Transsexuals to get new gender rights

Friday, 11 July 2003 12:00 AM

Transsexuals could soon have the right to be legally recognised in their adopted gender.

The newly-created Department of Constitutional Affairs has proposed legislation to protect the basic human rights of people who have undergone gender change.

Until now, such people have not been allowed to change their birth certificated in line with their new gender.

Constitutional Affairs Minister Lord Filkin noted: "It is fundamental to an inclusive society that individuals and groups be given the rights to which they are legitimately entitled and wherever possible be allowed to live their lives as they determine and free of discrimination."

The draft Gender Recognition Bill brings the UK in line with the European Court of Human Rights' ruling regarding respect for the identity of transsexuals, which has already been adopted by most EU member states.

Those seeking legal recognition will have to apply to a Gender Recognition Panel, comprised of legal and medical members, and will have to meet the specified criteria.

Certificates will only be given to applicants with gender dysphoria, who have lived for at least two years in their acquired gender and who intend to continue to do so.

There will be a fast-track system for those who have already lived with their acquired gender for many years.

The most important consequence of the change in the law is the fact that it will allow transsexuals to marry in their new gender because they will no longer be registered with the same gender as their partner.

Although campaigners have welcomed the proposed changes, there are concerns about the proposals for transsexuals who were married before their gender change.

Liberal Democrat spokesperson Evan Harris MP noted: "Sadly, the Government has decided that it is going to force transsexuals to divorce their existing husband or wife if they wish to change their birth certificate. That will be the case even when neither party wants to divorce, and where children's interests would be damaged."

"All this to avoid the documentary appearance of same sex marriage a week after the ministers announced plans to recognise same sex partnerships. It is petty narrow mindedness on the part of ministers."

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