Legal protection for all trans* and intersex in the UK

The Equality Act 2010 includes ‘Gender reassignment’ as a protected characteristic. The explanatory notes indicate the protected characteristic applies to transsexual person/s. The definition of ‘transsexual’ is a person who is proposing to undergo, undergoing or has undergone the process (or part of the process) of sex reassignment.

The Equality Act 2010 offers no legal protection from discrimination to trans* people who are not defined within legal terms as proposing to undergo, undergoing or have undergone the process (or part of the process) of sex reassignment, upon the basis the protected characteristic of ‘Sex’ only makes reference to “man” and “woman”.

The Equality Act 2010 currently excludes a number of extremely vulnerable trans* and intersex people from protected status.

The narrow definition for inclusion under ‘Gender reassignment’ has resulted in a confusing picture where it is sometimes assumed that protection applies to all trans* people whereas the reality is that only a transsexual person (as defined within the Act) could successfully win a legal case citing the Equality Act 2010.

There is no reference of trans* people who do not identify exclusively as male or female (non-gendered identity, bi-gendered identity or alternative self-defined identity). The process of reassignment (as defined within the Act) would apply to male and female only – regardless of medical and/or surgical intervention a person has undertaken.

There is no reference of trans* people who do not (intend to) live permanently within the presenting gendered role (cross dresser and others).

There is no reference of intersex people.

During the passage of the Equality Bill, at the consultation and committee stages, there were attempts to broaden the protected characteristic in order to ensure that no person or section within society was essentially left behind.

Unfortunately the governing administration of the day failed to listen.

“All human beings are born free and equal in dignity and rights........” (Article 1, the Universal Declaration of Human Rights, UN General Assembly, 1948).

All human beings who reside within a civilised democracy (such as the United Kingdom claims to be) are entitled to protection from discrimination and to have their fundamental rights respected.

I call upon the presiding government to end the discrimination.