Stage 1 Report on the Gender Recognition Reform (Scotland) Bill

PDF Published: Thursday 06 Oct 2022 (EHRCJS062022R08)

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- Introduction
- Glossary of terms
- Overview of the current grounds and procedure for applying for a gender recognition certificate
- Policy objectives of the Bill and consultation by the Scottish Government
  - Scottish Government consultations
    
    First consultation
    
    Second Consultation
  - Sections of the Bill
  - Key changes made by the Bill
    
    The Equality Act
- Consideration by the Equalities, Human Rights and Civil Justice Committee and other Committees
  - Informal engagement events
  - Consideration by other Committees
  - Membership changes
- International context
  - European examples of the self-declaration approach
- Key issues in the Committee's consideration of the Bill
  - The case for and against reform
  - Procedure before an application for legal gender recognition
    
    Removal of the Gender Recognition Panel from the process and introduction of the Registrar General
    
    Removal of the requirement for a diagnosis of gender dysphoria and the requirement for medical evidence
    
    Live in the acquired gender for three months
    
    "Acquired gender"
  - Procedure after an application for gender recognition
    
    Three-month reflection period
  - Eligibility for a GRC
    
    Lowering the age of eligibility for applicants from 18 to 16
  - The Cass Review
  - Gender identity clinics in Scotland
  - Ordinarily resident
  - Overseas gender recognition and confirmatory GRC
  - Spousal consent and interim GRCs
  - Person with interest
  - Criminal offence to make a false statutory declaration or application
  - Removal of power to introduce fee and other powers
  - Reporting duty
- Wider issues arising in evidence
  - EHRC's change of position on gender recognition reform
  - Impact on women and girls
    
    Equality Act 2010: Separate and single-sex exceptions
    
    Equality Act 2010: Other exceptions
    
    Self-exclusion
    
    Religious sensitivities
  - Impact on prisons
  - Trans inclusion in sport
  - Impact on data collection
  - Non-binary recognition
  - De-transition
- Recommendation on the general principles of the Bill
- Annex A
Sources

Scottish Parliament. (2022, June 28). Official Report of the Equalities, Human Rights and Civil Rights Committee. Retrieved from https://www.parliament.scot/api/sitecore/CustomMedia/OfficialReport?meetingId=13858

Scottish Parliament. (2022, May 17). Official Report of the Equalities, Human Rights and Civil Justice Committee. Retrieved from https://www.parliament.scot/api/sitecore/CustomMedia/OfficialReport?meetingId=13752

Scottish Parliament. (2022, June 21). Official Report of the Equalities, Human Rights and Civil Justice Committee. Retrieved from https://www.parliament.scot/api/sitecore/CustomMedia/OfficialReport?meetingId=13837

Scottish Parliament. (2022, May 31). Official Report of the Equalities, Human Rights and Civil Justice Committee. Retrieved from https://www.parliament.scot/api/sitecore/CustomMedia/OfficialReport?meetingId=13796

Scottish Parliament. (2022, June 14). Official Report of the Equalities, Human Rights and Civil Justice Committee. Retrieved from https://www.parliament.scot/api/sitecore/CustomMedia/OfficialReport?meetingId=13823

Scottish Parliament. (2022, June 7). Official Report of the Equalities, Human Rights and Civil Justice Committee. Retrieved from https://www.parliament.scot/api/sitecore/CustomMedia/OfficialReport?meetingId=13806

Scottish Parliament. (2022, June 28). Official Report of the Equalities, Human Rights and Civil Justice Committee. Retrieved from https://www.parliament.scot/api/sitecore/CustomMedia/OfficialReport?meetingId=13858

Scottish Parliament. (2022, June 22). Official Report of the Equalities, Human Rights and Civil Justice Committee. Retrieved from https://www.parliament.scot/api/sitecore/CustomMedia/OfficialReport?meetingId=13847

Scottish Parliament. (2022, May 24). Official Report of the Equalities, Human Rights and Civil Justice Committee. Retrieved from https://www.parliament.scot/api/sitecore/CustomMedia/OfficialReport?meetingId=13770

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