Mapa mental
Gender Recognition
Contenido del mapa
Gender Recognition
Determining Sex
- Before the Gender Recognition Act 2004 one could not change ones' sex in the eyes of the law, unless a mistake had been made at the time of registration of a birth certificate
- Sex refers to the PHYSICAL attributes of gender norms whereas gender itself means MASCULINITY and FEMENINITY
Corbett v Corbett [1971] P 83
- Marriage conducted between couple, wife in the case was named April Ashley, a very successful female model. April had been born male, there was no common knowledge that a significant number of babies are born whose sex is not apparent.
- Psychologically April was a female and underwent processes to physically change her sex.
- It was held that if you were correctly registered as male at birth, no subsequent change or development counted.
- Therefore, april could not marry her spouse at the time as she was a man and the marriage of same-sex couples was not lawful
- Breach of right to marry (ECHR Art.12)? No. She could still in the eyes of the law have married a woman as she was legally male
- Case was PRE-GRA 2004
Goodwin v UK (2002) 35 EHRR 18
- The fact that you cannot change your sex legally is an unacceptable breach of Art.8 ECHR (right of respect for private and family life)
- Prompted introduction of Gender Recognition Act 2004?
The Gender Recognition Act 2004
- Provides a process whereby one can, e.g. say; "I was correctly registered as a female (on basis of genitals) but my gender (psychological and social characteristics) is now male so register the subsequent change"
- The Act is now complicated by having more or less duplicate 'mirror provisions' for Scotland and for England and Wales
- GRA not examinable but should understand key elements e.g. the effects of a successful application upon an existing or subsequent marriage
- Effects of the 2004 Act
- s.9(1) where a full GRC is registered the person's gender [i.e. sex] becomes for all purposes the acquired gender [i.e. sex]
- s.12 [This] ... does not affect the status of the person as the father or mother of a child
Who can apply?
- s.1(1) A person ... who is aged at least 18 may make an application [to the Gender Recognition Panel] for a gender recognition on the basis of
- (a) living in the other gender
- (b) having changed gender under the law of a country or territory outside of the UK
- s.1(1) A person ... who is aged at least 18 may make an application [to the Gender Recognition Panel] for a gender recognition on the basis of
The "Test"
- s.2 - panel must grant either an interim or a full GRC if
- Applicant has gender dysphoria
- Has lived in new gender for at least the most recent two years
- Intends to remain in the new gender for life and provides evidence
- Definition and Evidence
- s.25 - definition of Gender Dysphoria
- s.3 - report by two medical professionals confirming the applicant meets the tests and also a declaration whether the party is married or in a civil partnership
- It is not necessary for someone to have undergone sexual reassignment surgery or to have been prescribed hormone treatment
- s.2 - panel must grant either an interim or a full GRC if
Gender Recognition Certificates
- Must be issued a full GRC if you meet the requirements of s.3
- AND you are not married or in a civil partnership
- you are not in a protected marriage (England and Wales with consent of spouse for marriage to continue) or protected CP
- A full GRC is registered by s.10 and that's that
- you are not in a protected marriage (England and Wales with consent of spouse for marriage to continue) or protected CP
- AND you are not married or in a civil partnership
- Must be issued with an interim GRC if you meet the requirements of s.3
- AND you are married or in CP which is not a 'protected' marriage or CP
- Interim GRC allows divorce in Scotland, annulment of marriage in England and Wales, and dissolution of a CP in either jurisdiction
- When granting you a divorce (see s.5) the court will also turn your interim GRC into a full GRC
- Interim GRC allows divorce in Scotland, annulment of marriage in England and Wales, and dissolution of a CP in either jurisdiction
- AND you are married or in CP which is not a 'protected' marriage or CP
- Must be issued a full GRC if you meet the requirements of s.3
Información
- Descripción
- El usuario ha eliminado su información de asignaturas Mapa Mental sobre Gender Recognition, creado por Usuario eliminado el 19/04/2017.
- Creado por
- Usuario eliminado · abr 2017
- Actualizado
- 19 abr 2017
- Visitas
- 15
- Historial
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- Creado por Ruaraidh Simpson · 19 abr 2017
- Copiado por Ruaraidh Simpson · 19 abr 2017
- Valoración