Trans rights in Europe Policy Briefing Lunch 13 Dec 2010 Policy Briefing, Brussels 13 Dec 2010 Trans Rights in Europe TGEU 1

Trans people – who are they? Policy Briefiing, Brussels 13 Dec 2010 Trans Rights in Europe TGEU 2

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 3

Some are more equal than others The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 4  strongly medicalized  covers few - leaves out many

The reality for many trans people socially exclused 60% feel socially exclused (UK, Browne & Lim 2008) harassment harassment in public: 79% (Press For Change 2010) un-employment un-employment: > 50% (Transgender EuroStudy (2008) harassed at the job > 50% get harassed at the job (AT, Frketic & Baumgartinger 2008; BE, Motmans et al. 2010) poverty poverty: ~ 60% earn less than € p.a. (UK, Browne & Lim 2008) denied access 25% got denied access to trans health care suicidal 30% suicidal attempts as adults (Transgender EuroStudy (2008) The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 5

too few… regulations and jurisprudence covering too few people and too few issues too little knowledge inter-relations with other factors of a person The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 6

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) Transgender identity or expression  Sweden’s Discrimination Act: protection of transsexuals under ‚gender‘ and on grounds of Transgender identity or expression Trans*inclusive hate crime legislation wide definition of trans* people  Scottish Hate Crime Bill: wide definition of trans* people : perceived  UK Hate Crime legislation: „perceived“ gender reassignment The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 7

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 The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 8

The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 9

Tools at the EU-level o Goods and Services Directive (2004/113/EC) o Gender ReCast Directive (2006/54/EC) o Gender Equality Strategy The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 10

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 The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 11

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: The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 12

EU Gender Equality Strategy gendergender identity - wide usage of gender and gender identity - promises to I address gender stereotypes, II look into effective legal protection III tackling multiple discrimination - Definition „gender identity“ The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 13

Strategy 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. The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 14

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 The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 15

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) The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 16

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 The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 17

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 The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 18

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 The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 19

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 The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 20

The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU 21 true equality Because true equality needs equality for all and specific solutions for specific questions

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