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”…
Briefing Note: Impact of Gender Recognition Reform on Sex Based Rights
This briefing note provided to us by Employment Solicitor Rebecca Bull examines the interaction between the Equality Act 2010 (“EqA 2010”) and the Gender Recognition Act 2004 (“GRA 2004”). The note can be accessed here: Impact of gender recognition on…
Scottish GRA reform proposals: UK-wide effects
This blog looks at the potential UK wide effects of gender recognition reform in Scotland. Althougth the Scottish Government's consultation paper does not include a specific discussion of the cross-border implications, the provisions in the draft Bill suggest that a…
MBM view on proposals for the sex question in the UK 2021 census
This briefing examines the guidance proposed by UK census authorities to accompany the sex question. We argue that the UK is currently at risk of losing meaningful data on a key demographic variable used by policy-makers and statisticians, and recommend…
Gender recognition reform in Belgium: lessons for Scotland
This briefing looks at gender recognition reform in Belgium and draws lessons for Scotland. Gender recognition reform in Belgium: Lessons for Scotland The analysis is based on data published by the Belgium Institute for the Equality of Women and Men…
MBM assessment of the Gender Recognition Reform (Scotland) Bill
We have today published our review of the Scottish Government’s draft Gender Recognition Reform (Scotland) Bill. The review can be accessed here: MBM Assessment of draft Gender Recognition Bill and Consultation 24 January 2020 Our review assesses the draft bill…
The placement of trans prisoners
In response to a parliamentary question by Johann Lamont MSP on how acquisition of a gender recognition certificate (GRC) affects a prisoner’s legal rights in relation to accommodation, the Cabinet Secretary for Justice stated that ‘Acquiring a gender recognition certificate…
Losing consensus on the census
Within the last fifteen months, an intense debate has broken out over whether the sex question in the 2021 census should be framed in terms of self-declared gender identity, legal or biological sex. We think that this loss of consensus…
Recording sex on medical records: a case study of NHS Scotland
Background Sex is an objective, verifiable, fundamental and immutable characteristic of the human body. Belonging to either the male or the female sex category has profound impacts on the medical needs of a person. This includes needs pertaining to the…
