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Column ‘I know I’m a woman, and my gender should be recognised’

Transgender woman Louise Hannon describes how the trans community still face humiliating hurdles – and argues proposed new laws must be changed.

Last year, transgender woman Louise Hannon was awarded damages by the Equality Tribunal after being discriminated against at work. Here she describes how the fight for recognition is not over – and how proposed legislation introduces humiliating new hurdles.

AFTER ALMOST 15 years of legal struggle, Dr Lydia Foy is still not legally recognised by the Irish State and does not have a birth certificate with her proper gender. Neither do I – and there are many more of us. When will our time come?

The struggle for gender recognition has been a long one. In 1997, Dr Foy first set the legal wheels in motion. After a decade, in 2007, the High Court found that Ireland was in breach of the European Convention on Human Rights. In plain language, the High Court found that Ireland was infringing on the human rights of transgender people by not having a process to legally recognise their preferred gender.

Ireland is one of the last states in Europe to deny transgender people legal recognition. Clearly, Ireland needs to bring our laws up to date.

It’s now getting on for two years since the Fianna Fáil government set up the inter-departmental Gender Recognition Advisory Group (GRAG for short) in May 2010. The role of the GRAG was to advise the Minister on legislation required to provide for the legal recognition of trans people.

This was meant to start a short process whereby transgender people would finally be legally recognised in their proper gender by the Irish state. The previous government had dragged its feet since the European Court of Human Rights gave its judgement in 2002 in the case of Goodwin v Cornwall CC in the UK. But as we all know, this process of lawmaking is incredibly slow in Ireland – unless there is the Troika pushing the buttons of course.

Fast forward to July 2011 and the publication of the GRAG’s report and recommendations. Leading up to the publication there was great hope and anticipation. The GRAG had spent a year reviewing evidence, conducting research, and most importantly, consulting with trans people and organisations about what the legislation should look like. In total they took advice from 40 individuals and civil society groups. including the Equality Authority and Transgender Equality Network Ireland.

Despite all this work, the GRAG completely ignored this mountain of advice and copied the UK act almost verbatim – much to the chagrin of those of us who had hoped for some progressive legislation. It bears noting that when the UK Act passed in 2004 it was seen as quite progressive, but the world has moved on in seven years. Surprisingly, the GRAG committee didn’t seem to notice.

‘Can you imagine the uproar if 20 men sat discussing women’s issues without female input?’

There are a number of things wrong with the GRAG’s report and recommendations but I won’t bore you with most of them and will concentrate on three of the most significant issues.

Firstly there were no transgender people on this intergovernmental committee to advise on what was needed. Can you imagine the uproar if twenty men sat discussing women’s issues without any kind of female input? There would be uproar from the women of Ireland and rightly so.

Secondly, in order to be legally recognised the GRAG recommends that we must submit to a psychiatric assessment and be given a diagnosis of a mental disorder (officially known as ‘Gender Identity Disorder’). How would you feel if you applied for a passport and were told you needed to see a psychiatrist to make sure you were sane before being granted the right to go on holiday?

I have to chose between my proper birth certificate/legal recognition and accepting that I am suffering from a mental condition. I know I’m a woman and my gender should be recognised with a simple declaration. It’s that simple.

Thirdly, and I think most cruelly, there is a proposed requirement for trans people who are in existing marriages to divorce before they can be legally recognised. This means that people in loving relationships, sometimes with children, will need to divorce and split up their family in order to be given a new birth certificate. That is fundamentally unjust and puts families in an impossible position. This for me is a strange one given our insistence on protection of the family under the Irish constitution which states in Articles 41.2 and 3.1:

The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.

The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.

Square that if you can with forced divorce for those who are transgender. It makes no sense.

For the sake of those families and their children affected there needs to be a way found to stop this happening, and I believe with common sense it can be done. The recommendations by the GRAG are just that – recommendations. We still have time to make sure that Ireland introduces gender recognition legislation that is progressive and inclusive.

Louise Hannon is a board member of TENI, which is asking for support and for people to contact them in the campaign for gender recognition and to secure the human rights of transgender people. You can contact TENI on 01 8733575 or office@teni.ie.

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142 Comments
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    Mute Brian Waldron
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    Jun 7th 2020, 10:44 AM

    Tracy I also do career coaching and I think you have offered some very useful tips for people in your article. I wish you well in your new venture which I’m sure will be a great success.

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    Mute Shazam37
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    Jun 7th 2020, 11:50 AM

    @Brian Waldron: i admire the energy and self belief to start a new venture and believe many can benefit from career coaching. Kids should taught a lot of this in school.

    But the advice in this article is facile and uninteresting. Dress for an interview? Take three deep breaths?

    At the end of it all there are a handful of pretty self evident interview tips (which I wouldn’t consider strictly speaking to be career advice) and three dull unhelpful tips on starting your own business.

    This was a huge opportunity to get her brand and business in front of a readership. Opportunity wasted.

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    Mute Brian Waldron
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    Jun 7th 2020, 12:02 PM

    @Shazam37: unfortunately the school system in general is bereft of many key life skills, such as preparing for the work environment, communication skills, handling adversity, developing resilience and generally building character and confidence. Whilst parents can only do so much, there is a gap.

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    Mute David Corrigan
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    Jun 7th 2020, 12:02 PM

    @Shazam37: How can people get paid for offering such bland and uninspiring advice?
    Why would anyone pay for “career coaching” when one can read good interview tips straight off HR based websites for FREE?

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    Mute David Corrigan
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    Jun 7th 2020, 12:03 PM

    @Brian Waldron: Those gaps are filled in with a thing called “experience” Brian.

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    Mute Shazam37
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    Jun 7th 2020, 1:00 PM

    @David Corrigan: well I’m assuming the advice is better when she’s doing a session.

    Lazy effort here Though

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    Mute Joe
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    Jun 7th 2020, 1:22 PM

    @David Corrigan: she’s hardly going to destroy her business by giving all of her best tips out here for free.

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    Mute David Corrigan
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    Jun 7th 2020, 1:57 PM

    @Joe: I didn’t ask the lady to do that. I am just surprised that people pay for something that one can get for free. You always seem to get bogged down in little irrelevant things Joe.

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    Mute Shimo Tbay
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    Jun 7th 2020, 11:02 AM

    If you have a complete “C U next tuesday” for a boss there is no coaching that can fix that. People don’t leave bad jobs they leave bad bosses. Do yourself a favour don’t be miserable, move on.

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    Mute Fr Romeo sensini.
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    Jun 7th 2020, 11:35 AM

    @Shimo Tbay: Well they do leave bad jobs but I totally get what your saying.

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    Mute Mark Johnson
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    Jun 7th 2020, 1:06 PM

    @Shimo Tbay: Female bosses (usually single and childless) in their 40s, 50s, are the worst in my experience of bully bosses.

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    Mute Paul Quirke
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    Jun 7th 2020, 6:24 PM

    @Shimo Tbay: I have a really sound boss in my job which I started 7 months ago. It’s the first time after 20 odd years working that I find myself in this case where I really respect the person that Is my manager. It’s life changing.

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    Mute Dara O'Brien
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    Jun 7th 2020, 10:43 AM

    Career coach?

    Really?

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    Mute Joe
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    Jun 7th 2020, 11:26 AM

    @Dara O’Brien: yeah it’s for people who want to push on to the next level and increase their worth!

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    Mute JimmyMc
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    Jun 7th 2020, 11:38 AM

    @Joe: if you need a career coach to get to the next level then maybe you’re already at the level you should be at

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    Mute Shazam37
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    Jun 7th 2020, 11:44 AM

    @JimmyMc: or perhaps something less idiotic Jimmy?

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    Mute Joe
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    Jun 7th 2020, 1:28 PM

    @JimmyMc: “we hope to give them options they didn’t realise they have”.
    It’s about opening your mind and not getting stuck in a rut. Sometimes to move on and progress you need an independent voice to help you take that leap. If you can’t see that I would suggest it’s you who has reached their level.
    The ones with the open minds and flexibility will move onwards and upwards leaving you in their dust trail.

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    Mute Greg Dalton
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    Jun 7th 2020, 2:19 PM

    Tracy,
    I too have been a career coach for some 15 years. You offer some good tips. People often ask me why we need a ‘career coach’? If you liken it to a sports coach; a career coach looks at the years ahead and develops a strategy with their clients where they achieve their career targets and goals using a challenging and rewarding approach, similar to those of an athletic or team focusing on seasons or competitions ahead.
    Best wishes for your career.
    Greg Dalton

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    Mute Earth Traveller
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    Jun 7th 2020, 12:20 PM

    Does Tracey have any advice on how to deal with the discriminatory recruitment practices that are used by employers?

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    Mute levente
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    Jun 7th 2020, 3:12 PM

    Great Article !I would love to add you on LinkedIn. Do not listen to the these professional moaners , they are kind of bubble wrapped snobs . Good luck with your business ,we need more coaches like yourself, and a psychologist for the non believers !

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    Mute lisa duignan
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    Jun 7th 2020, 11:18 PM

    I think good career counselling is badly needed in secondary schools. Consider getting qualified for this. The pay is good and these jobs are very often filled by unsuitable people.

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