Sam Blanckensee National Development Officer 25th April 2018 Recognition of Non-Binary Identities - Making the Case for Ireland & Beyond Sam Blanckensee National Development Officer 25th April 2018

About TENI Transgender Equality Network Ireland (TENI) seeks to improve conditions and advance the rights and equality of trans people and their families.

Context Gender Recognition was passed in Ireland in 2015, and uses the principle of self-determination. Non-Binary issues weren’t brought up until the end of the process of passing the Gender Recognition Act, between the end of 2014 and the passing of the Act. The Non-Binary Community in Ireland really only started to form in 2015 and now there are two non-binary groups, neither does a lot of advocacy.

Who are the Non-Binary Community in Ireland? 221 Individuals completed the Non-Binary priorities survey run in 2017 200 participants identified as part of the non-binary community, and 21 were unsure. 2.7% of the sample indicated that they were intersex When asked to specify their gender identity 40% of participants who had identified as part of the non-binary community did not select ‘non-binary’. Almost two thirds (62%) of participants identified as part of the trans community. this was the largest sample of any survey TENI has run at the time.

Who are the Non-Binary Community in Ireland? About a quarter of participants (25.8%) identified as agender, nongendered, or not having a gender identity. 42.5% of participants identified with an explicitly masculine or feminine identity. 18.6% identifying with a feminine identity (woman, transwoman, transfeminine, demigirl) and 28.1% identifying with a masculine identity (man, transman, transmasculine, demiguy) 55.7% of participants reported that their gender identity is fluid, and 35.7% reported their gender identity to be fixed.

Education 69% experienced non-binary exclusion in the curriculum 40% experienced bullying in the education system 52% spoke indicated a lack of staff training While lack of uniform options impacted 46%(45.7%), and 43% had negative experiences with gender segregated schools

Healthcare The area in which participants reported the greatest impact was lack of access to healthcare services. Participants reported facing significantly more barriers accessing and a significantly higher priority in terms of change for transition-related healthcare and mental health services than for addiction services or sexual/reproductive health services. The amount of participants reporting significant barriers accessing general healthcare was equal to those reporting issues accessing transition-related and mental health services.

Non-Binary Recognition 91.4% of participants responded that they believed there should be legal gender recognition for non-binary individuals. When asked what form this recognition should take there were no significant differences in the following options: (1) A third gender category, (2) making gender an optional category, and (3) removing gender from official documents. Participants who identified as part of the trans community reported that they were significantly less impacted by lack of non-binary gender recognition than participants who did not identify as part of the trans community.

Proving we exist The absence of legal gender recognition in Ireland until 2015 made it extremely difficult to fight for trans rights in areas like health and education. Since 2015 more schools and healthcare professionals are accepting training in trans issues. The Non-Binary community is still often seen as not valid or gender-confused by these sectors. One way we can combat this is through advocating for legal recognition of non-binary identities, as a tool for greater societal change.

Gender Recognition Review In 2015, a clause was included in the Gender Recognition Act which implemented a review of the Act 2 years after its implementation This review is currently ongoing and issues relating to non-binary identities are part of the Terms of Reference of the Review Group There were 77 submissions to the Review from individuals and organisations. Where submissions mentioned non-binary people, they asked for the provision of recognition to extend to us in the form of passports and birth certificates.

International Human Rights Law Yogyakarta Principles Right to Legal Recognition before the law – Asks states to recognise a person’s ‘profound self-defined gender identity’ YP+10 suggests sex and gender are no longer registered unless proven to be necessary Parliamentary Assembly of the Council of Europe resolution on the ‘Discrimination against transgender people in Europe’ acknowledges the right to gender identity. The Yogyakarta Principles, which reflects the current state of international human rights law on gender identity, recognises the Right to Legal Recognition Before the Law and asks that states recognise the ‘person’s profound self-defined gender identity’. For non-binary people, this recognition is currently impossible in Ireland. The recently adopted Yogyakarta Principles Plus 10, includes Principle 31 the Right to Legal Recognition, and determines that ‘where sex and gender continues to be registered’ in states that multiple gender markers are made available. The resolution by the Parliamentary Assembly of the Council of Europe on the ‘Discrimination against transgender people in Europe’ acknowledges the right of trans people to gender identity. The right to gender identity was first written into legislation as part of the Malta’s ‘Gender Identity, Gender Expression and Sex Characteristics Act 2014’, This provision ‘gives every individual the right to recognition of their gender identity and the right to be treated and identified according to this identity’. Furthermore, this right to gender identity extends to all individuals, including those who are non-binary. The Yogyakarta Principles: Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity (2007) Hirschfeld-Eddy-Stiftung. Available at: https://yogyakartaprinciples.org/ (Accessed on 19th January 2018) The Yogyakarta Principles Plus 10: Additional Principles and State Obligations on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics to complement the Yogyakarta Principles (2017) Available at: http://yogyakartaprinciples.org/principles-en/yp10/ (Accessed 19th January 2018) Parliamentary Assembly (2015), PACE - Resolution 2048 (2015) - Discrimination against transgender people in Europe. Available at: http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-EN.asp?fileid=21736 (Accessed on 19th January 2018).

Practice elsewhere States and federal jurisdictions with some form of legal gender recognition for a third gender include, Canada, Denmark, Germany, India, Malta, Nepal, New Zealand, Pakistan and New South Wales in Australia. In the United States, the states of Oregon, New York, California, Washington State and Washington D.C. also provide for a third gender category. Canada and Malta both use models of self-declaration In both Canada and Malta models of self-declaration in relation to a third gender category are used. In Canada, the form for having ‘X’ on your passport does not require any supporting documentation, just a declaration that the person would like to use that gender marker, or parental consent for those under 16. In Malta, to change your gender marker on your passport to display an ‘X’, you must submit a form alongside a declaration from a notary. This system also allows for self-determination. Government of Canada (2017) Request for a travel document with ‘X’ in the sex field - Adult. Available at: https://www.canada.ca/content/dam/ircc/migration/ircc/english/passport/forms/pdf/pptc633e.pdf (Accessed 22nd January 2018) Pace, Y (2017) ‘Malta introduces ‘X’ on passports, ID cards and work permits’ Malta Today, 5th September. Available at: http://www.maltatoday.com.mt/news/national/80228/malta_introduces_x_marker_on_passports_id_cards_and_work_permits#.WmYVCahl_IU (Accessed 22nd January 2018)

TENI’s Requests of Review Group TENI requests that the Minister amend the Gender Recognition Act to allow for the recognition of a gender other than male or female. TENI asks the Minister to amend the Passport Act 2008 to allow ‘X’ (or other suitable) marker on passports. TENI also asks that the Oireachtas include the honorific ‘Mx’ as an option in all governmental (including civil and public service) documents. TENI asks that the Minister enact amending provisions to mitigate the impact of gendered language in legislation.

Challenges Lack of visible non-binary people in Ireland Lack of education as to what non-binary means Perception of the non-binary community as indecisive Lack of capacity of non-binary grassroots organisations Resistance to making large changes to the structures of society Gendered legislation & policies

Strategies Community Fora Developing a message Public Education Personal Stories Media

Personal Stories In 2015 personal stories won us the progressive Gender Recognition Act that we now wish to change. A key goal will be to empower the non-binary community to tell their own story to policymakers Creating a sense of understanding of what it means to be non-binary will be the single greatest factor in inspiring change.

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