Coverage and inclusion of trans people Silvan Agius , Policy Director, ILGA-Europe Briefing Lunch

1. Coverage and inclusion of trans people Silvan Agius, Policy Director, ILGA-Europe Briefing Lunch 13th December 2010

2. Why are trans issues dealt with under ‘gender’?

3. Women Men Gender Spectrum Gender gate keeping

4. Legislation and trans people within the EU

5. The 1996 ECJ decision in P v. S and Cornwall County Council stated that: “[...] Council Directive 76/207/EEC of 9 February 1976 [...] precludes dismissal of a transsexual for a reason related to a gender reassignment.” • A milestone decision for the emancipation of trans people within the EU! • Decision was later reiterated in K.B. [2004] and Richards [2006] ECJ ruling

6. The 1996 P v. S decision was taken into accountin the adoption of: • Dir 2004/113/EC on access to goods and services [2606th C&C meeting] • Dir 2006/54/EC gender ‘recast’ directive (on employment and occupation) [recital 3] • However: • MSs have no obligation to transpose P v. S into legal texts but only apply its principle • The P v. S principle leaves transgender [non-op] people in a legal limbo P v. S principle

7. Patchy outcome

8. How cantrans people beincludedbetter?

9. Language in policy documents: • Is it necessary to refer to ‘men’ and ‘women’? • Can ‘gender/s’ or ‘sexes’ suffice? • ‘Binary/opposites’ exclude, ‘options’ include • Registration forms: • Name: .................................... • Gender: Male Female • Name: .................................... • Gender: ..................................  Simple inclusion

10. How to include trans in mainstream work? • Are trans people sufficiently covered? • If not, consider parallel work: • e.g. Segregated statistics • Visibility – through inclusive images, express reference to ‘gender identity’ or ‘trans people’ etc • Is there a trans specific element that needs to be considered separate? • e.g. Trans health • Classification of gender identity as a mental illness Substantive inclusion

11. Whatis ILGA-Europe calling for?

12. Combat gender based stereotypes (gendernormativity, transphobia) • Effective legal protection (current + future) • Tackling intersectional discrimination • Gender equality measures take full account of trans people EU Gender Strategy 2010-15: ILGA-Europe trans demands

13. Adoption of effective legal measures • VAW as core; but trans people also clearly covered • Cover men who may fall victims due to their gender non-conformity/ gender reassignment • Build upon existing local/ national strategies • Combat gender stereotypes, transphobia, and gendernormativity. VAW: ILGA-Europe T demands

14. Ensure quality standards for medical treatments • Removal of gender identity disorder from: • the International Classification of Diseases (ICD) • the Diagnostic and Statistical Manual of Mental Disorders (DSM). • Coverage of trans people under national health insurances (as applicable) Health and depathologisation

15. Thankyou!www.ilga-europe.org