The word SEX refers to natal (or assigned gender under the 2004 act) Before people start
saying Gender and sex are seperate issues.


Overview of legislation

The Sex Discrimination (Gender Reassignment) Regulations 1999
The Gender Recognition Act 2004

Legislation protecting the rights of transsexual people has evolved
over the years in response to a much greater level of awareness and
understanding of the issues that transsexual people face. There are
two key pieces of legislation that you need to be aware of:
Sex Discrimination (Gender Reassignment) Regulations 1999;
Gender Recognition Act 2004.
back to topThe Sex Discrimination (Gender Reassignment) Regulations
1999
The regulations were created in direct response to a number of high
profile cases, that made it clear that the existing Sex
Discrimination Act 1975 (SDA), did not provide enough protection for
transsexual people. The 1999 regulations make it illegal to
discriminate against anyone in employment or training who:
is preparing to undergo gender reassignment;
is currently undergoing gender reassignment;
has already undergone gender reassignment.

Gender reassignment is defined by the SDA as:
a process which is taken under medical supervision for the purpose
of reassigning a person's sex by changing physiological or other
characteristics of sex, and includes any part of such a process

The regulations allow for any reference to discrimination in
employment against men or women in parts II and III of the SDA, to
be treated as equally applicable to discrimination on gender
reassignment grounds. However, the regulations only cover direct
discrimination, which mainly includes harassment and victimisation.
Additionally, there are exceptions to the provisions of the
regulations, most notably where a person’s sex is classed as a
‘genuine occupational requirement’ for a job, although such
instances are likely to be limited and difficult to prove.
There are also a number of limited temporary exceptions that apply
during the process of gender reassignment. This might include a
situation where it is deemed unreasonable for someone undergoing the
process of transition, to share accommodation with a person(s) of
either sex, on the grounds of privacy and decency (e.g. working on
board a ship where private accommodation is not provided).
Legal protection is available from the time you inform your employer
that you are intending to undergo gender reassignment. If, at this,
or any later stage, you believe you have been the victim of
discrimination by either your employer, or your colleagues you have
a number of options:
discuss the issue with your employer and remind them of their
responsibilities to you under current regulations;
if this doesn't work and you wish to take the matter further you
can make a formal complaint to an employment tribunal.
back to topThe Gender Recognition Act 2004
The Gender Recognition Act came into force in April 2005. It allows
transsexual people, for the first time, to apply for legal
recognition, via the Gender Recognition Panel, of their new gender.
Successful applicants will receive a gender recognition certificate
(GRC) which means that they:
acquire all the same rights and responsibilities associated with
their gender;
can marry a person of the opposite gender;
are eligible for the state retirement pension (and other benefits)
at the age appropriate to the new gender;
can apply for a new birth certificate in their acquired name and
gender.

* The Act also amends the Sex Discrimination (Gender Reassignment)
Regulations 1999 by ensuring that the only discrimination on the
basis of gender reassignment that is lawful, is in cases where there
are genuine religious reasons.


Which was added as an exlusion clause to the GRA act, the discrimination at work act and the marriage act UK.
giving the clergy the right to discriminate, refuse to conduct/solemnise marriages or employ people who have changed
their gender within the terms of the GRA act, the same ammendments were made to the European Equal Treatment
Directive/1976 The sex Discrimination Act 1975 and The Subsequent relevent sections to the Conditions of Matrimony
Churches act.


Additionally, although there is no specific allowance within the
regulations in terms of time off for gender reassignment,
transsexual people should be treated the same as anyone else deemed
medically unfit for work.

Equally, anyone diagnosed as suffering
from gender dysphoria or gender identity disorder, is protected
under the Disability Discrimination Act 1995 (DDA).


Press for Change has produced helpful guidelines (Transsexual People
in the Workplace: A Code of Practice), which cover various matters
relating to employment including recruitment and medical treatment
during employment.
The Gender Equality Duty came into force in April 2007 requiring
public authorities to promote gender equality and eliminate sex
discrimination. The duty places responsibility on public authorities
to show that they treat men and women fairly. The duty will cover
employment practices such as recruitment and flexible working and,
together with the Gender Recognition Act, will put further pressure
on employers to be more explicit in their fair practice in regard to
transsexual people.

I will be adding other relevant points regarding the terms of reference, relating to Medical definitions of Gender dysphoria and the rights to treatment. Under various Health charters and the rights to services incorporated within the GRA 2004/7 act

Cristine

Applying for a Gender Recognition Certificate

The Gender Recognition Act sets out a procedure for applying to a Gender
Recognition Panel for a Gender Recognition Certificate. You can apply if you
are:

at least 18 years of age;
have or have had gender dysphoria;
have fully lived in the acquired gender for at least two years; and
intend to continue to live in your acquired gender for the rest of your life.
There is a separate process where a person has changed gender under the law of
a country or territory outside of the UK. Information is available from the
Gender Recognition Panel. The fast track process for persons who have lived in
the other gender for at least 6 years was discontinued from 3 April 2007.

You must provide two medical reports. The first must be from a registered
medical practitioner, or a chartered psychologist, either of whom must be
practicing in the field of gender dysphoria. This report should confirm the
diagnosis of gender dysphoria. The second report can be provided by any
registered medical practitioner. At least one of the reports must give details
of any treatment undergone or planned for the purposes of gender reassignment.
If you have changed gender outside of the UK appropriate evidence of that change
must be provided.

You must also provide a statutory declaration stating :

you meet the two year qualifying period;
you are or are not married/in a civil partnership; and
any other information required by the Secretary of State or the Panel.
The Panel must issue a full recognition certificate if these requirements are
met. If you are married/in a civil partnership, an interim certificate will be
granted until the marriage is annulled or dissolved. If the Panel refuses the
application, there is a right of appeal on points of law.

Privacy

The GRA safeguards the privacy of transsexuals by prohibiting the disclosure of
information acquired in an official capacity relating to an application for a
gender recognition certificate or about the gender history of a successful
applicant. This would include disclosure by those handing such applications,
medical staff, employers, civil servants, financial advisors or anyone else
acting in the course of business. Of course disclosure is permitted if you have
consented. Further disclosure is permitted for valid public policy reasons such
as for the purposes of investigating or preventing a crime, for legal or medical
purposes, or for the purposes of obtaining social security or pensions benefits
and/or credit


. Disclosure is also permitted for religious purposes in certain circumstances.

Julia.

I resent your comment,

You know nothing of my life or circumstance, you have only been here 5 minutes.
I work from home, during the day, I'm studying the relevant laws regarding the GRA, My Gf manages a pub and works most evenings. AND there are those in TW who find the information I post useful and relevant.

Who had 25 days holidays last year with their girlfreind in Egypt in a luxury hotel . 10 days in Rhudesheim
with their girlfreind in a Shloss staying with freinds. Who had lunch the week before last with a lord, who had lunch last week at Simpsons on the Strand with an emminent Proffessor at Law who helped draft the GRA 2004. Not counting the shopping and the other lunches out. MEEeeeeeeeeee

Don't feel sorry for me.

Cristine

Marsha,

Perhaps on reflection I should have made an introduction to this thread. After the lack of knowledge shown in the male rape thread,
I started doing some research. Became interested in the law and how it affected our community. I was then introduced to
Proffessor Andrew sharpe a lecurer in law and probably the leading expert in the UK on The SDA (Sex Descrimination Act) & the Gender Recognition Act 2004 that relates directly to Transgendered people in the UK.

I proposed a legal forum here in TW, where people could pose questions and get answer on things they were concerned about or situations they found themselves in.

I started this thread with opening passages to the Act to clarify the previous discussions about the churches and how the act
affected us, as it was quite an enlightening topic at the time for most people here. Although I'm getting on top of most of it thanks to Proffessor Sharpe, sometimes I think I have bitten of more than I could chew, but after the good resposes I had to other threads and topics regarding rights and the law, I have perserveered. Its taken time, but have found relevant topics that
most here in TW could not even imagine.

To Julia,
Even though I appear to be logged on to TW for long periods, I do not live in TW,, spending most of my time, working on the computer doing computer based accounting for my clients. Flitting backwards and forward checking responses and.making comments

Poffessor Sharpe has introduced me to so much, giving me so many interesting leads.

http://www.pfc.org.uk/node/322

http://news.bbc.co.uk/1/h[...]225.stm

Here are a couple of links. the first I found unbelievable, that when the sexual offences act was ammended, post op M-F transexuals were overlooked within the sexual offences against the person act section one rape.

Judgmental High court rulings set precedents that overule statutes, the law of the land and raise ammendments within the relevant acts.

Not a lot of people know that..

Although, thankyou for the support, basically there was no need to respond to this thread it was an information thread, if anyone has a question or a point to raise please do so, lets not make it a never ending support or condemnation thread.

Cristine

How do I start, Julia. Whilst it is true there are lots of closet TV' CD's TS's and even some of my now post op freinds have gone stealth. Everyone has reasons and fears. I won't go into my own traumas and the things I have done, needless to say I have had a rather hedonistic lifstyle. But not every one can get out and about for various reasons. Some have to maintain a former life through honour comitments. Some people dress to escape realism, they don't all dress soley to get a sexual kick. The thing that upset me more was not a personal thing, its that you automatically seemed to place me in a category, a sad one. Which sorta reflects on everyone who is'nt out and proud, through various reason. Perhaps you were rash in your assumption, but everyone has a place here in TW. you can still wave the flag in here. I have been out and about since I was 16, perhaps I need to put my feet up and slouch about a bit. Personally I think you should stay on at TW, perhaps you have somthing positive to offer. As to your offer, I Will be taking out full membership and paying for last year as well. You stay a member enjoy. But I do so admire your courage in not letting the bastards grind you down xxXxx But other laws and rights that should protect us all, Lots of people in here thought there was no such thing as Tranny Rape perse. fearing they would be reffered to as men. The instances/links quotes were some of the precedents that included the TG community into the SDA acts preceeding the GRA. People still ask if they would be called Mr in court if they did'nt have their GRC. Defference would be given to complainants, witnesses or accused if it was reasonably shown the were transitioning..

To Marsha.

I did propose a legal forum, but it was mutually agreed not to rush ahead when I pointed out the (Ah! but). scenarios, which keep cropping up, Neither of us are legally qualified to interpret the laws and sometimes what you post today has already been ammended by precedent the day before. So there might be liabilities involved for TW for misinformation if people were taking the advice as statement of up to date fact. As to my Swearing on my life originally when somone mentioned they had to get special dispensation from a Bishop to get married in church. My imediate reaction was no way, the ERA and the GRA, says etc etc. how wrong I was to make assumptions and give my own reactionary opinion.

Cristine xxXxx

PS, an OMG how interesting, or I never even figured that out, response to the Judgement in Reading Crown court, first link would be acceptable, lol Somthing I found realy interesting even the clinical arguments for the defence. Well bless the judge.

Everyone,

whilst I realy appreciate the support, and try and be objective, I'm the first to respond when somone is insulted like man in the frock. The last post here is the pits. To me thats shameful. The lady has apologised to me in public and privately. A
sincere and heartfelt apology, Which has taken great courage and shows integrity. More than the people who insulted me openly in the chat room and not a word said since. I hope this is the end of it. I hope for everyones sake all the posts here,subsequent to my first two are deleted and we can get back to learning about our rights and the abnomalities in the laws that affect us. This is a virtual cyber world, Although I have met and shared moments with several members here, Julia does'nt know me from adam. She obviously felt bitter about her own experiences in being out and proud. Making what she thought was an inucous comment to my postings, thinking we should all be out and not closeted giving advice and commenting on life without having the real experience of living the life. My own experiences of out and proud might be frowned upon by quite a few.
letting the side down, lol Thats the end to it.

Cristine.

Sorry Jennifer, I thought your post was in the same vein as the preceeding ones,, suggesting being hit with a lump of 2x2 was deserved, just goes to show unless somone makes themselves clear a lot can be read into a few words.

Pleeeese can we now get back to normal,
Cristine