1. Trans rights in Europe Policy Briefing Lunch 13 Dec 2010 Policy Briefing, Brussels 13 Dec 2010 Trans Rights in Europe TGEU www.tgeu.org 1

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

3. 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 www.tgeu.org 3

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

5. 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 €12.000 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 www.tgeu.org 5

6. 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 www.tgeu.org 6

7. 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 www.tgeu.org 7

8. 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 www.tgeu.org 8

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

10. Tools at the EU-level o Goods and Services Directive (2004/113/EC) o Gender ReCast Directive (2006/54/EC) o Gender Equality Strategy 2010-2015 The Hague, October 30th 2010, ILGA-Europe Annual Conference Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org 10

11. 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 www.tgeu.org 11

12. 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 www.tgeu.org 12

13. EU Gender Equality Strategy 2010-2015 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 www.tgeu.org 13

14. Strategy 2010-2015 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 www.tgeu.org 14

15. 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 www.tgeu.org 15

16. 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 www.tgeu.org 16

17. 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 www.tgeu.org 17

18. 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 www.tgeu.org 18

19. 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 www.tgeu.org 19

20. 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 www.tgeu.org 20

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

22. Thank you for your attention! More information on www.tgeu.org or follow us on facebook: www.facebook.com/TransRightsEurope NGO Policy-Briefing 13 Dec 2010, Brussels Trans Rights in Europe – Next Steps Transgender Europe – TGEU www.tgeu.org 22