Recognition Now Campaign Evaluation

Transcription

External Evaluation of TENI’s
Recognition Now Campaign
Aoife Mallon
Table of Contents
1.
Introduction
4
2.
External Background in Ireland
5
3.
TENI’s Organisational Background, Development & Governance 8
4.
TENI’s Key Objectives for the Recognition Now Campaign
11
5.
Objective 1
12
6.
Objective 2
15
7.
Objective 3
19
8.
Objective 4
23
9.
Objective 5
26
10.
Conclusions
29
3
Introduction
This is the summative evaluation of TENI’s gender
recognition campaign, Recognition Now, which TENI
received funding from Open Society Foundations
(OSF) for the period of January 1st 2013 – December
31st 2013. Ireland is the last remaining country in
the European Union that does not allow for the
legal recognition of trans people. The overall goal
of the Recognition Now campaign is the immediate
introduction of inclusive and rights-based gender
recognition legislation. This campaign seeks to
change the “hearts and minds” of Irish society through
education and awareness-raising and to positively
impact the legislative process. The evaluation assesses
the overall impact of this campaign in 2013 and the
series of objectives and outcomes TENI committed to
achieving, as found below.
Programme Objectives
TENI’s Gender Recognition campaign was allocated
70,000USD over a 12 month period, beginning January
2013 and finishing December 2013. The campaign had
five key objectives and each programme objective had
its own set of desired outcomes.
The Recognition Now campaign’s key objectives:
1. Advocate for the introduction of legislation that is
based on self-identification and self-determination.
2. Empower the trans community and our LGBT/
Human Rights allies to advocate on these issues and
be involved in change making.
4
3. Educate and raise awareness within greater society
to change the “hearts and minds” of Irish people so
that trans rights are recognised as human rights. This
will galvanise public opinion to support advocacy.
4. Remove the requirement criteria of forced divorce
and diagnosis from the proposed legislation.
5. Ensure that Ireland introduces best practice gender
recognition legislation.
Evaluation Methodology
The fieldwork carried out by the external evaluator took
place between December 2013 and February 2014. The
qualitative data in this evaluation included:
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members and one intern.
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members.
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members.
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engaged with TENI’s Recognition Now campaign.
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representative.
External Background in Ireland
Trans people are among the most vulnerable
members of Irish society and experience high levels
of stigmatisation and marginalisation. Research shows
suicidality1 , regular harassment, violence2 and systemic
discrimination are commonplace. In Ireland, a major
contributing factor to the marginalisation of trans
people is the lack of State recognition of trans identities.
Legal gender recognition for trans people is an urgent
health and human rights issue.
Legal gender recognition provides a process for an
individual to change the gender marker on their birth
certificate and be legally recognised by the State in
their true gender. Birth certificates are a foundational
identity document and are often requested for official
purposes (such as accessing social welfare, obtaining
a Personal Public Service Number to work and getting
married). In certain cases, a person may be recognised
as one gender on certain documents and another
gender on their birth certificate. This puts the individual
at risk of being ‘outed’ when they apply for a job, a new
passport or entry to education. It can also lead to a
denial of services and restrict an individual’s ability to
travel domestically and internationally. Forced outing
may result in harassment, discrimination and even
violence.
Dr Lydia Foy
In March 1993, Dr Lydia Foy applied to the office of the
Registrar General for a new birth certificate to
1 Transgender Equality Network Ireland (2013). “Speaking from the Margins: Trans
Mental Health and Wellbeing in Ireland.”
2 Press for Change (2009). “Transphobic Hate Crime in the European Union.”
reflect her female
gender which she’d
been living as since
1991. She was
refused. In April 1997,
after a number of
years’ unsuccessful
correspondence with
the Registrar General’s
office, Dr Foy initiated
High Court proceedings
to compel the Registrar
to issue her with a
new birth certificate.
In October 2000, the
case was heard in the High Court by Mr Justice Liam
McKechnie. His judgment was delivered in July 2002:
Dr Foy’s claim was rejected due to the lack of Irish or UK
legislation that would facilitate the overturning of the
existing jurisprudence. Justice McKechnie called on the
Government to deal with the position of trans people as
a matter of urgency: “Could I adopt what has repeatedly
been said by the European Court of Human Rights and
urge the appropriate authorities to urgently review this
matter.”
Two days after Justice McKechnie’s judgment, a legal
precedent was set. On 11th July 2002, the European
Court of Human Rights found in favor of Christine
Goodwin’s case to have a correct birth certificate
(Christine Goodwin v. UK): “The unsatisfactory situation
in which post-operative transsexuals live in an
intermediate zone as not quite one gender or the other
is no longer sustainable.”
5
Dr Foy appealed to the Supreme Court but before the
appeal was heard, the European Convention on Human
Rights Act 2003 (the ECHR Act) was enacted, bringing
the European Convention into Irish domestic law. In
November 2005 Dr Foy made a new application to
the Registrar General, asserting the obligation under
the ECHR Act to comply with the requirements of
the European Convention. However she was refused
once again and began new proceedings in the High
Court, seeking a declaration under the ECHR Act that
Irish legislation was incompatible with the European
Convention regarding the registration and issue of birth
certificates.
Dr Foy returned to the High Court in April 2007, 10
years after her legal challenge began. The case was
again heard by Justice McKechnie whose judgment,
on 19th October 2007, expressed great frustration at
the failure of the Irish Government to take any action
following his urgent plea in 2002, stating: “Ireland as of
now is very much isolated within the Member States
of the Council of Europe ... [and] must be even further
disconnected from mainstream thinking.”
Justice McKechnie found the State to be in breach of
its positive obligations under Article 8 of the European
Convention on Human Rights in failing to recognise
Dr Foy in her female gender and provide her with a
new birth certificate. This was the first declaration of
incompatibility to be made under the ECHR Act. The
State appealed this ruling to the Supreme Court.
Government Actions
The High Court’s declaration of incompatibility meant
that Ireland must provide a pathway to legal gender
recognition. This was re-iterated by the Coalition
Government in 2011, comprised of the Fine Gael
and Labour parties, in their Joint Programme for
Government. This document pledged to “ensure that
trans-gender people will have legal recognition and
extend the protections of the equality legislation to
them.”3 While this commitment did not expressly
outline the scope or timeline of the legislation, the
Labour party (secondary partner in the Coalition)
passed a motion at their annual Conference in April
2012, calling on “the Minister for Social Protection to
bring forward legislation that takes account of the
human rights and dignity of trans persons in line
with the recommendations of the Human Rights
Commissioner of the Council of Europe and to widely
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This motion was overwhelmingly passed and is now
party policy.
6
3 Fine Gael & Labour (2011). ”Government for National Recovery 2011-2016”. Available:
http://www.socialjustice.ie/content/programme-Government-2011-2016-full-text
4 Conference Motion: Session 1 - Creating Opportunities and Support through
Social Protection (Motion 15): http://www.labour.ie/conference/motions/
detail/13333759562915510/
Members of all other political parties, including Fine
Gael, Sinn Féin, Fianna Fáil and People Before Profit,
have also signaled an interest in gender recognition
through Parliamentary Questions that highlight the
Irish state’s inaction on this issue.5
In May 2010, the Irish Government set up the Gender
Recognition Advisory Group (GRAG), an interdepartmental working group “to advise the Minister for
Social Protection on the legislation required to provide
for legal recognition by the State of the acquired
gender of transsexuals.” Through consultation and
research, this group outlined a legal pathway and
qualification criteria for legal gender recognition.
In June 2011, the report was accepted by the Irish
Cabinet and in July 2011 it was publicly launched by
the Minister for Social Protection, whose Department
is in charge of the introduction of this legislation.6 The
proposed qualification criteria for gender recognition
were highly restrictive and clearly infringed on an
individual’s right to privacy, personal dignity and family
life.
In September 2012, the Minister announced that
when the draft Heads of Bill (general framework for
legislation) was completed it would be submitted
to the Joint Oireachtas (Government) Committee on
Education and Social Protection, made up of members
of Dáil (Parliament) and Seanad (Senate), for review.
In 2013, two Private Members Bills were drawn up to
introduce gender recognition legislation (May 2013 Aengus Ó Snodaigh7, Sinn Féin; June 2013 - Senator
Katherine Zappone8, Independent). Both bills would
provide progressive, rights-based gender recognition
legislation for Ireland.
The Government’s Draft Heads of Bill was published in
July 2013. Despite some significant amendments and
changes to the framework suggested by the GRAG,
the proposed legislation still required an individual
be over eighteen, single and submit a physician’s
letter confirming transition. In September 2013, the
Committee on Education and Social Protection took
written submissions from groups and individuals
addressing the various Heads and hearings were held in
October 2013. The Committee’s report was published in
January 2014.9
5 See here for a full list of Parliamentary Questions since 2011: http://www.teni.ie/
gender_recognition_news
6 The proposed qualification criteria for the Irish legislation borrowed heavily from the
UK Gender Recognition Act, 2004. The criteria include a requirement that applicants
be 18 years or older, a formal diagnosis of Gender Identity Disorder (GID) plus relevant
medical evidence, and the requirement that an individual not be in an existing valid
marriage or civil partnership. Applicants would also be required to apply to a threeperson independent panel.
7 The full text of the Bill is available here: http://www.oireachtas.ie/documents/bills28/
bills/2013/5613/b5613d.pdf
8 The full text of the Bill is available here: http://www.teni.ie/gender_recognition_news
9 See here for the Committee’s full report: http://www.oireachtas.ie/parliament/media/
committees/educationandsocialprotection/Report-on-Gender-Recognition-Bill.pdf
European Pressure
The Irish Government has also faced increasing
pressure from Europe on this issue. Since 2008, Ireland
has received much criticism from international human
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In 2009 in an issue of his regular Viewpoint, the Council
of Europe’s Commissioner for Human Rights, Thomas
Hammarberg, referring specifically to the Foy case
stated: “There is no excuse for not immediately granting
this community their full and unconditional human
rights.” The Irish Human Rights Commission urged
the Government to amend legislation to protect the
rights of trans persons under Articles 8 and 12 of the
European Convention.
In October 2012, the Council of Europe Commissioner
for Human Rights, Nils Muižnieks, spoke at the ILGAEurope Annual Conference, held in Dublin, and
acknowledged Dr Lydia Foy’s long struggle to be
recognised by the State. He declared that it was
“absolutely essential there are no undue restrictions”
that would prevent people from accessing recognition.
Following his visit to Ireland, Commissioner Muižnieks
wrote to Minister Burton to highlight the lack of
legal recognition of trans people. While noting
that legislation is currently being drafted to bring
Ireland in line with its human rights obligations, the
Commissioner expressed his concern that no clear
timeline was provided. He stated: “Five years have
elapsed since a High Court’s judgment found Ireland in
breach of the European Convention on Human Rights
in this field. The implementation process should be
accelerated.” Commissioner Muižnieks also stressed
the importance of self-determination and the right to
family life within the legislative framework.10
In 2013, TENI submitted a report to the Country
Report Task Forces of the United Nations (UN) Human
Rights Committee on Ireland’s implementation of the
International Covenant on Civil and Political Rights
(ICCPR). The UN Human Rights Committee (HRC)
included a question on the issue to the State in its list of
issues it wants Ireland to explain at the periodic review
of Ireland’s obligations under the ICCPR. This question
asked for detailed information “on the steps taken to
issue birth certificates to transgendered persons and
how transgender organisations have been included
in such process, including in relation to the Gender
Recognition Bill.”11
10 Letter from the Council of Europe Commissioner for Human Rights, Nils Muižnieks,
to the Minister for Social Protection of Ireland, Ms Joan Burton: https://wcd.coe.int/
ViewDoc.jsp?id=2011937
11 List of issues available here: http://tbinternet.ohchr.org/
7
TENI’s Organisational Background
Transgender Equality Network Ireland Ltd. (TENI) is a
non-profit organisation founded in 2005 that supports
the trans community and their families in Ireland. TENI
originally comprised of a small group of less than ten
voluntary members. TENI is not only the national trans
organisation in Ireland but it is also one of the leading
trans rights organisations in Europe and internationally.
Advocacy is a fundamental tenet of TENI’s work and
they actively campaign and lobby for the immediate
introduction of inclusive and rights-based legal gender
recognition. TENI’s advocacy is bolstered by high level
education and awareness raising work.
In 2013, TENI conducted 65 trainings on trans issues to
nearly 3,000 people working in the field of healthcare,
education and employment. Last year TENI published
groundbreaking research on the mental health of
trans people in Ireland.12 TENI has also published two
landmark books.13 TENI continues to works closely with
trans individuals and groups across the country. This
includes the coordination of the Trans Group Alliance
Ireland (TGAI), a network of trans peer support groups
across the island and TransParenCI, a support group for
the parents and families of trans people. These groups
are key to empowering the trans community to engage
with local and national media to raise public awareness.
In 2012, TENI hosted the 4th European Transgender
Council, the largest trans conference in Europe
and launched the Recognition Now campaign. The
8
12 Transgender Equality Network Ireland (2013). “Speaking from the Margins: Trans
Mental Health and Wellbeing in Ireland.”
13 Touching the Surface: Trans Voices in Ireland (2012) and Equality & Identity:
Transgender and Intersex Experience in Ireland (2013).
campaign was designed to empower trans people
and allies to actively advocate for the immediate
introduction of inclusive gender recognition legislation
that is grounded in a rights-based model. The Act
Now campaign was developed as a mini campaign
and subset to the Recognition Now campaign. It
was launched in April 2013 as a response to further
delays to the introduction of legislation. The campaign
mobilised the trans community and human rights
allies within Ireland and abroad to exert pressure on
the Government through a letter writing campaign.
The Government issued a draft Heads of Bill before the
Summer Closing of the Dáil which was three months
ahead of schedule. Respondents in the evaluation
note that this was a result of TENI’s advocacy work
and testament to the success of the first year of the
Recognition Now campaign.
Organisational Development & Governance
TENI seem to be getting bigger and better and there’s a
professionalisation of the organisation and I think you
feel if TENI are involved then you know it’s in good hands
(Trans community member).
TENI’s operations focus on four key strands:
1. Support: aimed at both trans people and their
friends and families. This includes developing
resources, information and opportunities for
peer support and safe spaces, and providing social,
emotional and practical supports.
2. Education: aimed at targeting second and third
level education sectors, employers, and the LGBT
community itself, to raise the level of understanding
and acceptance of trans people in these
environments.
3. Capacity Building: aimed at organisations that do
not currently have a specific focus on providing
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to the needs of trans people. This includes those
within the broad spectrum of health, human
rights and equality, as well as working with LGB/T
organisations.
4. Advocacy: aimed at advocating across legal, medical,
societal and political systems to ensure that policy
development and legislative reform reflect the
positive recognition of gender diversity.
TENI’s governance is provided by a voluntary Board
consisting of thirteen members who are elected for
a three-year term at TENI’s General Assembly. TENI’s
operations are led by the Chief Executive, Broden
Giambrone (F/T) who has been in this role for three
years. In 2013, TENI’s work was undertaken by the
Campaigns and Advocacy Manager, Orlaith O’Sullivan
(P/T), Health and Education Officer, Vanessa Lacey
(F/T), Executive Administrator, Ben Power (Intern)
and a significant number of volunteers. Community
engagement is an essential part of TENI’s identity
and their mandate is based on a membership body
that elects the Board and is involved in the long-term
strategic planning.
The evaluation showed that TENI continue to establish
strong organisational and governance systems which
enable the organisation to negotiate challenges that
occur. Interviewees spoke to the strong, committed
and skilled Board that is in place and their continued
dedication to improving the governance systems in line
with current legislation and best practice. Interviewees
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approachability, professionalism and commitment:
I have always found everybody in TENI incredibly
positive people, clear in what they want and professional
(Senator).
My general impression is that they’re a very easy
organisation to work with and very positive…I found
Broden fantastic, talking me through it all and just kind
of making sure I didn’t feel awkward about not knowing
everything (Senator).
I would see Broden as a role model, he doesn’t talk about
being trans the whole time but he doesn’t hide it either
which is the place I’d love to get to, being able to talk about
being trans is one thing, but people knowing that you’re
trans and not having to talk about it is the perfect way of
being (Trans community member).
The Chief Executive’s leadership has enabled TENI to
take on an ambitious advocacy approach which has
contributed greatly to TENI’s strong political reputation.
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been significant in establishing TENI’s organisational
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own personal empowerment and growth in the past
year and the experiences for personal development
TENI has facilitated:
I’ve had experiences through working with TENI that I
would never have had otherwise. I’ve been into Leinster
house for meetings with politicians. If you’d have told me a
year ago that’s what I was going to be doing this time next
year, if you’d told me a year ago I would have been in the
Áras talking to the President about gender recognition I
would have laughed at you. From a personal point of view
I’ve had so many opportunities through TENI to learn so
much and become so much more active in the community
(TENI staff member).
Feedback from respondents showed a consensus that
having professional, highly skilled and well-respected
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pressures due to limited resources, heavy workloads,
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inconsistency of funding. This has caused a strain on
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of the Board Chair and members. Despite these
constraints, interviewees noted TENI’s professionalism
and ability to use their resources efficiently.
I think in the last year the focus has probably been much
more professional, it’s been much more direct and I
think part of that has to do with the Recognition Now
campaign. For instance, I think because we looked at it in
the early part of the year, what the focus should be and
how we would focus our energies. We are limited as to
what we can do, we are limited to the funding we have
and we’re limited to the number of people we have and I
think that in the last year and a half it’s been another step
up and I think hopefully this year will be another step up
again (TENI Board member).
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trust and strong relationships with the trans community
and are seen as role models for volunteers and activists:
9
I always admired their commitment, their passion and
their professionalism. I was delighted to see things put
onto more solid footing with the additional funding and
I think that they have used those resources very smartly
in order to keep the issue of trans rights and the lack of
legislation to the fore and as well as other issues related to
personal development within an educational and social
context (Senator).
The evaluation clearly found that a key reason for
TENI’s considerable successes with gender recognition
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at certain points in 2013, TENI were unsure due to
funding constraints, whether or not they would be
able to continue into 2014. This would have irrevocable
damages for the trans community, as the evaluation
clearly showed that no other organisation could have
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Ireland as TENI have done.
10
TENI’S Key Objectives for the Recognition Now Campaign
I think TENI’s gender recognition campaigns (Recognition
Now and Act Now) have been extremely successful so
far. I think that TENI, under the extraordinary leadership
of Broden (Chief Executive) and the team, have become
extremely skilled advocates and lobbyists (LGBT NGO
Representative).
As set out in Section 1, the Recognition
Now campaign sought to work towards
the immediate introduction of gender
recognition legislation that is inclusive,
progressive and marriage-friendly and
is grounded in a rights-based model. This project was
positioned to facilitate Ireland to become the European
best-practice case in the area of trans human rights. The
Recognition Now campaign had five key objectives:
1. Advocate for the introduction of legislation that is
2. Empower the trans community and our LGBT/
Human Rights allies to advocate on these issues and
be involved in change making.
3. Educate and raise awareness within greater society
to change the “hearts and minds” of Irish people so
that trans rights are recognised as human rights. This
will galvanise public opinion to support advocacy.
4. Remove the requirement criteria of forced divorce
and diagnosis from the proposed legislation.
5. Ensure that Ireland introduces best-practice gender
The campaign also had a range of longer-term
outcomes:
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legislation that is based on self-identification and
self-determination.
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media.
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people by the LGBT community.
people by mainstream Irish society.
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actively engaged in the promotion of their rights.
The evaluation focusses on each objective and the
longer-term outcomes. It is important to note that TENI
achieved a greater number of outcomes than detailed
in the initial OSF application. The evaluation will look at
the listed outcomes as well as additional outcomes as a
result of the campaign.
Furthermore in the initial grant application there was
an overlap of outcomes per each objective. Therefore at
points there is a natural repetition. TENI should consider
including less broad and more specific outcomes for
future applications. This would also allow for objectives
and outcomes that are more easily measurable in the
future.
11
Objective 1: Advocate for the introduction of legislation that is
12
In 2013, two Irish Private Members’ Bills emerged
in reaction to the Government’s lack of movement
on gender recognition. Locally, these provided
counter proposals to the subsequently published
Government position, a Heads of Government Bill. This
section discusses TENI’s role in advocating for bestpractice, inclusive gender recognition based on selfidentification and self-determination.
LGBT Lawyers Association. This group was tasked with
reviewing and drafting a progressive and inclusive legal
gender recognition bill. Instead of simply critiquing
the proposed recommendations, TENI concentrated
on developing a best practice Bill that was grounded
in a human rights framework, with a focus on selfidentification and self-determination that protected the
dignity and privacy of trans people.
Proposed Outcomes:
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legislation that is based on self-identification and
self-determination.
In May 2012, the Argentine Congress passed the
Gender Identity Bill which was widely hailed as the
most progressive gender identity law in history. This
Bill enshrined the self-determination of trans people
and did not require surgery or a diagnosis of a mental
disorder in order for a trans person to be legally
recognised. There was also no requirement for divorce.
The introduction of the law provided an international
precedent that could be adapted into the Irish context.
External Background to Gender Recognition Private
Members’ Bills
In 2011, TENI created the Legal Gender Recognition
Working Group in response to the Irish Government’s
Gender Recognition Advisory Group’s (GRAG) report.
The GRAG’s proposals for legislation were largely
derived from the 2004 UK Gender Recognition Act
and outlined a problematic framework that would
force married people to divorce before they could
gain legal recognition of their gender, and would
require applicants to have a diagnosis of a mental
disorder. The proposed framework also excluded
intersex people. The Legal Gender Recognition Working
Group consisted of independent legal experts with an
interest in human rights law alongside legal experts
from organisation’s such as; Free Legal Advice Centres
(FLAC), Irish Council of Civil Liberties (ICCL) and the
The Private Members’ Bills
In May 2013 Deputy Aengus Ó Snodaigh Sinn Féin
TD published a Private Members’ Bill for Gender
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based approach for the legal recognition of trans
people in Ireland. This Bill was based on the Argentine
model. Speaking at the launch of the Bill Aengus Ó
Snodaigh TD emphasized the importance of legislation
that was based on self-identification and selfdetermination and spoke to the lack of movement by
the Irish Government stating:
If this Bill is passed it would position Ireland as a leader
on the world stage in terms of progressing transgender
rights. This is a human rights issue, and it shouldn’t be
hampered by bureaucratic hurdles. It is important that
people are not forced to undergo any kind of surgery or
be diagnosed with a mental illness in order to have their
gender recognised. This Bill will ensure that everyone has a
right to legal recognition of their self-identified gender and
be issued with official documentation to recognise this.
TENI worked in an advisory capacity to Deputy Ó
Snodaigh during the process of drafting the Bill by
providing resources and advice on the wording of the
Bill.
The evaluation found that through TENI’s lobbying,
politicians were encouraged to take a leadership role
in this field which culminated with a second Private
Members’ Bill being published in June.
Senator Katherine Zappone, supported by Senators
Jillian Van Turnhout and Senator Fiach Mac Conghail,
introduced the Legal Recognition of Gender Bill 2013
into the Seanad on June 28th. This bill focused on selfdetermination and inclusivity and was another example
of best practice gender recognition legislation. To
develop this Bill, the Gender Recognition Legal Working
Group was reconvened and a unique collaboration
was facilitated by the Public Interest Law Alliance
(PILA) between Senator Katherine Zappone, TENI, FLAC
and David Dodd BL. At the core of this Bill was heavy
engagement with the trans community. At the launch
of the Bill Senator Zappone stated:
I am delighted to have the support of the transgender
community for this Bill. Lydia Foy bravely took the legal
route, won her case but has been waiting 6 years for a
gender recognition law. We cannot delay any longer.
TENI successfully worked on communicating the needs
of the trans community into the appropriate legislative
language by the legal team. One interviewee who
spoke at the Press Conference for the launch of Senator
Zappone’s Bill, expressed what a significant moment it
was for him and his family:
I was really excited and I know my dad was the same,
especially because my dad has gotten so involved
recently. To be honest I was so honoured to be asked in
the first place. I speak in UCD [University College Dublin]
itself about trans issues, so speaking in front of people
that might be able to further my rights as an individual
and make an impact on, whether that’s emotionally or
politically, was just a great opportunity. I really, really
enjoyed it (Trans community member).
In 2013 TENI had 25 official meetings with individual
politicians from all parties. The launch of both Bills
within a year illustrated TENI’s cross party support.
Interviewees speak of this support and to TENI’s skilled
and strategic lobbying:
There has been a great lobbying team at TENI – Orlaith,
Vanessa, Ben – all worked very hard to establish
relationships with politicians across the political spectrum.
There was an emphasis on building positive working
relationships based on good communication and the
exchange of knowledge, information and personal
experience (TENI staff member).
13
The cross party support has been incredible, Sinn Féin
came out of nowhere they wanted to do a really strong
human rights bill. They were very interested in having our
support and the trans communities stamp of approval in
terms of the language and were very open to altering it.
Senator Zappone wanted something that was grounded
in the community but she also wanted something that
was very practical (TENI staff member).
Objective summary
Although 2013 saw two Private Members’ Bills being
published, TENI’s main outcome of a Seanad debate
on gender recognition did not occur. On June 27th
2012, Senator Katherine Zappone asked the leader
of the Seanad to request that the Minister for Social
Protection would come before the House for a debate
on the progress of gender recognition legislation.
However the debate has been delayed indefinitely by
the Government. The Chief Executive feels this was due
to the de-prioritisation of gender recognition in general
and a lack of political will. He stated that:
The Seanad debate was to be an opportunity to have
gender recognition discussed by politicians. We felt that it
was important to get this on their radar and would make
the Minister accountable to her colleagues.
However, despite this outcome not being achieved the
hearings at the Oireachtas Committee on Education
and Social Protection which were held in October 2013,
served a similar purpose and are discussed in more
detail further in the evaluation.
14
Objective 2: Empower the trans community and our LGBT / Human
Rights allies to advocate on these issues and be involved in change
making.
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Champions, alliance building, lobbying, publications
BOEFWFOUTBTFòFDUJWFUPPMTGPSFNQPXFSNFOUBOE
change making within the trans community and in
partnership with LGBT/Human Rights allies.
Proposed Outcomes:
t 5SBOT$IBNQJPOTBDUJWFMZFOHBHFJOMPDBMBOE
OBUJPOBMNFEJBBOEFòFDUJWFVUJMJTBUJPOPGTPDJBM
media.
people by the LGBT community.
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actively engaged in the promotion of their rights.
The empowerment of the trans community and LGBT/
Human Rights allies to advocate for gender recognition
was a key challenge for TENI. Feedback to the
evaluation showed how successful TENI had been in not
only working with the LGB sector but with mainstream
Irish society. One interviewee noted:
I think there’s now a much broader understanding of trans
issues and there’s much more positive role models and
more people willing to stand up and not just trans people
themselves but also allies, families and friends. I think this
took a huge leap last year (Trans community member).
Capacity Building in the Trans Community
5IFFWBMVBUJPOJOEJDBUFTUIBU5&/*FòFDUJWFMZNBOBHFE
the dual roles of undertaking national advocacy
campaigns and providing local community-based
support and education. Respondents stated the
importance of TENI’s connection to the community and
their successes at being the central organisation for
providing support for trans people and their families in
Ireland:
I have found TENI so helpful and I’ve gotten replies within
ten minutes. It’s great how in the community TENI is. It’s
not as if TENI is this thing over there, TENI is kind of like
the people you know and everyone kind of knows one
another in the trans community anyway. TENI is definitely
somewhere you could go without thinking twice (Trans
community member).
TENI continue to develop pathways for volunteers to
actively engage in the gender recognition campaign.
These volunteers can receive facilitation training and
then become facilitators themselves, passing on that
knowledge and awareness:
TENI gave me my information and TENI gave Alex14 their
information, TENI has brought us on, and has got us to
bring on the college. Any workshop I give I reference TENI
(Trans community member).
14 Name changed for confidentiality purposes.
15
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struggled to meet the growing demand for workshops
on gender recognition. It is therefore important that
TENI continue to facilitate the training up of volunteers
to deliver workshops when they are unable to.
Capacity Building in the LGBT Sector and Human
Rights allies
Feedback from the evaluation clearly indicates that TENI
has successfully worked in partnership with community
and voluntary sector organisations. Furthermore
they have built alliances with human rights groups
and individuals in relation to advocating for gender
recognition. The responses point in particular to the
strengthening of partnerships prior to the Oireachtas
Committee on Education and Social Protection and
during that Committee process. One interviewee stated:
TENI and BeLonGTo have a very positive relationship
which became even closer this past year from working
together on submissions and presenting to the Oireachtas
Committee on Education and Social Protection (LGBT NGO
representative).
During the Committee process TENI worked closely
with human rights bodies, LGBT organisations and
legal experts on their submissions to the Committee to
ensure there was a consensus based approach on key
issues in the Government’s proposed bill. Interviewees
all spoke volumes to TENI’s success in this:
Overall I think the process itself was important it showed
the amount of work that was done by TENI specifically
over the last year, because not only were the presentations
cohesive, but everyone was coming together on the same
page (Trans community member).
I loved the consensus from the groups, the presentations
were as strong as they were ever going to be (TENI staff
member).
One of the things that came from the GRAG was that
different organisations were saying different things, there
was no consensus. Whereas this time round literally all
groups that were speaking came in and spoke and said
the exact same thing. TENI spoke and they said this is our
message and everyone else echoed it and said ‘as TENI
have said’ or ‘this is an elaboration on what TENI have
said’ (Trans community member).
Feedback to the evaluation illustrates how
concentrated TENI have been in working closely with
LGBT and human rights organisations. TENI uses
a human rights framework for its advocacy work
which has furthered their reach and secured partner
PSHBOJTBUJPOTXIJDIIBWFQSPWFEWFSZFòFDUJWFBMMJFT
16
One such example of this is TENI’s relationship with
Amnesty International Ireland. In April 2013, TENI
delivered a workshop about gender recognition and in
turn Amnesty International provided lobbying training
GPS5&/*TUBò#PBSEBOEWPMVOUFFST0OFJOUFSWJFXFF
noted the importance of this partnership with Amnesty
International:
Teaching on Recognition Now in Amnesty means that now
Amnesty have that as one of their strands for two years
which means all of the Amnesty activists are going to at
least have the opportunity to learn about it and go and
lobby about it. The ripple on effects and possibilities are
colossal (TENI staff member).
Furthermore, Amnesty International have just released
their report15 on legal gender recognition in Europe,
and are calling on Governments to introduce gender
recognition legislation without any criteria related
to medical treatment or relationship status. Through
their alliance building TENI have successfully become a
leader in their field and have raised the capacity of LGBT
organisations and human rights organisations in the
XJEFSDPNNVOJUZBOEWPMVOUBSZTFDUPSTUPFòFDUJWFMZ
and knowledgably address trans issues and work with
trans people. TENI has developed a number of key
partnerships working in the areas of rights advocacy
and legislative change including FLAC, ICCL and
Amnesty International. TENI has also worked closely
with key statutory organisations, particularly the Health
Service Executive (HSE). Furthermore TENI have secured
successful partnerships with politicians through
MPCCZJOH5&/*TUBòIBWFEFWFMPQFEWFSZQPTJUJWF
partnerships across these sectors and developed
a reputation for their professional and supportive
approach and for being easy to engage with, as
captured in the following quotes:
What I see in the foreground is TENI’s leadership and
respect by other organisations and I certainly as a
politician if I was working on anything trans I would go to
them first (Senator).
As each year goes by more and more people are willing
to engage rather than just ask questions. Now people are
asking, so when is the next event I can go to, when are
TENI talking to the Ministers etc. a lot of people are more
aware of what is going on (TENI Board member).
Trans* Champion Programme
5IFEFWFMPQNFOUPGUIF5SBOT$IBNQJPOT1SPHSBNNF
began in January 2013 and was an ongoing process
throughout the year. The programme’s aim was to
identify key individuals who could champion gender
recognition and become spokespeople through
support and training. The programme aimed to include
15 Amnesty International (2014). “The State Decides Who I Am: Lack of
Legal Gender Recognition for Transgender People in Europe.”
BNJYPGQFSTPOTXJUIJOEJòFSFOU(PWFSONFOUBMBOE
organisational frameworks as well as trans individuals.
TENI’s approach was to tailor the ‘champion’ work
according to the strengths and interests of each person.
The evaluation found that the recruitment process of
UIF5SBOT$IBNQJPOTUPPLBMPOHFSQFSJPEPGUJNFUIBO
anticipated. This was in part due to the high workload
associated with the gender recognition campaigns
and the additional work that was involved in the
Committee on Education and Social Protection process,
which included developing a submission and working
closely with other groups to ensure a consensus based
approach.
Although the programme was not officially launched,
TENI decided to work closely with five individuals; Averil
Power (Senator), John Lyons (TD), Ben Power (TENI
TUBòNFNCFS
-PVJTF)BOOPO5&/*#PBSENFNCFS
and Andy Martin (Film and Media student). Each of
the champions have been directly involved with TENI
and have brought a unique set of skills and knowledge
to the gender recognition campaign. The following
are a short introduction to the champions and some
examples of what each champion has achieved for
gender recognition in 2013:
Louise Hannon is a TENI Board member and Co-Chair
of Labour LGBT. Louise lobbied to ensure a motion was
passed at the Labour Conference in 2013 calling on the
Government to respect the rights of young trans people
and ensure that Labour’s policies on gender recognition
are progressive and inclusive.
Andy Martin is a Film and Media student. Andy’s
championing focusses on gender recognition and trans
representation in the media. Andy is currently working
on a series of short films called HUMAN, which explore
diversity and LGBT rights. One of the films will be transspecific.
Averil Power is a Fianna Fáil Senator and an advocate
for equality. Averil worked closely with TENI during the
Committee on Education and Social Protection’s review
of the Gender Recognition Scheme. Averil has become
a vocal advocate for progressive legislation and works
within the Senate to educate her colleagues to support
the introduction of progressive and inclusive gender
recognition.
John Lyons is a Labour TD and addresses the
Government regularly on issues of equality, LGBT
rights and education. In March 2013 John launched
TENI’s publication Equality & Identity: Trans and Intersex
Experience in Ireland. TENI is currently working with John
to set up a cross party briefing with Labour TDs.
Ben Power is currently working at TENI on an internship
programme. Ben’s championing includes; delivering
workshops on gender recognition, lobbing politicians
and facilitating Trans Talk Tuesday. Following TENI’s
media training, Ben has become a media spokesperson
for inclusive gender recognition legislation and has
been interviewed by national radio stations. Ben has
also written articles on gender recognition that have
appeared in journals and print media.
17
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than expected and without an official launch, there
TFFNFEBMBDLPGNPNFOUVN'FFECBDLGSPN5&/*TUBò
in the evaluation, illustrated that TENI were aware of the
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and going forward into 2014 they hoped to address
these issues. For example TENI will host a public launch
of the Champion Programme and will continue to foster
an alliance amongst the champions. The Chief Executive
JTWFSZPQUJNJTUJDBCPVUXIBUIPMETGPSUIF5SBOT
Champion Programme:
The Trans* Champion Programme has the potential to
play a vital role for the trans community. This legislation
will affect real people’s real lives. In 2014, the Trans*
Champions Programme will be nurtured and developed to
ensue that it facilitates individuals to take a leadership role
as change makers in their communities and settings.
Community Forum
In September, TENI hosted a Community Forum for
the trans community and allies. The organisation had
held one in 2011 after the GRAG launched its report
and it provided the strategic foundations for the
Recognition Now campaign. In 2013, the Community
Forum provided an opportunity to share information
on the Government’s draft Heads of Bill and next steps.
5IFHPBMXBTUPPòFSBOPQFOGPSVNGPSLOPXMFEHF
exchange, discussion and a concerted community
response. As one interviewee stated, TENI held this
GPSVNJOBOFòPSUUPJOGPSNBOEFOHBHFNFNCFST
It’s very important that trans people are at the heart of
our campaigns. After all, this legislation is about making
trans people’s lives better. The Community Forum is one of
the ways that TENI can involve and engage trans people
and allies to become change-makers. We don’t just want
the trans community’s ‘buy-in’ – we need it (TENI staff
member).
This community engagement model is an integral
part of TENI’s ethos as a member-driven organisation.
However, the organisation did face challenges in
getting individuals actively involved:
The first Community Forum we held in 2011 was attended
by nearly 70 people. At the time, it was the largest event
TENI had ever hosted. However, the one we held in 2013
was less well attended with only about 40 people in
attendance. I think this was due to the fact that the first
one was at a key moment, a reaction to the GRAG’s report,
while the second one we held was a few months after
the Government published the draft Heads of Bill. We are
currently reviewing the timing of these events to ensure
maximum engagement and participation (TENI staff
member).
18
Talk Trans Tuesday
At TENI’s Community Forum, the organisation launched
their Talk Trans Tuesday’s initiative. This involved
opening the TENI office to the public from 5-7pm every
Tuesday to allow members of the community to come
in and get information about who their local TD’s and
Senators are and how to contact them at their clinics to
TQFBLBCPVUHFOEFSSFDPHOJUJPO5&/*PòFSTDPNNVOJUZ
support by providing the necessary information on
the key issues and by matching people from the same
constituencies up with ‘Advocacy Buddies’ for those
who would prefer not to speak to their representatives
alone. The evaluation found that although interviewees
believed it was a useful initiative, the clinics have been
relatively poorly attended:
There’s some weeks that no one shows up to Talk Trans
Tuesday and that’s fine but the most important thing is
that we host it and people know it’s there, because as
momentum catches it will become more popular. Also I
think it’s reassuring for people to know that we will run
Talk Trans Tuesday clinics until gender recognition comes
in (TENI staff member).
One of the main criticisms of Talk Trans Tuesday is the
location. If individuals are finishing work or coming
from college it is difficult to get there on time. TENI
are hoping to remedy this in 2014 and encourage
BUUFOEBODFCZCSJOHJOH5BML5SBOT5VFTEBZUPEJòFSFOU
locations.
Objective summary
The evaluation clearly found that TENI has taken
significant steps to achieve its objective of a heightened
awareness of trans people and their families across
key sectors of Irish society. Respondents noted
how successfully TENI worked in partnership with
community and voluntary sector organisations and
human rights groups and individuals in relation to
advocating for gender recognition. TENI’s strategic
focus on positive media representation for the trans
community has demonstrably heightened awareness
and understanding of trans people by Irish society.
However there are still huge barriers to work through.
Feedback to the evaluation suggests that TENI need to
continue their lobbying work with key political figures
BOEUIBUUIF5SBOT$IBNQJPO1SPHSBNNFJOQBSUJDVMBS
needs a clear approach about where it can add the
most value for 2014.
Objective 3: Educate and raise awareness within greater society to
change the “hearts and minds” of Irish people so that trans rights
are recognised as human rights. This will galvanise public opinion
to support advocacy.
In this section the evaluation looks at TENI’s increased
NFEJBQSFTFODFQVCMJDBUJPOTBOEFWFOUTBTFòFDUJWF
tools for awareness raising for gender recognition.
Proposed Outcomes:
t *ODSFBTFEQVCMJDBXBSFOFTTPGUIF3FDPHOJUJPO/PX
campaign.
Media Presence
2013 saw TENI establish an even stronger media
presence. Interviewees acknowledged the importance
of TENI’s Communications and Advocacy Officer in this
work and felt there had been a professionalisation of
TENI’s media profile:
In order to have the most recent information on how
the Irish media reports on trans issues, TENI utilise
Kantar Media which is a media monitoring service of
press and broadcast media in the Republic of Ireland
and Northern Ireland. This enables TENI to know exactly
when the Irish media reports on trans issues and to be
able to respond instantly if needed. In terms of gender
recognition, an analysis of all trans-related media in
2012 found that thirty-eight items related to gender
recognition. This media coverage was further analysed
as positive, neutral or negative: 68% was categorised
as neutral, 29% as positive and 3% as negative. In 2013,
media representation relating to gender recognition
increased to fifty-one items. In an analysis of 2013
media coverage on gender recognition only 51% were
neutral (down 17%), 41% as positive (up 12%) and 8%
negative (up 6%).
TENI has done a fantastic job since Broden arrived. Orlaith
[Campaigns & Advocacy Manager] was very sharp in
picking up what was needed in the media and avenues
that could be explored (Trans community member).
Table 1: Media Coverage of Gender Recognition
(2013 vs. 2012)
TENI’s relationship with the media has been
TUSFOHUIFOFECZNFEJBUSBJOJOHVOEFSUBLFOCZTUBò
BOEBOVNCFSPG#PBSENFNCFST0OF5&/*TUBò
member indicated how much their own sense of
empowerment and confidence in dealing with the
media had grown:
2013
2012
Positive
21
11
Neutral
26
26
4
1
51
38
Negative
Total
I definitely feel more empowered. I’ve learned an awful
lot through TENI and I’ve had media training. Now I’m far
more confident talking about the issues and have done a
lot of media interviews as a result (TENI staff member).
19
Furthermore the figures below illustrate the
development of TENI’s media strategy since 2012,
where TENI distributed seventeen press releases/
newsletter communications on gender recognition.
Figure 1 illustrates the relationship between TENI press
releases and media representation. As shown, there is
little relationship between press releases and resulting
media coverage. However, in 2013, TENI circulated
eighteen press releases/newsletter communications
on gender recognition. It is evident there was a higher
level of correlation between media coverage and
press communication which is illustrated in Figure 2.
In particular, the peak moments or media ‘hot spots’
occurred in July and October when TENI was engaging
with press at the highest levels. These highs can be
attributed to Senator Zappone’s Private Members Bill
in July and the Committee on Education and Social
Protection hearings in October.
Fig 1: Media and Gender Recognition in 2012
20
10
5
Media on Gender
Recognition
15
10
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ay
Ju
n
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l
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g
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pt
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t
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ar
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0
20
15
10
5
Media on Gender
Recognition
pt
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v
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Ju
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Ju
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ar
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TENI Press
Releases
In addition to the circulation of press releases TENI
has also successfully used social media, such as
Facebook and Twitter, to increase TENI’s profile and
raise awareness about trans issues. Since 2012, TENI’s
‘likes’ on Facebook have more than doubled from 1,448
in 2012 to 4,078 currently. TENI’s activity on Twitter
has also increased with their Twitter followers growing
from 1,154 in 2012 to 2,127 at present. Feedback from
the evaluation found that respondents felt social
media played a key role in both the Recognition Now
and Act Now campaigns and the issues, articles and
insights TENI shared on social media or the groups
they engaged with was very carefully and strategically
planned:
You can see the engagement so clearly and you can get
your event out there. I think social media has played a
crucial part (Trans community member).
If you go back to the first year, year and half of the
organisation as a professional organisation we really
didn’t use social media as effectively as we could have.
Now our posts and tweets are being shared worldwide
(TENI Board member and community member).
TENI have been really great on social media and I always
felt aware of exactly what was happening in relation to
gender recognition (Trans community member).
15
20
20
Fe
b
If you looked last year, there was a very clear focus that
nearly every single week there was some shift. There
was either a radio programme or a news programme or
somebody on the television or in Government talking
about trans issues. Out of fifty-two weeks in the year there
were very few that something wasn’t happening in the
trans community. (TENI Board member)
TENI Press
Releases
Fig 2: Media and Gender Recognition in 2013
Ja
n
There was a 30% increase from 2012 to 2013 of media
coverage relating to gender recognition. In July 2013,
there were sixteen media items alone, largely relating
to Senator Zappone’s Private Members’ Bill. This
represents a significant growth and is likely related
to increased visibility of trans issues in mainstream
society. It is difficult to measure the impact of positive
media representation and the reasons for the increase.
However drawing from the evaluation it is reasonable
to suggest that TENI has played a role in this change,
with one TENI Board member adding:
Media on Gender
Recognition
TENI Press
Releases
TENI has also developed key links with Transgender
Europe (TGEU), International Lesbian and Gay
Association Europe (ILGA), Global Action for
Transgender Equality (GATE) and AllOut.org. These
organisations provided integral resources and
support for the Recognition Now campaign through
research, legal expertise, networking opportunities
and galvanising public support to influence decisionmakers. For instance, TENI received significant support
GSPN5(&6PO5&/*T"DU/PXDBNQBJHO0OF5&/*TUBò
member adds:
You can see how our social media platform has grown
when you can see a lot of organisations that are taking
a lead from us, their tone has changed in terms of how
they do press releases now, they really look to us. TGEU
for example will use our wording a bit more and it’s
very interesting to see that they obviously believe in the
message we are getting across (TENI staff member).
These groups provide an important vehicle for
communicating successes and challenges of the
campaign to the international trans community. It
became clear from the evaluation that social media was
a crucial part of the Act Now campaign in particular. The
campaign mobilised the trans community and human
rights allies within Ireland and abroad to exert pressure
on the Irish Government after further delays in gender
Equality & Identity
In March 2013, TENI
published Equality &
Identity: Transgender &
Intersex Experience in
Ireland which explored
aspects of trans and
intersex life currently
in Ireland. The book
covered a range of
topics including
gender recognition,
health, education,
hate crimes, families
and employment.
Contributors to the
publication included
prominent human rights advocates and organisations
such as: Thomas Hammarberg (former Council of
Europe Commissioner for Human Rights), Dr Lydia Foy,
Colm O’Gorman (Amnesty International Ireland), Brian
Merriman (Equality Authority), Michael Farrell (FLAC), Dr
Fergus Ryan, Dr James Kelly, IntersexUK, Advocates for
Informed Choice and Transgender & Intersex Africa.
Deputy John Lyons TD launched the book in March with
over 150 people in attendance. Speaking at the launch,
Deputy Lyons stated:
[Equality & Identity] is about the voices that society
excludes constantly and the fact that our legislation as
it stands excludes constantly. It’s about hearing those
voices. It’s about saying that there is nothing wrong
with these people. These people are the same as anyone
else, are entitled to the same rights and standards of
life as everyone else as a citizen of this country which is
mentioned in Equality & Identity.
Feedback to the evaluation shows how significant this
publication was for the trans community and human
rights organisations. This was due to TENI’s clear ability
to embed trans rights in a human rights framework as
commented on by interviewees:
I think doing Equality and Identity with a very professional
human rights framework was really successful. I think the
community felt good when they realised how many other
professionals in Ireland are working on their behalf (TENI
staff member).
What was crucial was that it wasn’t just the trans
community saying here’s the problems, but we had civil
societies input too for example, Colm O’Gorman, ICCL and
Brian Merriman from the Equality Authority coming in and
supporting the trans community in Ireland (TENI Board
member).
There was a paradigm shift in terms of people feeling
less marginalised and small and I think Equality and
Identity did that but in a professional environment, so the
community realised how much actual work was going on.
Equality and Identity was a body of massive work that was
going on in Ireland, with a clear message that trans rights
were human rights (TENI staff member).
Equality and Identity was very professional, well presented
and put together and it has been a great tool for us as a
community (Trans community member).
The only criticism of the publication was the lack of a
barcode or ISBN number, which unfortunately limits
where it can be distributed and sold. It is however
available through their website and at TENI events and
is shared widely with other organisations and allies.
Awareness raising
Heightening awareness and understanding of trans
people by mainstream Irish society was a key challenge
for TENI. Feedback to the evaluation showed how
FòFDUJWF5&/*IBECFFOJOOPUPOMZXPSLJOHXJUIUIF
LGB sector but with mainstream Irish society and how
this work needs to be fostered. Respondents note the
gradual changes they see in Irish society:
21
A year ago people’s opinions on it [gender recognition]
are in many ways different to how they are now. I think
even trans people themselves have had some opinions
changed. People are getting more of an idea of what really
matters. But there’s still a lot of pre-conceived notions out
there and people need to continue to be educated (Trans
community member).
People have started to understand more about what’s
going on and people aren’t necessarily seeing things
as just black and white. They’re not seeing all trans
people as the one trans person they saw on a television
documentary once. Instead they see that trans people
are in everyday life, like working in the local shop (Trans
community member).
In November, in a landmark occasion, TENI were invited
to Áras an Uachtaráin to discuss trans rights. TENI’s
meeting with the President marks the first time that a
group has been invited by an Irish President to discuss
trans rights and equality. TENI Chair Sara Phillips noted
the significance of this event for trans activism:
This was a milestone for the trans community. President
Higgins was well-versed on our work, and we had a fruitful
conversation about our efforts to gain progressive Gender
Recognition legislation for Ireland. As a community that
has been marginalised and is still denied basic human
rights, being welcomed so warmly to Áras an Uachtaráin
gave us encouragement and support in our ongoing work.
TENI also saw the visit as an opportunity to remind
the President that Ireland is the last country in the EU
to legislate for trans recognition. The President was also
presented with a copy of Equality and Identity.
TENI continues to raise awareness of gender
SFDPHOJUJPOUISPVHIUIFJSXPSLTIPQTBOETUBòTUBUFE
that they notice a significant shift in terms of the types
of workshops they are being asked to deliver. The Chief
Executive notes that 2013 has seen a shift from Trans
101 workshops to workshops specifically related to
gender recognition. University College Cork (UCC), for
example contacted TENI and asked if they could be
involved in their LGBT Ally Week. What followed was a
letter writing campaign with over 500 letters written to
local politicians in relation to gender recognition.
Furthermore interviewees all spoke to how important
the personal stories from trans individuals were.
TENI sought to “change the hearts and minds” of Irish
society and feedback details the impact that radio and
television interviews and articles detailing what daily
life is like without gender recognition had on Irish
society:
22
The most powerful testimonies were people speaking
themselves about their own experiences. When you get
a person saying, ‘this is how it affects me’ it takes it out
of the theoretical and it brings it into empathy and then
people have to think, ‘oh god am I really going to stand in
the way of somebody else’s rights? What do I lose by giving
someone else what they’re looking for?’ (Senator).
It’s getting people to think about the daily realities, when
we have kids in talking to us and they’re saying that
everyday they get up and they put on a uniform that
they’re uncomfortable with. Then they have to go into
school and use a toilet they’re uncomfortable with. People
won’t call them by their proper name and every single
minute of their day is torture, just because we won’t give
them the recognition they need. People start to think this
could be their son or daughter (Senator).
Objective summary
The evaluation found that TENI has clearly worked
towards their objective to educate and raise awareness
within greater society to change the “hearts and minds”
of Irish people so that trans rights are recognised as
human rights. Respondents note the abilities of the
5&/*TUBòUPCVJMELFZQBSUOFSTIJQTBOEUIJTDPOUJOVFT
to heighten awareness and understanding of trans
people by mainstream Irish society. Now that capacity
has been raised and alliances established, feedback
points to the continued need for TENI to maintain
these relationships and commence with wider capacity
building in order to further build on the work they have
started in 2013.
Objective 4: Remove the requirement criteria of forced divorce and
diagnosis from the proposed legislation.
In October, TENI appeared before the Joint Oireachtas
Committee on Education and Social Protection to
discuss the General Scheme of the Government’s
Gender Recognition Bill or draft Heads of the Bill. As
highlighted previously TENI worked closely with human
rights bodies, LGBT organisations and legal experts
on their submissions to the Committee to ensure that
there was a consensus-based approach on key issues
in the Government’s proposed Bill. This section will
discuss two of the key recommendations made to the
Committee, which were to remove the diagnosis and
forced divorce requirements.
Proposed Outcomes:
t +PJOU0JSFBDIUBT$PNNJUUFFPO&EVDBUJPOBOE4PDJBM
Protection reviews the proposed legislation and
makes recommendations to remove the diagnosis
and divorce requirements.
t *ODSFBTFEVOEFSTUBOEJOHPGUIFOFFEGPSJODMVTJWF
progressive and marriage-friendly legislation within
all political parties.
Diagnosis requirements
The GRAG’s report recommended that gender
recognition legislation should include validation
criteria that consisted of a diagnosis of Gender Identity
Disorder (GID) and/or surgery. This recommendation
was largely derived from submissions from psychiatrists
and psychologists during the consultation phase. TENI
felt that the opinions of these medical experts carried
significant weight with the Department of Social
Protection. The organisation took a strategic decision to
seek support from international medical experts who
did not feel that diagnosis or surgeries were necessary
as a criterion for recognition. In May and June of 2013,
TENI approached several organisations and individuals
across the globe to address letters to the Department
of Social Protection suggesting a less medicalising and
pathologising approach.
The most significant of these organisations was the
World Professional Association of Transgender Health
(WPATH), founded in 1979, which consists of 650
physicians, mental health professionals, social scientists
and legal professional members who are engaged
JODMJOJDBMQSBDUJDFBOEPSSFTFBSDIUIBUBòFDUTUIF
lives of trans people. In June 2013 WPATH wrote to
the Department of Social Protection to urge them “to
eliminate barriers to full participation in society for
transgender and transsexual citizens.” They wrote:
Likewise, a diagnosis as a prerequisite to gender
validation can also serve to marginalise and/or stigmatise
transgender people unnecessarily. WPATH recognize that
living with gender variance is not a pathological state,
and that many transgender people are perfectly capable
of knowing who they are and living full, rewarding lives
without having a diagnostic label applied to them. We
have asserted that identity recognition should not be
withheld from such individuals.
23
With the support of Dave Scamell at OSF, TENI
also sought a support letter from the Callen-Lorde
Community Health Center. This health center, located in
New York City, provides medical treatment and clinical
care to the largest cohort of trans people in the US. Jay
Laudato, Executive Director, wrote to the Department:
[…]as your Government works to introduce
groundbreaking gender recognition legislation, it is
important that the law recognise the self-determinative
nature of gender identity and to depathologise it so as not
to continue the requirement of expert ‘evidence’ attesting
to the patient’s gender identity as a precondition to
seeking treatment.
Finally, TENI also asked for a letter of support from Open
Society Public Health Program, which works with civil
society organisations in ten countries in Europe on
public health policies and practices for trans people.
Representatives from the organisation wrote a letter
calling on:
The Irish Government to enact legislation that will ensure
transgender people have a process to have their affirmed
gender recognized under law, without having to go
through unnecessary and burdensome processes that may
negatively impact on their health and human rights.
They noted the importance of:
Creating a legal framework for gender recognition that
does not require an individual to be medically diagnosed
or have sought medical treatment, respects the health and
human rights of transgender people.
In addition to these organisations and professional
bodies, TENI received support from Dr Philip
Crowley, National Director Quality and Patient
Safety Directorate, who also submitted a letter to the
Department of Social Protection in May 2013, stating:
The HSE considers the emphasis in section 5.10 on medical
diagnosis, medical evidence and/or medical proof is
unduly restrictive to the applicant. The HSE posits that the
process of gender recognition fundamentally differs from
the medical treatment pathway for gender dysphoria and
that the current emphasis on intertwining the legal gender
recognition process with medical diagnosis and medical
evidence/certification is unnecessary and burdensome to
both the applicant and the state.
Forced divorce requirement
The forced divorce requirement was first proposed in
the GRAG’s report where they noted, “if a person in
an existing marriage or civil partnership succeeds in
having their changed gender recognised in law, then
24
the existing marriage becomes a ‘same-sex’ marriage
or the civil partnership becomes one between persons
of the opposite sex.”16 The report made the point that,
“same-sex marriage is currently not provided for in Irish
law and, as such, any attempt to legislate for samesex marriage would be vulnerable to constitutional
challenge.” TENI worked with a variety of legal experts
who promoted a strong and legally robust case for
excluding the single criteria in the scheme to ensure
that married and civilly partnered individuals would be
entitled to avail of legal recognition. This was notable
in the testimony given by Dr Tanya Ní Mhuirthile to the
Fine Gael Committee on Justice, Equality and Defence
in May:
The GRAG propose that all applicants for gender
recognition must be single. Therefore, the scheme would
require someone who married in their original gender,
subsequently transitioned and remained happily married
to divorce their spouse prior to seeking recognition. We
argue, this is constitutionally unsound and a potential
violation of the Constitutional protection of the marital
family under Article 41.3.1. It is also doubtful whether a
divorce could ever be legally granted to such a couple
given that the marriage has not irretrievably broken
down without reasonable prospect of reconciliation. In
addition, it is important to remember that adopting such
a requirement for trans people, also negatively impacts
upon their supportive spouses and children and their right
to remain within a Constitutionally protected marital
family. 17
Despite this advocacy work, the single requirement
was written into the General Scheme for Gender
Recognition. At the launch of the Government’s Bill in
July, the Minister for Social Protection highlighted the
difficulties of the single requirement but stated it was a
constitutional matter:
I understand that this will be disappointing for the small
number of transgender persons concerned who are
already married and wish to remain married while having
their changed gender recognised. The Constitutional
prohibition on same-sex marriage represents a significant
difficulty in this regard. However, I believe it is more
sensible at this point to await the Government’s response
on the Constitutional Convention recommendations, as
a referendum on same-sex marriage, if approved by the
public, would remove this obstacle and the legislation
could be widened to include married people. Prior to such
a referendum, there is no simple legislative solution to this
issue that can be guaranteed to be constitutionally robust,
and I want to legislate now for the majority of the people
affected, who are single.18
16 Gender Recognition Advisory group (GRAG) report, p.29 & 30: http://www.welfare.
ie/en/Pages/Report-of-the-Gender-Recognition-Advisory-Group.aspx
17 TENI Presents to Fine Gael Committee on Justice, Equality & Defence: http://www.
teni.ie/teni_presents_to_fine_gael_committee_on_justice_equality__defence
18 Bill will provide for State recognition of the acquired gender of transgender people:
https://www.welfare.ie/en/pressoffice/Pages/pr170713.aspx
During the hearings of the Committee on Education
and Social Protection19, TENI’s engagement with
politicians was apparent not only in the types of
questions that were being asked, but also by the correct
language and increased understanding and support for
inclusive marriage-friendly legislation being shown:
A very strong case has been presented on the various
issues, but especially on the fact that the forced divorce
provisions are not only legally unnecessary but could be in
breach of the Constitution and the European Convention
on Human Rights, ECHR. I read Dr Fergus Ryan’s paper
in advance of the meeting and we discussed the issue
(Senator Averil Power).
It is clear that the requirement to divorce in order to have
access to gender preference is not constitutionally sound
(Deputy Joan Collins).
I also met Mr. Broden Giambrone from TENI, last week and
I must commend him on a comprehensive discussion and
provision of background information into the education
issue for me. I am familiar with some of the points raised
about the problems with annulment and divorce in this
area and agree this is a significant issue involving what is a
sad situation for many people. Like my colleagues, I believe
this to be an area in which the joint committee can work
to improve matters by discussing it and tweaking those
things that must be done in this regard (Senator Mary
Moran).
Objective Summary
TENI continue to dynamically work through challenges
and obstacles they face. Not content with the GRAG’s
recommendations, TENI showed initiative and sought
medical expertise from those who did not feel that
diagnosis or surgeries were a necessary criterion for
recognition. Despite the Government’s insistence of
Constitutional impediments to the legal recognition of
trans people who are married or in civil partnerships,
TENI has worked with a variety of legal experts and
politicians to ensure that this issue continues to be
highlighted and challenged. Nonetheless, it is likely
that this will not be resolved until Ireland holds a
referendum on same-sex marriage, currently scheduled
for 2015. The international support, shown towards
TENI speaks volumes in terms of how well-respected
an organisation they are. Feedback to the evaluation
shows, as mirrored in the statements from politicians
present in the Committee on Education and Social
Protection, that there is increased understanding and
support for legislation that provides for marriagefriendly legislation within political parties.
19 First day transcriptions of hearings available here: http://oireachtasdebates.
oireachtas.ie/Debates%20Authoring/DebatesWebPack.nsf/committeetakes/
EDJ2013102300003?opendocument#
Second day transcriptions of hearings available here:
http://oireachtasdebates.oireachtas.ie/Debates%20Authoring/DebatesWebPack.nsf/
committeetakes/EDJ2013102400003?opendocument#B00100
25
Objective 5: Ensure that Ireland introduces best practice gender
High quality reports and materials that are well
researched and legally robust have been a cornerstone
of TENI’s lobbying strategy. This final section
discusses these resources in conjunction with other
organisational bodies and individuals TENI has worked
with, to ensure that the Irish Government introduces
gender recognition that is inclusive and in line with
current legislation and best practice.
Proposed Outcomes:
t )JHIRVBMJUZQPMJDZEPDVNFOUBOEESBGUMFHJTMBUJPO
t 5IFFYQFDUFEPVUDPNFPGUIF3FDPHOJUJPO/PX
campaign is the introduction of gender recognition
legislation that is inclusive, progressive and
marriage-friendly and firmly grounded in a rightsbased model.
It has been essential for TENI to ensure that there
are advocacy resources which are plainly written,
accessible to a wide audience and grounded in best
practice human rights frameworks. For instance, during
the Committee process it was highlighted by one
participant:
26
It was so validating to see politicians reviewing the policy
brief we had provided them with during the Committee’s
review of the gender recognition scheme. I remember
looking down from the gallery and seeing several
individuals flipping through the information pack we had
given them and asking questions directly in relation to
the issues that were raised in those materials (TENI staff
member).
The creation of best practice draft legislation was also
of strategic significance to TENI. As one respondent
noted:
It’s easy to critique the Government’s inaction and even
easier to criticise a Bill. However, it was important to us
that we could provide a framework for legislation that preemptively addressed the legislator’s concerns. It’s easy to
criticise but much more challenging to provide viable and
robust solutions (TENI staff member).
The development of two Private Members’ Bills
provided an opportunity for TENI to directly engage
with supportive politicians and become a part of the
legislative process. It illustrated that TENI was not only
willing to be a partner in the creation of legislation but
that the organisation had the appropriate knowledge
and expertise to actively contribute to this process.
Despite the fact that it is unlikely that either Private
Members’ Bill will become legislation, both stand as
good practice examples to which the Government’s
legislation will be compared.
In August 2013, TENI submitted a report to the Country
Report Task Forces of the United Nations (UN) Human
Rights Committee on the occasion of its compiling
a List of Issues on Ireland’s implementation of the
International Covenant on Civil and Political Rights
(ICCPR) at the 109th session taking place in Geneva,
Switzerland, during October and November, 2013.
The purpose of the report was to highlight the serious
human rights violations which individuals in Ireland
experience on the basis of their gender identity and
intersex identity. The report highlighted how the failure
to issue new birth certificates was a violation of Articles
2, 3, 16 and 26 of the Covenant and had a number of
negative consequences for the trans community in
Ireland. In November, the Human Rights Committee
asked the State to “provide detailed information on the
steps taken to issue birth certificates to transgendered
persons and how transgender organisations have been
included in such process, including in relation to the
Gender Recognition Bill.” This was important as it not
only acknowledged the State’s inaction on this issue but
also highlighted the engagement and participation of
trans organisations in this process.
TENI was also actively engaged in the UN Universal
Periodic Review (UPR) of Ireland that began in 2011,
with a mid-term report forthcoming in 2014. The
utilisation of human rights bodies to exert international
and European pressure on Ireland to conform to human
rights standards was viewed by TENI as part of a multipronged advocacy strategy. As one respondent said:
TENI works to exert pressure domestically; we work from
the bottom-up by advocating for legislation that reflects
the needs of the Irish trans community. However, there is
also real value in utilising human rights mechanisms to
shine a critical light on what is happening here. Ireland
takes pride in its human rights record and we need the
Government to be held accountable to this human rights
issue. The ICCPR and the UN UPR are two ways in which
we can do this in conjunction with our work on a national
level (TENI staff member).
TENI’s involvement with key influential bodies
In addition to TENI’s advocacy work which has
put domestic and international pressure on the
Government to act, there has been notable support
from key bodies affiliated with the Government. In
October 2013, the Ombudsman for Children’s Office
provided advice to the Government on the Gender
Recognition Scheme.20 The Minister for Social Protection
had sought the Ombudsman for Children’s views
on the issue of making provision for young people
under the age of 18 within the scope of the gender
recognition legislation. Upon review of the legislation,
the Ombudsman for Children’s Office suggested that
the approach taken in relation to young people under
the age of 18 in the forthcoming gender recognition
legislation should be altered. The OCO’s advice clearly
stated that:
Maintaining an absolute exclusion on young people or
their parents seeking a Gender Recognition Certificate is a
disproportionate interference with young people’s right to
gender recognition.
20 Report available here: http://www.oco.ie/publications/policy.html
This reality is placed in stark relief by the variety of
situations in which young people or their parents might in
fact seek a Gender Recognition Certificate.
In September 2013, The Equality Authority, an
independent body set up under the Employment
Equality Act 1998, made preliminary observations in
their Submission21 to the Committee on Education
and Social Protection. In this submission, the Equality
Authority highlighted the same issues that were raised
by TENI, other civil society organisations and the Irish
Human Rights Commission: medical certification,
age and the single requirement. With reference to
the medical certification, they suggested, “that the
presence or absence of such medical certification
should not be considered absolutely conclusive where
an application is made for legal gender recognition.”
With regards to age, the Equality Authority suggested
that amendments be made to “allow a young person
– in consultation with and with the consent of his
or her parents or guardians – to access legal gender
recognition.” With regards to the single requirement,
the Equality Authority stated, “[applicants] should be
permitted to apply for gender recognition regardless
of civil status or marital status. The dissolution or
annulment of a marriage or civil partnership should not
be required as a pre-condition to legal recognition.”
In November 2013, the Irish Human Rights Commission
(IHRC), Ireland’s National Human Rights Institution,
provided observations on the general scheme of the
Gender Recognition Bill 2013.22 The IHRC welcomed the
fact that the Government was proposing to legislate
to bring Ireland’s laws into line with the requirements
of Article 8 of the ECHR. Nonetheless, the IHRC stated
that “there remain areas where it may not fully meet the
human rights standards applicable to the protection
of transgender persons.” Furthermore, they expressed
concern that “certain restrictions on access to gender
recognition for transgender persons in the General
Scheme of Gender Recognition Bill, 2013, may unduly
exclude certain individuals from the recognition
provided under the system.” The IHRC called on the
Minister for Social Protection to amend certain aspects
of the scheme to ensure it was in full compliance
with relevant human rights standards including age
threshold, requirement to be single and medical
certification.
In addition to the important contributions of the
above quasi-Governmental bodies, support for
inclusive and rights based gender recognition
legislation has also come from high levels within the
Health Service Executive (HSE). In particular, there
has been acknowledgment for the need to separate
21 Report can be found here: http://www.oireachtas.ie/parliament/media/
committees/educationandsocialprotection/Equality-Authority-Submission.docx.
22 Press release available here: http://www.ihrc.ie/newsevents/press/2013/11/25/ihrccalls-for-amendments-to-proposed-gender-recog/
27
legal pathways for gender recognition from medical
treatment. Dr Philip Crowley, National Director of
Quality and Patient Safety with the HSE, stated in a July
meeting of the Joint Oireachtas Committee on Health
and Children:
The HSE endorses a gender recognition process which
places the responsibility for self-declaration on the
applicant rather than on the details of a medical certificate
or diagnosis. In doing so, the emphasis is placed on the
process of legal recognition of that self-declaration as
opposed to the legal recognition of the medical certificate
and/or diagnosis. The HSE considers that this process
would be simpler, fairer and, most importantly, pragmatic.
It would certainly be easier to legislate for because it takes
account of both transgender and intersex people with
differing backgrounds and contexts.
Dr Philip Crowley also addressed the Committee on
Education and Social Protection in October 2013 and
re-iterated his support for separating legal recognition
from medical treatment:
On the requirement to have a medical certificate of
validation, however, I must listen to those subject to
this legislation. They feel this is an obstacle and could
lead to potential politicisation which is a development
I would certainly not support. We seek to normalise this
community’s experience and reduce any psychological
harm. I would not be in favour of anything that went
contrary to that […] There is a distinction between
medical treatment, some of which is irreversible, and the
recognition of someone’s gender. It behoves the health
service to ensure irreversible decisions are not taken if
there is any ambiguity in care.
Objective summary
The support from the above bodies and organisations
illustrates how committed TENI are to ensuring that
Ireland introduces gender recognition that is inclusive,
progressive and marriage-friendly and firmly grounded
in a rights-based model. It was clear to the evaluator
that although Ireland has not yet introduced gender
recognition, TENI have built up support from the
community and key human rights organisations. Going
forward in 2014 TENI are confident they have put in
28
place the foundations for a targeted and strategic
campaign. Despite some of the challenges TENI has
faced in terms of gender recognition, the evaluation
found that their actions in a variety of outcomes
have impacted the legislative process. The feedback
clearly articulated by allies is that, had there been no
Recognition Now Campaign, then gender recognition
legislation would not have progressed as far as it has.
Conclusions
I remember when I was younger, if there was even a LGB
society there certainly wasn’t a T at the end of it. People
now feel more able and confident to talk about trans
rights and that’s because of TENI, because they know
they have somewhere to go if they have any questions.
I feel a lot more comfortable to talk to my family and
friends because I’ve had those conversations with TENI
and they’ve empowered me and others to do so (Trans
community member).
TENI has worked tirelessly to achieve the objectives
and outcomes, as set out in their original application.
Although 2013 has been hugely successful for TENI
in terms of gender recognition they have faced many
challenges both internally and externally.
Internally, TENI continue to struggle financially. The
lack of sustainable core funding and limited project
funding leaves the organisation in a vulnerable position
of continuously looking for funding on a yearly basis
and concentrating resources in this area. Securing
additional funding would allow TENI to concentrate on
advocacy and relieve some of the internal pressures
that limit the organisation’s efficacy. More funding
would open up the possibility of a widespread national
campaign, focus attention on building and sustaining
relationships with politicians and partner organisations
and continue to build capacity within the trans
community and among allies.
Externally, the greatest challenge to the Recognition
Now campaign has been the ongoing delays by the
Irish Government to introduce legislation. Furthermore
the Government are slow to act upon actions they
have committed to, for example the Seanad debate.
Political apathy and a reluctance to engage with
minority groups are further factors that respondents
note were problematic for the progress of gender
recognition. These delays however have allowed TENI
to develop their relationships with key allies within the
Government through communication, trust building
and knowledge exchange. This has meant there has
been an increase in the number of politicians who are
willing and able to speak out publically in favour of
inclusive gender recognition. The evaluation also found
that TENI need to be reaching more politicians outside
of Dublin. The engagement of trans people and allies
in this process would also yield additional benefits
as constituents speaking to politicians would have a
positive impact on the legislative process.
TENI has successfully utilised old and new media forms,
including social media, print media and broadcast
media. Nonetheless, it has been suggested that the
Recognition Now campaign could have benefited
from further visibility. For example a more targeted
national awareness campaign throughout Ireland (i.e.
bus shelter posters, billboards, etc.). This would allow
for even greater awareness raising and visibility in
the wider Irish society. Again financially, TENI are not
equipped to engage with this level of campaigning.
29
If further funding was made available this might be
something TENI could consider for 2014.
*OUFSNTPGUIF5&/*TUBòSFTQPOEFOUTDPOTJTUFOUMZ
noted that the individuals working in and with TENI
IBWFCFFOUIFLFZUPJUTTVDDFTT5IFTUBòIBTQSPWFO
to be positive role models who are deeply dedicated
to the community and at all times professional. They
IBWFCFFOFòFDUJWFMZMFECZB#PBSEDPNNJUUFEUPUIF
organisation’s success.
Overall the evaluation found that TENI has become
BOFòFDUJWFBOESFTQFDUFEBEWPDBUFGPSUSBOTSJHIUT
bringing in personal stories to political spaces and
achieving advocacy work that no other organisation
could have done. TENI have achieved this while relying
on limited resources and a lack of sustainable funding.
Although TENI was not able to achieve the introduction
of best practice gender recognition in 2013, it is evident
from the evaluation that TENI has laid solid foundations,
developed important partnerships and positively
influenced a process that will lead to the introduction of
gender recognition in 2014. TENI still has a long journey
ahead but their vision of an Ireland with progressive,
inclusive rights-based gender recognition is now within
reach.
30
31
TENI, Unit 2, 4 Ellis Quay
Dublin 7, Ireland
www.teni.ie | info@teni.ie
(01) 873 3575
Transequality
@TENI_tweets
TransgenderEquality

Recognition Now Campaign Evaluation

Transcription

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