Author: Trans* Jersey

Featured Trans* Jersey

Truvision Launched

14364636_336745373328623_5628863795655713452_n

The States of Jersey Police today released their newest weapon in combatting hate crime – Truvision, an online tool that enables anyone in the community who experiences an hate crime to report it.

Some facts you should know about hate crime –

  • Hate crime happens in Jersey;
  • Hate crime can happen to anyone not just people from minority groups;
  • A hate crime happens where it is perceived that the perpetrator’s hostility or prejudice against any person or property is on the grounds of the victim’s ethnicity (race), sexual orientation, gender identity (including transgender), religion, disability;
  • Hate crimes and incidents have one of the highest repeat victimisation rates;
  • Hate crime can take many forms including physical assault; criminal damage to property; verbal abuse – name calling; intimidation; harassment;
  • The perpetrator of the hate crime doesn’t not have to be right about their reason for hating the victim, e.g. calling a straight person “gay” and beating them up for this misconception is still a hate crime;
  • Hate crime does not have to happen to you to report it – you can report a hate crime you have witnessed;
  • Hate crime can have a long lasting (longer lasting than other crimes) effect on the mental health of the victim;
  • The police take hate crime seriously.

Hate crime is under reported across the UK (including Jersey and, particularly, by the trans community) for a number of reasons – one of which is that some people are wary of talking to the Police face-to-face or over the phone. Maybe they don’t trust the Police because they had a bad experience in the past or maybe they feel they won’t explain themselves clearly enough to be taken seriously. Truvision addresses this problem.

Truvision allows reports to be made anonymously or you can elect to leave your contact details for a follow up. You can also report a hate crime on behalf of someone else who, perhaps, doesn’t have Internet access or the ability to use a computer. Importantly, if you report a hate crime using Truvision, anonymously or otherwise, your report will be added to the statistics on hate crime in Jersey, giving the Police a much better idea of how widespread the problem is.

To find out more, visit report-it.org.uk/states_of_jersey

Trans* Jersey

Tribunal ruling: Condor v Bisson

Channel-CondorExpress-extThe Jersey Employment and Discrimination Tribunal have made recommendations to ferry company, Condor, as a result of their discriminatory behaviour towards Ms Bisson. The full judgement can be read here.

It is no surprise that the first transgender discrimination case in Jersey is about the use of gender-segregated facilities. This is an area that always causes problems for the trans community because being trans is not well-understood by the majority of people: they confuse gender with sexuality and allow irrational, often transphobic, fears to cloud their reasoning.

Much has been made in the media about changing signage, but this is, actually, not the most important point to be taken from the judgement.The most important point is that Condor got it wrong from the outset by offering a trans person the disabled facilities and by not acknowledging Ms Bisson’s gender correctly. So, before everyone rushes out to buy new signs for the toilet doors, let’s look at what businesses need to learn from this ruling.

As a result of the judgement, businesses should be aware of the following points:

  • Businesses need to ensure that their policies for dealing with transgender customers and employees are up to date and comply with discrimination law. They need to communicate these policies to their employees and provide their staff with training on discrimination legislation that may need to include a discussion of trans issues where understanding is lacking.
  • Transgender people should be treated as their recognised gender for all purposes. This includes using the correct form of address, titles and pronouns. If you are not sure of a person’s gender, use a gender-neutral pronoun like they/their/them until you can ascertain their gender or find a moment to ask discreetly what title they prefer to use.
  • It is never appropriate to offer a transgender person the disabled facilities to use. A transgender person is not disabled and, therefore, would not want to inconvenience users who are disabled and need the extra assistance offered by these facilities.
  • Businesses should permit transgender people to use the facility that is inline with their recognised gender. Under the law, a trans woman’s comparator is a woman and a trans man’s comparator is a man. In seeking a decision as to whether a trans person has been discriminated against, a court or tribunal will ask: was the trans man/woman treated the same as a man/woman?

So, bearing this last point in mind, do we need to replace the signs “ladies and gents” on toilet doors with stick figures? No. You are not going to be taken to the tribunal for discrimination if your toilet signs still use words. However, you could be taken to tribunal if you or your employees do not treat a trans woman the same as you treat a woman. Most transgender people do not want special treatment, they want equal treatment that affords them the same rights and privileges as non-trans people of the same gender as their recognised gender.

When someone is in the early stages of transitioning using a public toilet is one of the areas that worries them most. Trans women find this more difficult than trans men because of the prejudice that exists in society. Education is the key to breaking down this prejudice. Understanding what it means to be transgender and, crucially, what it doesn’t mean will help the trans community to lead safer and fulfilled lives but also help businesses stay out of the tribunal. This is why, ever since the discrimination law was introduced on 1 September 2015, Trans* Jersey have been offering a free one hour training session to all and any businesses about trans awareness.

Trans* Jersey hopes that Condor is the last business that finds themselves in the tribunal for a case involving the use of toilets or changing rooms by transgender people. If your organisation is not sure how to deal with a trans issue, please contact us or Liberate and we will be happy to advise you.

Trans* Jersey

TotalJobs survey shows things are getting better

The infographic from TotalJobs’ recent survey of trans employees shows that things are getting better in the workplace but there is still work to be done. Recent high profile positive media events, such as the success of TV shows like “Transparent” and “Boy Meets Girl”, seem to have had a knock-on effect in the workplace in terms of raising awareness about trans issues. You can read more about the survey results here.
What’s it like to be a trans employee?

Featured Trans* Jersey

GRC not fit for purpose

GRC-application-formTwo significant reports dropped into the Trans* Jersey inbox this week. Both highlight the need for a complete review of the gender recognition process in the UK by which a trans individual “becomes” their recognised gender in the eyes of the law. This is significant for us in Jersey as we have “outsourced” our gender recognition process to any other jurisdiction whose legal system/courts we recognise including and, most usually, the UK.

What is the gender recognition process?

At present, a Jersey trans individual who requires a gender recognition certificate (“GRC”) travels the following route through the UK system:

  • Live as their recognised gender for two years;
  • Collect proof that they have been living as their recognised gender for two years, e.g. letter from gender therapist, letter from GP, passport/driving licence showing recognised gender, invoices from utility companies showing title in line with recognised gender, pay slips from employer showing title in line with recognised gender, etc;
  • Apply to the Gender Recognition Panel (“GRP”) in the UK (although this could be any other jurisdiction that Jersey recognises) including the documentary proof gathered as evidence and a fee of £140;
  • Wait for the GRP to decide on whether they will issue a GRC. There is no automatic requirement to appear before the panel. The GRP’s judgement is made based on the documents submitted. However, if the documents are not satisfactory, the GRP can call for further evidence that might include an appearance before them;
  • Once the GRP rule that a GRC can be issued, the GRC must be passed through the Royal Court in Jersey and Jersey will then also issue a GRC.

At this point, the trans individual is their recognised gender legally in Jersey.

The above assumes a trans individual who does not have a spouse. If the trans individual applying for a GRC is married or in a civil partnership, things get more complex. The GRC legislation in England and Wales requires the trans individual to divorce/dissolve the marriage/partnership before a GRC will be granted and, if the spouse disagrees with that, they get to veto the trans spouse’s GRC application.Scottish law does not include this so called “spousal veto”.

Jersey’s same-sex marriage law will be following the Scottish model in allowing someone in a marriage/civil partnership who wishes to transition to do so seamlessly without the requirement to divorce/dissolve the partnership. However, this is then inconsistent with “outsourcing” Jersey’s GRC procedure to a jurisdiction (the UK) that has legislation that includes the spousal veto. This is a problem that the States of Jersey will need to address before 2017 when equal marriage legislation is due to come into force.

So, why bother with a GRC at all?

Some trans people don’t. Changing their gender on their passports is enough to do what they need to do in life. For others, not having their gender legally recognised could be problematic. For example, if the trans person wishes to marry as their recognised gender and not as the gender they were assigned at birth.

Some trans people may also wish to amend all records that show them to be trans and to protect any records that divulge their status from public scrutiny. This may be for reasons of personal safety. A GRC affords those people a greater level of protection in this regard than, say, the data protection or discrimination law. The amendment of records extends to birth certificates. Having a GRC is the only way to amend your birth certificate.

What needs to happen?

The two reports are consistent in their assessment of the GRC process as no longer fit for purpose.

The main criticisms of the system are:

  • it is long-winded and difficult to navigate;
  • in practice, it requires evidence of medical treatment before the GRP will grant a GRC, despite this supposedly not being a requirement;
  • applying to a panel, who may or may not be qualified in gender matters, for recognition of one’s gender identity is inappropriate and humiliating;
  • the financial cost of the application is greater than the fee of £140 as gathering the evidence required also incurs costs;
  • it does not allow for someone to identify as neither man nor woman;
  • the requirement for someone to have lived for two years as their recognised gender before being eligible is arbitrary and unreasonable;
  • the minimum age limit of 18 is out of line with other legislation that acknowledges young people can make life changing decisions from 16 onwards;
  • the link between having one’s gender recognised legally and the protection of a trans person’s personal data created by the gender recognition legislation leads to people being inappropriately asked for GRCs before transactions that should not require sight of a GRC will be carried out by employers, government departments, etc.

In short, both reports draw the same conclusion that gender identity should not be based on a diagnosis of gender dysphoria but should be self-determined by the person concerned.

The States of Jersey have an golden opportunity now in their work on the same-sex marriage law to do the right thing by the trans community and make the process by which a trans person “becomes” their recognised gender in the eyes of the law simple, affordable, inclusive and self-reporting. Trans* Jersey will be working towards this in 2016.

You can read the full reports here:

UK Trans Info’s report: “Gender Recognition: Where Next?”

House of Commons Women and Equalities Committee: “Transgender Equality”

Trans* Jersey

Same-sex marriage will happen in 2017

stateschamberThe States of Jersey have voted overwhelmingly in favour of same-sex marriage. The Chief Minister, Senator Ian Gorst, asked States members to decide whether they were for or against four principles.

(a) to agree, in principle, that appropriate legislation should be brought forward for approval to allow same-sex couples to get married in Jersey, with the legislation to:
(i) include civil marriage and religious marriage with appropriate safeguards in place to protect the rights of religious organisations and their officials who do not wish to conduct same-sex marriages;
(ii) include allowing people in civil partnerships to convert their partnership into marriage;
(iii) include retention of terms such as ‘husband and wife’, ‘mother and father’ in legislation;
(iv) not include a spousal veto in respect of gender recognition;

This principle was passed 37:4 with 1 abstention and 7 absentees. The full result can be found here.

(b) to agree, in principle, that current legislation should be amended to confer parental responsibility automatically on unmarried fathers who are named on birth certificates;

This principle was passed 43:1 with 5 absentees. The full result can be found here.

(c) to agree, in principle, that new legislation should be brought forward for approval to allow for the introduction of a system of divorce and dissolution making it a legal requirement to access and use mediation services subject to appropriate safeguards and human rights considerations;

This principle was passed 41:3 with 5 absentees. The full result can be found here.

(d) to request that the Chief Minister bring forward for approval by the States Assembly, no later than end January 2017, the draft legislation necessary to give effect to these proposals.

This principle was passed by 42 members with 2 abstentions and 5 absentees. The full result can be found here.

The full proposition can be downloaded here.

gay-marriage-wedding-vows-100815-02Clearly, principle (a) (iv) is the most important for Jersey’s trans community as it ensures that none of us will be asked to choose between having our gender recognised legally via a gender recognition certificate (“GRC”) and our marriage. It is the case, in England and Wales, that those who transition within a marriage (or civil partnership) and wish to acquire their GRC must divorce (or dissolve the partnership) and remarry as a same-sex couple (or opposite-sex couple). To do this, they must get their partner’s permission. If the spouse does not give permission, they effectively “veto” the trans person’s ability to get a GRC and have their gender legally recognised. It is an impossible choice to ask someone to make – their gender or their marriage?

Jersey will be following the Scottish legal model where the marriage seamlessly changes from opposite-sex to same-sex (or vice versa) on the issuing of the GRC. However, this causes a problem as we have outsourced the issuing of GRC’s to other recognised jurisdictions around the world. Our Gender Recognition (Jersey) Law 2010, therefore, relies on our ability to obtain a GRC from a recognised jurisdiction – the most logical being England and Wales. But, because England and Wales require a trans person to divorce before a GRC is issued, then Jersey people applying for their GRC will be subject to the spousal veto “by the back door”.

As the above loophole shows, there is much work still to be done. This is why the expected delivery date for the legislation is 2017. This gives us time to work with the Chief Minister to ensure that a satisfactory outcome is achieved on the subject of gender recognition. Watch this space for updates…

Trans* Jersey

Mx title now available

socsecTrans* Jersey has been contacted by the Social Security Department to let us know that Mx has now been included as a gender neutral title option in their computer systems. This is good news for all those who identify as in between the simple binary of man or woman.
The department have issued the following statement about the change: “Transgender people in Jersey will be protected against discrimination from September this year and so this is an appropriate change for the Department to make to ensure that our customers are addressed by us as they wish to be addressed.

“We do not know yet whether any other States Departments intend to make a similar change.

“We have not changed the title options on any of our forms as this would require a much bigger piece of work, but it may happen in the future.”

They have also issued the following guidance to their employees:

What is Mx?
Mx is the most commonly used title that does not indicate gender (i.e. instead of Mr, Mrs, Miss etc) and it may be used by people who do not identify as either a man or woman. It may be  pronounced as ‘mux’, ‘mix’ or ‘mixter’. Mx has been adopted by many major national institutions in the UK and is a permitted title option for the DWP, DVLA, HMRC, NHS, Identity and Passport Service, Post Office, some local city councils and banks, universities and utilities companies.

What this means for the customer
A customer may request that their title is recorded in our systems as Mx.  If a customer requests this, you simply make the change. We do not need any details or explanation of why this is the customer’s preference. You should never make assumptions or offer this option to a customer if they have not requested it.

When a customer makes this request, it would be appropriate for you to explain the extent to which Mx will be used in our correspondence with them in the future, i.e. letters and cheques.

Trans* Jersey

Press release: 14 July 2015

Channel Island equality charity Liberate and transgender support group Trans* Jersey have welcomed the proposal for same-sex marriage in Jersey lodged in the States Assembly today by the Chief Minister.

Chairman of Liberate in Jersey, Christian May, said: “We are heartened by the wording that the Chief Minister has chosen to use in his proposal that says, unequivocally, that ‘it would be unreasonable, and inappropriate, to continue to deny same-sex couples the opportunity to get married’. This is, of course, a sentiment that we share.”

gay-marriage-1105-1280x960Liberate also supports the Chief Minister’s decision to not propose legislation that compels religious groups to marry same-sex couples. Mr May said: “It is important that all the faith groups in our island reach their own conclusions on equal marriage and, if they decide they would like to celebrate it, to be able to do so when they are ready. The protections being proposed are proportionate and an appropriate response to the problem of allowing people the freedom to practice their religious beliefs within their sacred spaces without interference from the state, whilst not permitting discrimination against same-sex couples.”

Liberate supports the proposal’s recommendation of an overhaul of the divorce laws that place the emphasis on mediation and reconciliation before a divorce can be granted and a move towards no-fault divorces. Mr May said: “It is a sad fact that divorces happen to opposite-sex and same-sex couples in equal measure. Any legislation that takes some of the pain out of the process for the couple, and any children involved, is to be welcomed.”

The ability for a transgender partner in a marriage to transition and have their gender recognised in law without the so-called spousal veto that exists in England and Wales is good news for Trans* Jersey founder Vic Tanner Davy: “We welcome the re-examination being proposed for the process of gender recognition in the island and the commitment by the Chief Minister to follow the Scottish model for same-sex marriage that allows an opposite-sex marriage to seamlessly convert to a same-sex marriage, and vice versa, where someone transitions. There are a number of problems that exist currently for transgender people in Jersey looking to recognise their gender legally and we look forward to seeing more detail on this aspect of the proposal.”

The timetable for the implementation of the legal changes means that equal marriage could be a reality in Jersey by the end of 2017. Liberate is pleased that the process is still on-track despite a delay at the start of this year. Mr May said: “The proposal shows just how far-reaching and extensive the legislative changes need to be. It is right that Jersey undertakes the process thoroughly and examines all aspects of marriage at the same time as introducing same-sex marriage. Liberate understands that this will take time but that the end result will be worth the wait.”

The proposal can be downloaded here: http://www.statesassembly.gov.je/AssemblyPropositions/2015/P.77-2015.pdf