Today, the government published the Gender Recognition Bill 2014 – although there is still a number of key areas which fail to fully protect trans people and their families.

Ireland is currently the only country in the EU that has no provision for legal gender recognition, and while the publication of the bill marks progress, there is still a lot to be done to ensure trans people have access to basic rights, such as social security benefits, education and transport.

Sara R. Phillips, Chair of Transgender Equality Network Ireland (TENI), spoke today about the importance of legal gender recognition, saying, “We are very disappointed that this Bill does not go further in protecting the rights of trans people in this country. This is a moment we should be celebrating as we are one step closer to legal recognition. However, many members of our community are still excluded in this legislation.”

Key areas which need improvement in the Bill include the recognition of young trans people. While those aged 16 and 17 will now be eligible for legal gender recognition, the process is difficult and requires parental consent; a certificate from their primary treating medical practitioner; a second certificate from “an endocrinologist or psychiatrist; who has no connection to the child” and a court order. TENI also point out that those aged under 16 will remain vulnerable to discrimination.

The Bill also requires that an applicant for gender recognition must be single – meaning that married trans persons must divorce as a pre-condition if they are to be recognised in their preferred gender. This will not be an issue if Ireland’s referendum on civil marriage equality gets a Yes vote next May, however there is no guarantee that the referendum will pass.

“The legislation pertaining to divorce in Ireland is strict and means that trans people who are happily married will likely not be eligible for divorce unless they perjure themselves in court. This requirement will leave many families in limbo if it remains,” said Phillips.

The Bill also specifically requires that the primary treating medical practitioner carryout a medical evaluation of any applicant wishing to be recognised in their preferred gender.

“There is no doubt that this is diagnosis by any other name,” said Phillips. “The individuals who must sign off on the legislation are the very same individuals who provide a diagnosis or medical treatment. This is restrictive and unnecessary. Trans persons are best placed to understand and identify their own gender, as they live it every day.”

“We remain hopeful that the Government will work closely with the trans community to improve this legislation before it becomes law. There is still time to do the right thing. Gender recognition legislation has the capacity to greatly improve the lives of trans people, and to ensure that trans people are treated with dignity and respect as they live their day to day lives. This is, and always has been, a human rights issue. Trans people deserve the respect of being recognised and protected for who they are.”

As the Bill has been published, it will now be debated in the Houses of the Oireachtas. As a result of the settlement reached in the Lydia Foy case, the government has indicated its ‘firm intention’ to introduce the bill into the Houses of the Oireachtas early in 2015.

“TENI will continue at this stage to advocate for the introduction of inclusive, rights-based legislation that will ensure all members of the trans community can avail of their human rights. We call on the Government to engage with the trans community and TENI to ensure this legislation reflects the lived realities of trans people in Ireland,” concluded Phillips.