2606 th C&C meeting] Dir 2006/54/EC gender ‘recast’ directive (on employment and occupation) [recital 3] However: MSs have no obligation to transpose P v. S into legal texts but only apply its principle The P v. S principle leaves transgender [non-op] people in a legal limbo

Patchy outcome

How can trans people be included better?

Simple inclusion Language in policy documents: Is it necessary to refer to ‘men’ and ‘women’? Can ‘gender/s’ or ‘sexes’ suffice? ‘Binary/opposites’ exclude, ‘options’ include Registration forms: Name: Gender: Male Female Name: Gender:

Substantive inclusion How to include trans in mainstream work? Are trans people sufficiently covered? If not, consider parallel work: e.g. Segregated statistics Visibility – through inclusive images, express reference to ‘gender identity’ or ‘trans people’ etc Is there a trans specific element that needs to be considered separate? e.g. Trans health Classification of gender identity as a mental illness

What is ILGA-Europe calling for?

EU Gender Strategy : ILGA-Europe trans demands Combat gender based stereotypes (gendernormativity, transphobia) Effective legal protection (current + future) Tackling intersectional discrimination Gender equality measures take full account of trans people

VAW: ILGA-Europe T demands Adoption of effective legal measures VAW as core; but trans people also clearly covered Cover men who may fall victims due to their gender non-conformity/ gender reassignment Build upon existing local/ national strategies Combat gender stereotypes, transphobia, and gendernormativity.

Health and depathologisation Ensure quality standards for medical treatments Removal of gender identity disorder from: the International Classification of Diseases (ICD) the Diagnostic and Statistical Manual of Mental Disorders (DSM). Coverage of trans people under national health insurances (as applicable)

Thank you!