17 March, 202017 March, 2020 Liberate Jersey

Gender recognition process

The main reason that a transgender person would apply for a gender recognition certificate is to amend the sex that they were assigned at birth on their birth certificate.

You do not require a gender recognition certificate to acquire a passport in your recognised gender in Jersey. With the amendment to the Marriage and Civil Status (Jersey) Law in 2018 there is also now no requirement for a gender recognition certificate in order to marry as your recognised gender, Jersey’s marriage law is now effectively “blind” when it comes to the gender of the two people marrying.

The current process for acquiring a gender recognition certificate in Jersey involves acquiring a gender recognition certificate from another approved jurisdiction first, presenting that to the Royal Court, who will then issue the applicant with a Jersey gender recognition certificate. In effect, Jersey has “outsourced” the decision regarding issuing a gender recognition certificate to one of its citizens to other jurisdictions. Inevitably, in Jersey’s case, this means being reliant on the UK process for gender recognition.

In January 2016, the Women’s and Equality Committee produced a report (see section 3 of the report) investigating amongst other things the Gender Recognition Act and the gender recognition process for trans people. As a result, both the UK and Scottish parliaments are considering amending the Gender Recognition Act that is widely seen as unfit for purpose and a degrading process for trans people.

Irrespective of what the UK decides to do about its legislation, Liberate believes that this outsourcing model abdicates the States of Jersey’s responsibility of care to its transgender citizens and that there exists an opportunity for Jersey’s government to put in place an exemplary self-declaration process that is closer to the ones seen in other countries in Europe, which does not medicalise or pathologise transgender islanders or ask them to submit a body of evidence of their gender to an unseen panel.

Other countries

Whilst progress to amend the UK’s law has stalled, there are some countries that have already implemented the self-declaration model, so Jersey would not be breaking new ground if it were to follow them:

Ireland – Gender Recognition Bill (2015)

A person over the age of 18 can change their gender by way of a ‘statutory declaration’. A guide to Ireland’s process can be found here.

Malta – Gender Identity, Gender Expression and Sex Characteristics Act (2015)

A person over the age of 16 can change their gender by way of a ‘statutory declaration’ – https://tgeu.org/malta-adopts-ground-breaking-trans-intersex-law/

Norway – Legal Gender Amendment Act (2016)

Any person over the age of 16 can change their gender and name by submitting a short document to the local tax office. Young people between 6 and 16 can access the process if at least one parent consents to it – https://tgeu.org/norwegian-law-amending-the-legal-gender/

Argentina – Gender Identity Law (2012)

A person over the age of 18 can change their name and gender by submitting a document to the National Bureau of Vital Statistics. The law also gives adults access to sex reassignment surgery and hormone therapy as a part of their public or private health care plans – https://tgeu.org/argentina-gender-identity-law/

Portugal – Gender identity law (2018)

A person over the age of 16 can change their gender by making a statutory declaration. The legislation also makes it illegal to perform unnecessary surgery on intersex babies – https://tgeu.org/portugual-votes-for-self-determination-keeps-medicalization-for-minors/

Belgium – Legal Gender Recognition Law (2017)

A person from the age of 16 can change their gender by submitting a document to the civil registry. The process includes a three-month waiting period – https://www.ilga-europe.org/resources/news/latest-news/new-legal-gender-recognition-belgium

Denmark also has self-declaration, but with a six-month waiting time – https://tgeu.org/tgeu-statement-historic-danish-gender-recognition-law-comes-into-force/

Liberate is not in favour of any waiting time because, as the article says, a “waiting period may also perpetuate misconceptions of trans people as being “confused” about their gender, instead of encouraging them to change their documents quickly so that they can participate fully and freely in all aspects of life.”

Progress: Liberate has met with the Judicial Greffier to discuss what can be done within existing law as it stands to facilitate a self-declaration-style process for transgender islanders.

17 March, 202017 March, 2020 Liberate Jersey

Transgender healthcare

There is currently a lack of gender therapy skills in Jersey, which means that the pathway to care for someone with gender dysphoria (a transgender person) who is seeking hormone therapy to transition is –

An appointment with your GP in Jersey, who then refer to…
Child and Adolescent Mental Health Services (CAMHS) or Adult Mental Health Services (AMHS) in Jersey, who then refer to…
The NHS Gender Identity Clinic (GIC) in the UK.

The above process currently takes on average 18 months for the first appointment at the GIC in the UK. It is highly unlikely that any hormone therapy would be prescribed at a first appointment, so it is likely that at least two appointments in the UK would be required for a patient, lengthening the time further before any treatment commences.

For someone who is clear about their gender identity and has no underlying mental health conditions the process of sending them via Mental Health Services is inappropriate, complicated, lengthy, costly to the States of Jersey and could be delivered on-island by a GP with some skills in gender identity issues in consultation with the States of Jersey Endocrinology Department.

For someone who would like to talk to a therapist about their gender identity before taking any steps to transition and has no complicating mental health conditions the process could also be delivered on-island without referral to the critical care of CAMHS or AMHS by a local psychotherapist/psychologist with an understanding of gender identity issues in consultation with the patient’s GP and the States of Jersey Endocrinology Department.

In a small proportion of cases where there is a serious mental health issue in addition to a desire to undertake a gender transition, the current pathway to care may be appropriate. For the majority of cases, it is not and is placing an unnecessary burden on over-stretched critical care mental health services in Jersey.

The World Health Organisation declassified gender incongruence as a mental health condition in June this year – https://youtu.be/kyCgz0z05Ik

Due to the distress caused by the long waiting times for transgender patients for their first appointment with someone who can actually assist them with hormone therapy we know that there are GPs in Jersey who are prescribing hormones as an interim measure to alleviate the patient’s distress until they can access the GIC in the UK.

Background note: the gender therapists working in the GIC (or privately) in the UK are not trained as such. There is no qualification that a medical professional can get to qualify them as a gender therapist. Gender therapists are trained psychotherapists/psychologists who have experience of dealing with or written research papers regarding or otherwise have an interest in gender issues.

The solution

We need to provide the island’s GPs and psychotherapists/psychologists with the skills to service transgender clients in Jersey. This would remove the burden of transgender patients automatically being seen by Mental Health Services, releasing those professionals for critical cases that need them.

GPs particularly need support so, where they are prescribing hormones to alleviate distress, they are doing so with an understanding of gender issues. They also then have the skills to know whether to refer to a therapist or whether the patient is clear about their gender identity and desire to transition and that transition can be managed at primary care level.

Having up-skilled GPs and psychotherapists/psychologists, there should be no barrier to Jersey being able to provide hormone therapy to transgender patients without recourse to the NHS, saving the cross-charges associated with that referral and relieving a stretched service in the NHS of a burden.

Surgery

Having achieved self-sufficiency with regard to hormone therapy, it is unlikely that the island would be able to do the same for most of the specialist surgical procedures required by transgender patients.

The States of Jersey would need to agree a new cross-charging model with the NHS for this part of a transgender patient’s treatment, specifically an agreement regarding who can refer into the NHS for surgery.

Currently, referrals for transgender surgeries within the NHS come from the GIC in the UK. However, if Jersey is able to standalone for the (usual) first part of a person’s transition (hormone therapy), Jersey patients would not necessarily access the GIC any longer, so a new referral model would be required, such as the NHS accepting referrals from a central Jersey point that, in turn, accepts referrals from a Jersey GP or psychotherapist/psychologist.

ITV Channel recently covered this issue with Liberate’s input and you can see their reports here:

https://www.itv.com/news/channel/2018-11-01/calls-for-more-on-island-support-for-people-who-want-to-change-gender/

https://www.itv.com/news/channel/2018-11-02/waiting-times-for-gender-therapy-could-be-the-difference-between-life-or-death/

Progress: Liberate delivered a two day course in 2017 to a number of Jersey mental health professionals in partnership with the UK non-profit organisation Gendered Intelligence, which provides training by mental health professionals for medical professionals on gender identity issues.

Psychotherapists/psychologists received training in November 2018 from Dr Christina Richards, Lead Consultant Psychologist/Head of Psychology at the NHS London Gender Identity Clinic (Charing Cross) within the Tavistock and Portman NHS Foundation Trust.

We are looking for a sponsor to be able to provide gender identity training to Jersey GPs.

We have delivered evidence to the Health and Social Services Scrutiny Panel looking into mental health services in Jersey as to how waiting times might be reduced for transgender islanders. (Video of the panel hearing can be seen here.)

We have met and continue to work with professionals from the Health and Social Services Department who are looking into how Jersey can improve its pathway to care for transgender islanders.

We have met with the Health Minister Deputy Richard Renouf to discuss the reforms needed and received his support for making the process better for trans islanders.

25 May, 201621 October, 2016 Trans* Jersey

Tribunal ruling: Condor v Bisson

The 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.

Featured Trans* Jersey

GRC not fit for purpose

Two 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”

23 September, 2015 Trans* Jersey

Same-sex marriage will happen in 2017

The 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.

Clearly, 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…

19 July, 2015 Trans* Jersey

Mx title now available

Trans* 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.

14 July, 201514 January, 2016 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.”

Liberate 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

9 June, 201525 May, 2016 Trans* Jersey

Sex Discrimination Regulations debate

You can click here for the extract from the Hansard transcript of 2 June 2015 where the States of Jersey debate the (Sex and Related Characteristics) (Jersey) Regulations.

Click here for the regulations as passed by the States of Jersey.

2 June, 201514 January, 2016 Trans* Jersey

Press release: 2 June 2015

Trans* Jersey welcomes Jersey’s sex discrimination regulations that go further than the UK in their protections for people of non-binary genders.

The States of Jersey have passed regulations today that expand the island’s anti-discrimination legislation to encompass sex, gender reassignment, sexual orientation and pregnancy and maternity. The new regulations, due to come into force on 1 September 2015, give protection to transgender islanders, but also protect all those who do not identify with the gender binary of man or woman.

Jersey has gone further than the UK’s Equality Act by recognising that there are more than two sexes. The island’s regulations explicitly protect intersex people as well as men and women from discrimination under the protected characteristic of sex.

“This is an important inclusion that recognises a small and often misunderstood section of society. It makes clear the distinction between intersex and transgender people – a common misconception – and it allows those who were born neither biologically male nor female and who identify as intersex to do so, knowing that they do not have to choose man or woman if they do not want to and they will still be protected from discrimination under the law,” said Vic Tanner Davy, Founder of Trans* Jersey.

For the 1-2% of the population that experience some degree of gender dysphoria (a feeling that your gender identity does not match the gender role assigned to you by society), they are also given protection under the new regulations. Jersey’s regulations state that a person is transgender whether or not they intend to have medical intervention to transition. This, again, goes further than the UK in its protection.

Trans* Jersey’s founder, Vic Tanner Davy, said: “Not everyone who experiences gender dysphoria will take steps to do anything about it. As well as those who decide to transition, the regulations protect those who identify as any one of a number of genders that can be termed genderqueer from discrimination, harassment and victimisation.

“The trans* community in its widest sense is at its most vulnerable from physical and verbal abuse when it does not fit society’s ideal of men or women. This means that those early in their transition or those who cannot, or do not want to, transition are the most likely to experience discrimination. Jersey has recognised this and put in place protections. We are pleased that Jersey is leading the UK in this and we congratulate the States members on their decision today.”

Trans* Jersey is offering training sessions for organisations on how to deal with trans* employees and service users ahead of the new legislation coming in on 1 September 2015. They can be contacted by email: admin@transjersey.org

13 February, 20152 June, 2015 Trans* Jersey

Draft Sex Discrimination Law released

The Social Security Department has released a consultation draft of the Discrimination (Sex and Related Characteristics) (Jersey) Regulations today. The draft can be downloaded by clicking here.

The draft represents a great deal of hard work by the Social Security Ministers, Francis Le Gresley and Susie Pinel, and their team. It takes as its starting point the UK’s Equality Act 2010 but then improves upon it, taking into account areas where the Act falls short. Protection for transgender people is one of those areas and the draft has gone further than the UK in its recognition of the diversity of sex and gender by protecting both intersex and genderqueer people.

The highlights for trans* islanders are as follows:

Gender reassignment is a separate protected characteristic. So, even if we don’t identify as man or woman (the two genders mentioned under the protected characteristic of sex), we are still protected from discrimination (direct, indirect or harassment) because we have the characteristic of gender reassignment.

Intersex individuals are protected under the characteristic of sex. This is an addition Trans* Jersey asked for and recognises that there are more than two sexes and that being intersex is different from being trans*.

The regulations say:
This last paragraph protects the broadest population possible and gives protection to those trans* islanders who are genderqueer (ie. either have no wish to live as one particular gender or have no wish to fully transition to live as their recognised gender). This was something that Trans* Jersey asked for. As we know, living between genders is hard, whether through choice or because we are at an early stage in our transition. It is also when we are most likely to experience discriminatory behaviour.

The exceptions to prohibited acts mention gender reassignment in two places only. Otherwise, there are no exceptions, i.e. no circumstances under which it is acceptable to discriminate against a transgender person.

One exception is to allow religious organisations who do not wish to recruit a transgender person as a minister of religion to do so without being prosecuted. However, religious organisations may not discriminate in the provision of services to transgender people or in employing them in other capacities in the organisation.

The other exception is to allow Jersey sporting organisations working under national or international competition rules (that may have specific clauses regarding trans participation) to comply with those rules without being prosecuted. Unfortunately, the sporting arena is an area that is a minefield for trans sportsmen and women with a lot of myths about trans people’s physicality still persisting. The International Olympic Committee (one of the more progressive) allow trans competitors so long as they possess their gender recognition certificate, have had hormone therapy for at least two years and have had surgery. (You can find out more about various sporting organisations’ policies here.) Fortunately, for those of us who are not elite atheletes, the draft regulations do not allow your local sports club to discriminate against you participating in sport for fun as your recognised gender.

If you have any queries about how the draft regulations might work in practice, please email admin@transjersey.org and we’ll do our best to answer them.

Trans* Jersey

Providing help and support to transgender, gender non-conforming and intersex Jersey residents

Political consultation