Truvision Launched

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

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…

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

18 September, 2014 Trans* Jersey

States release consultation results

The States of Jersey have released the results of their consultation paper on the next phase of the island’s anti-discrimination law due to come into effect in September 2015. The section on Gender Reassignment demonstrates that trans* realities are poorly understood by some people and that the old myths surrounding toilet usage and gender specific job roles still persist. There is, therefore, work to be done to educate employers about trans* issues and how they cope with trans* employees.

You can read the results here (link at bottom of the page): http://www.gov.je/Government/Consultations/Pages/SexDiscriminationLawConsultation.aspx

30 July, 20144 October, 2014 Trans* Jersey

Media links: Meeting with the Chief Minister

Jersey Evening Post: Tuesday 29 July 2014:
Channel Island equality charity Liberate will be meeting two senior Jersey politicians tomorrow, Tuesday 29 July 2014, with affiliate group Trans*Jersey.

The first meeting will be held with Social Security Minister, Senator Francis Le Gresley, over Jersey’s new Discrimination Law and provisions relating to sexual orientation and gender reassignment.

The second meeting with Jersey’s Chief Minister, Senator Ian Gorst, follows the recent debate when the States of Jersey Assembly voted 24 to 18 in favour of a proposition by Home Minister Ian Le Marquand to delay an in principle decision on equal marriage in Jersey. Instead the Assembly agreed to a round of public consultation on the subject which will end in December.

The move provoked strong public reaction and anger from islanders, who recently voted 81% in favour of equal marriage in a poll carried out by the Jersey Evening Post.

The meeting is part of an initial round of meetings with interested stakeholder groups as part of the public consultation on Equal Marriage.

Chair of Liberate Martin Gavet said:

“We welcome the opportunity to meet with both Senator Francis Le Gresley and Chief Minister Senator Ian Gorst, on these important matters.

“For far too long Lesbian, Gay, Bisexual, Transgender and Questioning people in all our Channel Islands have been treated as second class citizens and we see these meetings as a sign that Jersey is committed to ensuring that it becomes a fair and equal society.

“These are issues that transcend politics. Politics has a vital role to play in protecting the rights and freedoms of citizens. Legislation will help to enshrine those values of a caring and compassionate society. Values that acknowledge that everyone is born free and equal in both dignity and rights.

“It will define how we as individuals are expected to treat each other, no matter what someone’s gender is, their gender identity, their sexual orientation, race, disability or belief. Discrimination breeds intolerance and hatred. We hope that soon there will be no hiding place for such attitudes which only serve to divide families, damage the fabric of our society and destroy lives.”

Above (left to right): Pippa McCathie, Support Director (Liberate); Ellie Jones, Vice-Chair (Liberate); Martin Gavet, Chair (Liberate) and Vic Tanner Davy founder of Trans*Jersey, standing outside Jersey’s Cyril Le Marquand House after meeting with Jersey Chief Minister Senator Ian Gorst.

Campaigners for Lesbian, Gay, Bisexual and Transgender rights met with Jersey’s Chief Minister Ian Gorst yesterday over proposals to introduce same-sex marriage.

Liberate, a Guernsey-based registered charity which represents the Channel Islands LGBTQ community described the meeting as constructive, well-researched and informed.

Liberate gave a video presentation to the meeting, which included representatives from other groups working with Jersey’s LGBTQ community, including Trans*Jersey which also gave a presentation.

During the recent States of Jersey debate on a proposition on Equal Marriage there had been considerable discussion around the “unintended consequences” of introducing equal marriage.

“Our video obviously struck a chord with those present at the meeting, especially Senator Gorst and his colleagues” said Martin Gavet, Chair of Liberate.

“It highlighted the consequences of not introducing equal marriage, and continuing to allow discriminatory laws and policies in Jersey society. It had a clear message that discriminatory laws and practices damage the very fabric of our society and family life. Such laws and practices, effectively say to citizens that prejudice, intolerance and hate towards others is acceptable.

“What society needs to wake up to is that this has a hugely damaging effect especially in respect of areas such as mental health and wellbeing. LGBTQ people are known to be twice at risk of anxiety, depression, substance misuse, self harm and suicide. Gay teens have recently been shown to be 6-9 times more likely to attempt to take their own life. Why? Because of the feelings of isolation, bullying, harassment, etc.

“This costs us in terms of emergency, acute, mental health care, policing, education and the welfare state. However this is just the financial cost to society. The tragedy is that families have disowned their own children just for being LGBTQ, and lives have been lost and will continue to be lost in our islands due to such prejudice.

“So long as we have laws that discriminate, we will find it harder to challenge prejudice as not all of us will be treated fairly and equally in dignity and rights.

“Above all this is about allowing two people who love each other the right to show that ultimate commitment – giving them the right to marry. The fact that we as a community have had to fight so hard for this right clearly shows to our decision makers how much we value and respect the institution of marriage”.

The meeting discussed models of equal marriage and civil unions in other jurisdictions including, England and Wales, Scotland, and South Africa. It is the first of several meetings and it is anticipated that the public consultation process may finish before Jersey’s elections in October.

Earlier in the day Liberate and Trans*Jersey also met with Senator Le Gresley, Social Security Minister over the introduction of the Discrimination Law and the inclusion of provisions relating to sexual orientation and gender identity.