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Scotland’s new gender recognition Bill

26th December, 2022

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Context: A day after Scotland passed its gender recognition law, the United Kingdom Prime Minister Rishi Sunak confirmed that his government might block the legislation

Details:

After passing the landmark bill, which made Scotland the first part of the UK to introduce a self-identification system for people who want to change their gender, the Scottish parliament called it “a historic day for equality”.

What is the new gender recognition law?

  • The law brings sweeping reforms to the system through which people obtain their gender recognition certificate (GRC).
  • Currently, they have to apply to a UK gender recognition panel and must present two medical reports, including a psychiatric diagnosis of gender dysphoria and another listing any treatment or surgery they may have had to change their sexual characteristics.
  • Applicants should also have been permanently living in their acquired gender for at least two years before applying for the GRC.
  • According to the Scottish government, the present system “has an adverse impact on people applying for gender recognition”. It also adds the process of getting the GRC can be “demeaning, intrusive, distressing and stressful”.
  • Under the new gender recognition law, applications will be made to the Registrar General for Scotland instead of the UK panel. It also removes the need for a medical diagnosis of gender dysphoria and extends the application process to 16 and 17-year-olds for the first time.
  • The new self-identification system requires people to have lived in the acquired gender for at least three months before applying and six months for those who are under 18. It also provides a three month reflection period to the applicant before a certificate is issued.

What is the controversy regarding the law?

  • Opponents of the law claim that the reforms could undermine the rights that women secured after decades of struggle.
  • They also fear that abusive males could use the new system to threaten the security of women.
  • Erasing the concept of sex removes the ability of many to meaningfully discuss trans lives
  • Scottish First Minister Nicola Sturgeon has accused many of using the issue to spread transphobia.
  • The primary criticism of the law is that women’s rights can be at odds with trans rights and that using such laws, abusive men will infiltrate women’s spaces.

https://indianexpress.com/article/explained/explained-global/what-is-scotlands-new-gender-recognition-bill-8342232/