1. Gender Recognition In Ireland
Sam Blanckensee
National Development Officer
23rd April 2018

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

3. About Me Sam Blanckensee – 24 – pronouns they/he
The National Development Officer of TENI (the Transgender Equality Network Ireland).
Over the past 6 years has endeavoured to be a voice for the trans community across Irish media and politics
Was part of the team of trans lobbyists who helped to get gender recognition legislation passed in Ireland

4. The Path to Gender Recognition in Ireland
March 1991 – Dr. Lydia Foy applies for a new birth certificate
April 1997 – Dr. Foy initiates High Court Proceedings
October 2000 – Case is heard by High Court
July 2002 – Claim rejected, the presiding judge calls on Government to legislate
Foy appeals decision to Supreme Court
Dr Lydia Foy has lived as a woman since In March 1993, Dr Foy applied to the office of the Registrar General for a new birth certificate to reflect her gender. She was refused.
In April 1997, after a number of years’ unsuccessful correspondence with the Registrar General’s office, Dr Foy initiated High Court proceedings to compel the Registrar to issue her with a new birth certificate.
In October 2000, the case was heard in the High Court by Mr Justice Liam McKechnie. His judgment was delivered in July 2002: Dr Foy’s claim was rejected due to the lack of Irish or UK legislation that would facilitate the overturning of the existing jurisprudence. Justice McKechnie called on the Government and Oireachtas to deal with the position of transgender people as a matter of urgency: “Could I adopt what has repeatedly been said by the European Court of Human Rights and urge the appropriate authorities to urgently review this matter.”
Two days later on11 July 2002, the European Court of Human Rights found in favour of Christine Goodwin's case to have a correct birth certificate (Christine Goodwin v. UK): “the unsatisfactory situation in which post-operative transsexuals live in an intermediate zone as not quite one gender or the other is no longer sustainable”.

5. The Path to Gender Recognition in Ireland
2003 – European Convention of Human Rights Act 2003 enacted in Ireland
2005 – Dr. Foy made new application to the Registrar General. Begins new High Court proceedings after refusal
April 2007 – Returns to High Court
October 2007 – State found to be in breach of obligations under ECHR
State appeals this ruling
In May 2010, the Government set up the Gender Recognition Advisory Group (GRAG)
In June 2010, the Government withdrew its appeal to the Supreme Court.
In July 2011, the Advisory Group published its recommendations for proposed gender recognition legislation to the Minister for Social Protection. These proposals were highly restrictive and infringed on right to privacy, personal dignity and family life.
Dr Foy appealed to the Supreme Court but before the appeal was heard, the European Convention on Human Rights Act 2003 (the ECHR Act) was enacted, bringing the European Convention into Irish domestic law. In November 2005 Dr Foy made a new application to the Registrar General, asserting the obligation under the ECHR Act to comply with the requirements of the European Convention. Refused once again, she began new proceedings in the High Court, seeking a declaration under the ECHR Act that Irish legislation was incompatible with the European Convention regarding the registration and issue of birth certificates.
Dr Foy returned to the High Court in April 2007, 10 years after her legal challenge began. The case was heard (again) by Justice McKechnie whose judgment, on 19 October 2007, expressed great frustration at the failure of the Irish Government to take any action following his urgent plea in 2002, stating “Ireland as of now is very much isolated within the Member States of the Council of Europe ... [and] must be even further disconnected from mainstream thinking”.
Justice McKechnie found the State to be in breach of its positive obligations under Article 8 of the European Convention on Human Rights in failing to recognise Dr Foy in her female gender and provide her with a new birth certificate. This was the first declaration of incompatibility to be made under the ECHR Act.
In May 2010, the Government set up the Gender Recognition Advisory Group (GRAG), an inter-departmental working group “to advise the Minister for Social Protection on the legislation required to provide for legal recognition by the State of the acquired gender of transsexuals”. In May 2010, the Irish Government set up the Gender Recognition Advisory Group (GRAG), an inter-departmental working group. After consultation and research, the GRAG published a report in 2011 which outlined a legal pathway and qualification criteria for legal gender recognition which were highly restrictive and clearly infringed on an individual’s right to privacy, personal dignity and family life.

6. Getting organised – tools for change
Tools employed by advocates
Factors that influenced change in Ireland
Strategic Litigation
Legislative pressure e.g. Private Members Bills
Legislative submissions
Education of legislators
Lobbying
Key allies within Government and Opposition
Rally for Recognition
Media pressure
International pressure
Change in Government
Greater knowledge among activists
Increase in knowledge of politicians
Visibility of trans activists
Pressure from courts

7. Strategic Litigation
27th February 2013, FLAC and Dr Foy announced a return to court to take the Government to task over their failure to produce any Gender Recognition legislation to date
In November 2014, Dr Foy settled the case. The Government committed to introducing legislation in 2014 and made a "firm intention" of enacting legislation in 2015.

8. Creating a Message
Following the difficulties of the GRAG report and the lack of unity a clear message was developed for future lobbying keeping personal stories at the heart.
TENI had three simple asks:
No forced divorce
No medical criteria
No age restriction
These were used by all major organisations involved in the lobbying effort and were visible across all tools used to create change.

9. Legislative Pressure
After significant delays in the introduction of legislation, two Private Members' bills were introduced.
Deputy Aengus O'Snodaigh launched his Gender Recognition Bill 2013 on 23 May It was modelled on the Argentinian legislation and was based on self-declaration.
Senator Katherine Zappone launched the Legal Recognition of Gender Bill 2013 on 27 June TENI worked with Senator Zappone on the drafting of this legislation. Based on statutory declaration, this Bill would make the rights contained with legal recognition available to all trans and intersex people, irrespective of their marital or civil partnership status.

10. Legislative Submissions
In July 2013, the Minister for Social Protection published the Draft Heads of Bill
In September 2013, written submissions from groups and individuals addressing the various Heads (sections) of Bill were accepted.
Oral hearings then took place, followed by a report to the Government.
In July 2013, the Minister for Social Protection published the Draft Heads of Bill (framework of legislation). This was subsequently referred to the Joint Oireachtas Committee on Education and Social Protection, made up of members of Dáil and Seanad for review. In September 2013, the Committee took written submissions from groups and individuals addressing the various Heads (sections). This was followed by two-days of public hearings in October. This process resulted in a comprehensive report by the Committee on Education and Social Protection which was published in January The Committee’s report was positive in many ways and addressed the shortcomings of the proposed legislation. Following the publication, the report was publicly debated in Dáil Eireann in May 2014 by TDs and the Minister for Social Protection. At the debate, four TDs from the majority of the main political parties (Labour, Fianna Fail, Sinn Fein) and one independent TD spoke positively about the legislation and encouraged the Minister to address the gaps and restrictive measures that remain in the proposed legislation. 

11. Big Steps Forward
In June 2014, the Minister for Social Protection published the revised General Scheme of the Gender Recognition Bill following Cabinet approval. The revised scheme included several significant changes to the proposed Bill, including a pathway for legal recognition for 16 and 17 year olds.
The Minister confirmed at this point that the medical criteria would not include a diagnosis.
In June 2014, the Minister for Social Protection published the revised General Scheme of the Gender Recognition Bill following Cabinet approval. The revised scheme included several significant changes to the proposed Bill, including the removal of a sports clause (which would have severely hindered trans people’s participation in sports) and provided a pathway for legal recognition for 16 and 17 years olds. The Minister also clarified and re-iterated that the legislation would include intersex affected individuals and that the medical criteria would not include a diagnosis. In the formal press release, the Minister noted: “The process will not require details of care including medical history or confirmation of a diagnosis. Nor will it require that the person has lived in the acquired gender for a specific period of time after their transition.” The General Scheme of the Bill was then referred to the Office of the Parliamentary Counsel for drafting and the Gender Recognition Bill 2014 was published in December 2014. 

12. Continuing to lobby Seanad Debate
The Gender Recognition Bill was introduced in the Seanad on 21st January 2015 for the Second Stage debate. In this process, a review clause was included in the legislation and the words 'medical evaluation' were removed.
Dáil Debate
On 5th March the Gender Recognition Bill was debated in the Dáil. This was a historic moment as 26 TDs from all parties spoke on the Bill. All TDs broadly welcomed the introduction of the legislation but called on the Government to improve the Bill.
TDs were unified in addressing shortcomings of the Bill, in the key areas of medical criteria, age restriction and forced divorce.
Seanad Debate
The Gender Recognition Bill was introduced in the Seanad on 21st January 2015 for the Second Stage debate. This Stage continued on the 28th January. The Bill entered Committee Stage on the 3rd February and was debated over two days. The Bill entered the Final and Report Stage on 17th February and was passed. In this process, a review clause was included in the legislation and the words 'medical evaluation' were removed.
Dáil Debate
On 5th March the Gender Recognition Bill was debated in the Dáil. This was a historic moment as 26 TDs from all parties spoke on the Bill. All TDs broadly welcomed the introduction of the legislation but called on the Government to improve the Bill.
TDs from constituencies across Ireland spoke to the Bill, including members of Independents (9), Fine Gael (8), Labour (4), Sinn Féin (4) and Fianna Fáil (1). TDs were unified in addressing shortcomings of the Bill: Requirement that a primary treating medical practitioner affirm an applicant's identity, need for applicants to be single ('forced divorce'), absence of protection for, and acknowledgement of, young trans and intersex people.
After the debate, and under significant pressure, Minister Humphreys agreed to consult with GPson their inclusion under 'medical practitioners'. On 3rd June, it was announced that trans people over the age of 18 would be able to self-declare their gender identity and there would be no requirement of certification from a medical practitioner. The Bill was revised in the Select-Sub Committee meeting on 17th June and all medical criteria for individuals over 18 was removed. 

13. International Pressure
In 2012, following a trip to Ireland, the Council of Europe Commissioner for Human Rights, Nils Muižnieks, wrote to Minister Burton to highlight the lack of legal recognition of trans people. He expressed concern that no clear timeline was provided and stressed the importance of self-determination and the right to family life within the legislative framework.  In July 2014, the UN Human Rights Committee issued their concluding observations after their examination of Ireland’s compliance with the International Covenant on Civil and Political Rights (ICCPR). In their concluding statements, the Committee explicitly raised issues with the new Heads of a Gender Recognition Bill with specific reference to the single requirement which would force married trans people to get divorced in order to have their gender legally recognised.
In 2012, following a trip to Ireland, the Council of Europe Commissioner for Human Rights, Nils Muižnieks, wrote to Minister Burton to highlight the lack of legal recognition of trans people. He expressed concern that no clear timeline was provided and stressed the importance of self-determination and the right to family life within the legislative framework.  In July 2014, the UN Human Rights Committee issued their concluding observations after their examination of Ireland’s compliance with the International Covenant on Civil and Political Rights (ICCPR). In their concluding statements, the Committee explicitly raised issues with the new Heads of a Gender Recognition Bill with specific reference to the single requirement which would force married trans people to get divorced in order to have their gender legally recognised.

14. Other Methods Rally for Recognition – 14th February 2016
Harness some of the energy of the LGBT Community
300 in attendance
Media interest
Saturday Night Show TV
Radio
Newspapers

15. Passage of Law
On 15th July 2015 the Gender Recognition Bill completed its passage through the Oireachtas and was sent to the President for signature.
The Act was commenced in September 2015.
The Department of Social Protection stated that 198 people had been legally recognised from 4th September December Of these 8 individuals were 16 or 17 years old. 

16. Gender Recognition
As of 8th of September 2015 trans people may apply for a Gender Recognition Certificate which allows them to change the gender marker on their birth cert.
Ireland was one of the first countries in the world to have Gender Recognition on the basis of self-determination
Still work needs to be done for the meaningful inclusion of:
Young people (under 18/16)
Non-binary identities

17. Gender Recognition Review
In 2015, the Irish Government has committed to begin a review the Gender Recognition Act in September 2017.
The Gender Recognition Review Group was formed by the Minister in November It has 4 independent members.
The Terms of Reference for the Review Group specifically mention the need to look into the recognition of individuals aged under 16, aged 16 & 17, non-binary people and those who are intersex.
Submissions were taken for the Review in January 2018, there were over 70 submissions.
The Review Group’s report is expected in May 2018.

18. Get in touch
@TENI_tweets