Source · Select Committees · Women and Equalities Committee
Recommendation 30
30
When the previous Government launched its consultation into the reform of the Gender Recognition Act,...
Recommendation
When the previous Government launched its consultation into the reform of the Gender Recognition Act, it explicitly stated that one of its aims was to gather evidence to further advance equality for non-binary and intersex people. The LGBT Action Plan also made a commitment to improve the Government’s understanding of the issues faced by non-binary. The Government should clarify what the barriers are that prevent it from allowing non-binary people to be legally recognised. The Government should lay out reasons in writing to this Committee at the earliest possible opportunity, within a maximum of 12 weeks. The Equality and Human Rights Commission should undertake research in this area so that proposals to allow for legal recognition of non- binary people can be brought forward during this parliament. (Paragraph 226) Reform of the Gender Recognition Act 79
Government Response
Not Addressed
HM Government
Not Addressed
62. GEO officials have considered the experiences of both people with variations in sex characteristics (VSC), otherwise known as ‘intersex’, and people who identify as non- binary, details of which are set out below: 1) Analysis of call for evidence on the experiences of people with variations in sex characteristics - On 17th January 2019, GEO launched a call for evidence on the experiences and needs of people with variations in sex characteristics. In particular, the call for evidence was aimed at those who have VSC; and those who look after people who have VSC in a personal capacity, such as parents, legal guardians, carers. The call for evidence included a combination of closed and open questions. Questions were divided into themes: terminology; health; education; support services / organisations; workplace, benefits, sport and leisure services; and sex assignment, birth registration and correcting birth certificates. We have analysed the responses and are in the process of finalising the report for publication in due course. The analysis provides valuable insights on the issues faced by people with VSC, parents and carers, and service providers. We believe that more research would help us better understand the issues raised in the report, and will be liaising with stakeholders and other Departments to take this work forward. 2) The experiences of non-binary people - GEO has considered this issue, as part of the Government’s successful case against a legal challenge, to inform policy work on the issue of so-called X-markers on passports (that is, the option, introduced by some countries, for passports to provide for a third category beyond male and female). We reviewed published evidence on the value and purpose of sex and gender identifiers on official documentation, and how the gender identity of non-binary people affected their interactions with key public services, in order improve our understanding of issues relating to non-binary identities and X-markers. We also conducted a short scoping exercise, involving interviews with policy officials in a number of departments about how sex and gender markers are used and the possible impacts that could arise from a hypothetical X-marker. 63. To be clear, the Government’s position remains that no changes are needed to the GRA. In UK law, individuals are considered to be the sex that is registered on their birth certificate – either male or female, with the GRA providing for individuals to be able to change their legal sex. 64. Our work, as referenced above, aimed to further explore this emerging and complicated area of policy. However, as was also highlighted in R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent) 12 July 20219, many other countries are also developing their understanding of this area. 65. For the response of the EHRC, we refer to their letter to the Committee dated 28 January 2022.