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Coverage and inclusion of trans people Silvan Agius , Policy Director, ILGA-Europe Briefing Lunch 13 th December 2010. Why are trans issues dealt with under ‘gender’?. Women. Men. Gender Spectrum. Gender gate keeping. Legislation and trans people within the EU.
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Coverage and inclusion of trans people Silvan Agius, Policy Director, ILGA-Europe Briefing Lunch 13th December 2010
Women Men Gender Spectrum Gender gate keeping
The 1996 ECJ decision in P v. S and Cornwall County Council stated that: “[...] Council Directive 76/207/EEC of 9 February 1976 [...] precludes dismissal of a transsexual for a reason related to a gender reassignment.” • A milestone decision for the emancipation of trans people within the EU! • Decision was later reiterated in K.B. [2004] and Richards [2006] ECJ ruling
The 1996 P v. S decision was taken into accountin the adoption of: • Dir 2004/113/EC on access to goods and services [2606th C&C meeting] • Dir 2006/54/EC gender ‘recast’ directive (on employment and occupation) [recital 3] • However: • MSs have no obligation to transpose P v. S into legal texts but only apply its principle • The P v. S principle leaves transgender [non-op] people in a legal limbo P v. S principle
Language in policy documents: • Is it necessary to refer to ‘men’ and ‘women’? • Can ‘gender/s’ or ‘sexes’ suffice? • ‘Binary/opposites’ exclude, ‘options’ include • Registration forms: • Name: .................................... • Gender: Male Female • Name: .................................... • Gender: .................................. Simple inclusion
How to include trans in mainstream work? • Are trans people sufficiently covered? • If not, consider parallel work: • e.g. Segregated statistics • Visibility – through inclusive images, express reference to ‘gender identity’ or ‘trans people’ etc • Is there a trans specific element that needs to be considered separate? • e.g. Trans health • Classification of gender identity as a mental illness Substantive inclusion
Combat gender based stereotypes (gendernormativity, transphobia) • Effective legal protection (current + future) • Tackling intersectional discrimination • Gender equality measures take full account of trans people EU Gender Strategy 2010-15: ILGA-Europe trans demands
Adoption of effective legal measures • VAW as core; but trans people also clearly covered • Cover men who may fall victims due to their gender non-conformity/ gender reassignment • Build upon existing local/ national strategies • Combat gender stereotypes, transphobia, and gendernormativity. VAW: ILGA-Europe T demands
Ensure quality standards for medical treatments • Removal of gender identity disorder from: • the International Classification of Diseases (ICD) • the Diagnostic and Statistical Manual of Mental Disorders (DSM). • Coverage of trans people under national health insurances (as applicable) Health and depathologisation