Gender Recognition Act Statement

We welcome that Scottish Government has reaffirmed its commitment to introducing a system of self-declaration for trans people as part of its reform of the Gender Recognition Act.   This will remove the intrusive requirements currently placed on trans people who wish to have their gender recognised on legal documents. We believe a system of self-declaration will reduce the distress many trans people currently experience when engaging in the gender recognition process. It will also rightly affirm trans women and trans men as experts in their own identities.

We are however deeply concerned about the negative impact on the health, wellbeing and rights of trans people which any delays and inactions in this process will create. In recent months we have witnessed a toxic public discourse which has challenged the fundamental rights of trans people to be themselves, to live in safety, and to access public spaces and key services.  Any delay to progressing GRA reform further increases the vulnerability of trans people. It opens space for prejudice and attack. It increases their isolation and risks widening the already stark health inequalities between trans people and the general population.

We are also deeply disappointed that Scottish Government has stated it will not provide legal recognition for non-binary people, but will instead establish a working group to look at ‘procedure and practice’ around non-binary identities.  In the 2018 consultation on GRA reform, a majority of respondents supported legal recognition for non-binary people. We will continue to support legal recognition for non-binary people, as well as their greater inclusion in society in general.

The GRA reform process has put the spotlight on trans people in an unprecedented way. We are acutely aware of the impact of the toxic public discourse on the lives of trans, including non-binary, people, as we witness and work to counter this on a daily basis within LGBT Health’s groups and support services. We call on the Scottish Government to recognise the health and wellbeing impact of the ongoing GRA process and to take meaningful measures to increase its support to trans people and to do everything in its power to protect and promote the resilience of the trans community at this very difficult time.