Comparing the 2004 Act and the Scottish Government draft Bill: what changes with self-declaration?

Introduction The Gender Recognition Act 2004 (GRA) at present has two elements. It specifies what characteristics a person must already have to be entitled to apply for a Gender Recognition Certificate (GRC) (i.e. what they must be), and separately, what…

Improving the Gender Recognition Certificate process: a point of consensus?

Introduction Under section 3(3) of the Gender Recognition Act 2004 (GRA) a person applying for a Gender Recognition Certificate (GRC) is required to tell the Gender Recognition Panel (GRP) about their past “treatment for the purpose of modifying sexual characteristics”…

Gender Recognition Act reform: The purpose of the GRA

  Background 1.  In December 2019 the Scottish Government published its draft Bill on reforming the Gender Recognition Act 2004 (GRA) and opened its plans to consultation. The draft Bill can be accessed here, the explanatory notes here, and the…

Last chance saloon: preserving the integrity of the sex question in the 2021 census

Last month, following a parliamentary evidence session on the 2021 census, the Scottish Parliament's Culture, Tourism, Europe and External Affairs Committee (CTEEA) Committee wrote to the National Records of Scotland (NRS), asking for further clarification on several points. This blog discusses…

GRA reform and ‘International Best Practice’

 Key pointsThe Scottish Government has cited alignment with ‘international best practice’ as a rationale for reforming the Gender Recognition Act to allow for the statutory self-declaration of sex as a matter of law [or statutory self-declaration of gender] (“self-declaration”). The Scottish…