On Wednesday 3 June, the Tánaiste and Minister for Social Protection, Joan Burton, announced that, following the agreement of Cabinet, the application process for Transgender people aged 18 years or more will be based on a self-declaratory model in line with international practice. The provision requiring applicants for gender recognition to be single will also be deleted.
The removal of the ‘forced divorce’ provision follows the passage of the Marriage Equality Referendum in Ireland. This means that Trans people will no longer be forced to choose between their families and their right to be legally recognised.
The changes will also remove the ‘medicalised’ model of recognition which required a supporting statement from a psychiatrist or endocrinologist stating that an applicant is transitioning or has transitioned to the applicant’s preferred gender. Instead, their self-declaration will be accepted for the purpose of updating passports, driving licences, obtaining a new birth certificate and for getting married.
These changes have been welcomed by campaigners and representatives around the country. “The decision to allow Trans persons to determine their own gender identity shows respect for the Trans community and their right to self-determination”, said FLAC Senior Solicitor Michael Farrell, who represented Dr. Foy in her long battle to get her change of gender recognised on her birth certificate. TENI have also applauded the changes saying that “Ireland has now taken its place as an international leader in this human rights area”.
However, there will be no change for applicants aged 16-17 years old who will still be required to engage in the court process requiring supporting medical statements before an application for a gender recognition certificate can be made. There is also still a concern about the lack of any provision for help, support and protection for Trans children under the age of 16.
The necessary changes to the Bill will be made when the legislation goes to the committee stage in the Dáil, which is scheduled for the 17 June.
Click here to read TENI’s press release.
Click here to read FLAC’s press release.
Click here to read more in the Irish Times.