Post by Deleted on Feb 7, 2015 17:15:21 GMT 8
Hi, Kids!
I suppose I’m venting a bit here because it is true that I’m feeling some frustration right now, but I thought I’d fill you in on the current status of our situation in Ireland. There is a Gender Recognition Bill currently being debated in the Irish Parliament and which is set to be passed shortly.
On the face of it, the imminent passage of such a bill is good news, right? It’s just that this legislation is so flawed that we transfolks are seriously unhappy with it. To my mind this bill reflects the usual prejudices that people have against us—so that even a bill recognizing transgender rights is insulting in a way.
This isn’t surprising. A while back when this legislation was being mooted, the minister in charge called in various parties for consultation. Amazingly, she didn’t immediately consult with any trans people or organizations. It didn’t seem to occur to her that she might find out what we thought about things. Later on she did bring one of our organizations into the process—but they had to make a lot of noise in order to be included.
One group she did consult was the Iona Institute, a body that is notorious here in Ireland: a staunchly Catholic organization that’s against transgender rights and just about anything else that smacks of being humane. E.g., in May we’re set to have a referendum on same-sex marriage and the Iona Institute, along with the Catholic hierarchy, are among those leading the opposition.
Now I don’t want to sound too harsh towards the Minister. I think she has tried. Just not hard enough. As I said, this legislation is seriously deficient in ways.
(1) Transgenderism is still being pathologised. I.e., if you want to be legally recognized as trans, you have to have a referral from a primary medical caregiver, which person is either an endocrinologist or a psychiatrist. I mentioned earlier that this legislation reflects the old prejudices. This is one of them: transgenderism is still regarded as a sickness.
(2) If a married transperson wants to be legally recognized in their true gender, they’ll have to get divorced—even if the couple in question doesn’t want to. This is because currently there’s no same-sex marriage here. Hopefully, in May the referendum will remedy this deficiency, and this provision can be removed from legislation.
(3) Initially this legislation made no provision for anyone under 18. The minister reluctantly agreed to lower the age for recognition to 16. However, the 16’s and 17’s will have to have the approval of their parents, two psychiatrists and a judge. And all these people will have to testify that in their opinion the young person in question understands the consequences of his action.
For me, this is hugely insulting. As if at 16 you’re not old enough to know whether or not you’re trans. As if other people would know more about it than you. And as if a transperson wouldn’t know better than others what the consequences are of being and living trans.
Again, a reflection of the old prejudices still inherent in this legislation: transgenderism is basically a sickness and we want to make it as difficult as possible for a young person to actually be himself.
(4) To my mind the most serious deficiency: there’s no provision whatsoever for the under-16’s. Even if you’re not going to give them formal legal recognition, there could be some sort of provision whereby they could go to school, live their lives, etc., as themselves, at least on an informal basis. But there’s nothing at all for them.
A few days ago formal debate on this bill began in the upper house of the Parliament, the Seanad (the Senate). The report about this debate that I read was encouraging and quite heart-warming. Many of the senators are aware of the limitations of this bill and the need to amend it. Some of them pointed out that there were no transgender people participating in the debate. In other words, they recognized the main problem: we have a lot of cisgender people legislating for the lives of transgender people.
Special mention was made of the fact that the bill as it stands makes no provision for the under-16’s. But when this was pointed out to the minister who was present at the debate (and he’s a new guy, kind of a second-in-command overseeing this legislation), he merely stated that he was not in a position to accept any amendments on this score. “This bill can’t do everything,” he stated. In other words, screw the under-16’s.
And why can’t it do everything? The bill’s limitations are well known at this point. They could be put right if there was a will to do so. I think the reason is that even when our rights are being recognized, there’s still that element of prejudice present which makes that recognition begrudging and limited.
Unfortunately, as is typical of European parliaments, the Senate, being the upper house, has no real power. Sometimes you think of it as little more than a talk-shop. The real business is done in the lower house. It appears that this bill will be passed as it is, which means that Irish transpeople will have to continue campaigning for another 10, 15, 20 years to get the proper sort of legislation that we need.
I did send an e-mail to the minister, addressing specifically the issue of the lack of recognition of the under-16’s. I tried to explain to him, without going to too great lengths, the effect that this lack of recognition will have on the lives of young transpeople. That e-mail was acknowledged by one of his underlings, but whether he himself will read it and think about it is of course questionable.
At any rate, if anyone is interested, this is where matters stand in Ireland today. Maybe I’ll update this some time. I’m not sure how long it will be before this bill is passed, but as you can imagine, I’m keeping a close eye on it.
Best wishes,
Foxglove the Disgruntled (and when have I ever really been gruntled?)
I suppose I’m venting a bit here because it is true that I’m feeling some frustration right now, but I thought I’d fill you in on the current status of our situation in Ireland. There is a Gender Recognition Bill currently being debated in the Irish Parliament and which is set to be passed shortly.
On the face of it, the imminent passage of such a bill is good news, right? It’s just that this legislation is so flawed that we transfolks are seriously unhappy with it. To my mind this bill reflects the usual prejudices that people have against us—so that even a bill recognizing transgender rights is insulting in a way.
This isn’t surprising. A while back when this legislation was being mooted, the minister in charge called in various parties for consultation. Amazingly, she didn’t immediately consult with any trans people or organizations. It didn’t seem to occur to her that she might find out what we thought about things. Later on she did bring one of our organizations into the process—but they had to make a lot of noise in order to be included.
One group she did consult was the Iona Institute, a body that is notorious here in Ireland: a staunchly Catholic organization that’s against transgender rights and just about anything else that smacks of being humane. E.g., in May we’re set to have a referendum on same-sex marriage and the Iona Institute, along with the Catholic hierarchy, are among those leading the opposition.
Now I don’t want to sound too harsh towards the Minister. I think she has tried. Just not hard enough. As I said, this legislation is seriously deficient in ways.
(1) Transgenderism is still being pathologised. I.e., if you want to be legally recognized as trans, you have to have a referral from a primary medical caregiver, which person is either an endocrinologist or a psychiatrist. I mentioned earlier that this legislation reflects the old prejudices. This is one of them: transgenderism is still regarded as a sickness.
(2) If a married transperson wants to be legally recognized in their true gender, they’ll have to get divorced—even if the couple in question doesn’t want to. This is because currently there’s no same-sex marriage here. Hopefully, in May the referendum will remedy this deficiency, and this provision can be removed from legislation.
(3) Initially this legislation made no provision for anyone under 18. The minister reluctantly agreed to lower the age for recognition to 16. However, the 16’s and 17’s will have to have the approval of their parents, two psychiatrists and a judge. And all these people will have to testify that in their opinion the young person in question understands the consequences of his action.
For me, this is hugely insulting. As if at 16 you’re not old enough to know whether or not you’re trans. As if other people would know more about it than you. And as if a transperson wouldn’t know better than others what the consequences are of being and living trans.
Again, a reflection of the old prejudices still inherent in this legislation: transgenderism is basically a sickness and we want to make it as difficult as possible for a young person to actually be himself.
(4) To my mind the most serious deficiency: there’s no provision whatsoever for the under-16’s. Even if you’re not going to give them formal legal recognition, there could be some sort of provision whereby they could go to school, live their lives, etc., as themselves, at least on an informal basis. But there’s nothing at all for them.
A few days ago formal debate on this bill began in the upper house of the Parliament, the Seanad (the Senate). The report about this debate that I read was encouraging and quite heart-warming. Many of the senators are aware of the limitations of this bill and the need to amend it. Some of them pointed out that there were no transgender people participating in the debate. In other words, they recognized the main problem: we have a lot of cisgender people legislating for the lives of transgender people.
Special mention was made of the fact that the bill as it stands makes no provision for the under-16’s. But when this was pointed out to the minister who was present at the debate (and he’s a new guy, kind of a second-in-command overseeing this legislation), he merely stated that he was not in a position to accept any amendments on this score. “This bill can’t do everything,” he stated. In other words, screw the under-16’s.
And why can’t it do everything? The bill’s limitations are well known at this point. They could be put right if there was a will to do so. I think the reason is that even when our rights are being recognized, there’s still that element of prejudice present which makes that recognition begrudging and limited.
Unfortunately, as is typical of European parliaments, the Senate, being the upper house, has no real power. Sometimes you think of it as little more than a talk-shop. The real business is done in the lower house. It appears that this bill will be passed as it is, which means that Irish transpeople will have to continue campaigning for another 10, 15, 20 years to get the proper sort of legislation that we need.
I did send an e-mail to the minister, addressing specifically the issue of the lack of recognition of the under-16’s. I tried to explain to him, without going to too great lengths, the effect that this lack of recognition will have on the lives of young transpeople. That e-mail was acknowledged by one of his underlings, but whether he himself will read it and think about it is of course questionable.
At any rate, if anyone is interested, this is where matters stand in Ireland today. Maybe I’ll update this some time. I’m not sure how long it will be before this bill is passed, but as you can imagine, I’m keeping a close eye on it.
Best wishes,
Foxglove the Disgruntled (and when have I ever really been gruntled?)