Scotland’s gender recognition reform: conflict for women’s equality?

01-06-2022

Saskia Puck

Women’s Rights Researcher

Global Human Rights Defence.

In 2004, Scotland passed the Gender Recognition Act, now amending this with the Gender Recognition Reform Bill. The idea behind the Gender Recognition Reform Bill is to streamline the process to legally live by your acquired gender. The Bill cuts the time a person must live in their acquired gender before the application from 2 years to 3 months. Furthermore, it removes the requirement for medical documentation and reduces the minimum age from 18 to 16.

Common consensus has been reached that women’s rights are tightly interlinked with transgender rights yet concerns about the effectiveness and feasibility of the Bill have been voiced. Opponents to this Bill find that there is significant risk regarding the access to single-sex spaces, such as public toilets, hospitals, prisons etc. Several committees have signed a letter to the MSPs stating that this Bill “risks becoming another piece of bad law.” (“Gender Recognition Reform Bill ‘risks becoming bad law’”, 2022) It is feared that this Bill with result in negative consequences for women and vulnerable young people alike. Especially regarding the requirement to live in the acquired gender for 3 months prior to application, there is fear that this will lead to a reinforcement of gender stereotypes. Another major concern is that there is no provision for a de-transition, raising legal questions for those that want to return to their assigned gender from birth.

Despite the opposition to the Gender Recognition Reform Bill, several statements have been made to clarify its purpose and define the expected impact. The Social Justice Secretary, Shona Robinson, clarified “This Bill does not introduce any new rights for trans people. It is about simplifying and improving the process for a trans person to gain legal recognition, which has been a right for 18 years.” (Harrison, J., 2022) It is further stressed that this Bill outlines the process behind obtaining a certification, which is no different than those related to a driver’s license, passport or other legal documents. Moreover, the executive director of feminist and equalities group Engender, Catherine Murphy, reiterated that there should be no negative consequences on women’s rights or equality. She further states in relation to concerns about access to single-sex spaces, “I do not think that this bill in any way changes the currently status quo with regard to accessing these spaces.” (Bol, D., 2022)

Ultimately, there are many concerns voiced towards the Gender Recognition Reform Bill, highlighting that there is a need for serious revisions as many points remain unclear and there is a fear for women’s rights and equality. However, public consultation did show that there is a 60% positive response towards this Bill.

Sources and Further Reading

Bol, D. (2022, May 31). Feminist campaigners say trans and women's rights 'inter-connected'. The Herald. Retrieved June 1, 2022, from https://www.heraldscotland.com/politics/20178992.feminist-campaigners-say-trans-womens-rights-inter-connected/.

Brookes, L. (2022, June 1). Scotland’s gender recognition reform is a ‘recipe for bad law’, say campaigners. The Guardian. Retrieved June 1, 2022, from https://www.theguardian.com/uk-news/2022/jun/01/scotlands-gender-recognition-reform-is-a-recipe-for-bad-law-say-campaigners.

Gender Recognition Reform Bill ‘risks becoming bad law’. (2022, May 30). Scottish Legal News. Retrieved June 1, 2022, from https://www.scottishlegal.com/articles/gender-recognition-reform-bill-risks-becoming-bad-law.

Harrison, J. (2022, May 24). Gender reform Scotland: Majority of responders 'opposed to law reform'. The Herald. Retrieved June 1, 2022, from https://www.heraldscotland.com/politics/20160480.gender-reform-scotland-majority-responders-opposed-law-reform/.

Scottish Government. (2022, March 3). Gender recognition reform bill. Retrieved June 1, 2022, from https://www.gov.scot/news/gender-recognition-reform-bill/.