In the case of MB V SECRETARY OF STATE FOR WORK AND PENSIONS, the European Court of Justice holds that the UK requirement for trans persons to be unmarried to qualify for a state pension at the retirement age of their current gender, violates EU law.
The Government Equalities Office launches a consultation on the reform of the Gender Recognition Act 2004. It concludes that “for many trans people, and organisations that support trans people [...] the legal recognition process is no longer delivering.”
This report was drafted in 2018 by the European network of legal experts in gender equality and non-discrimination on request of the European Commission. The report analyses whether and how trans and intersex communities enjoy equality guarantees across the 28 EU Member States and three additional EFTA states (Iceland, Liechtenstein and Norway).
This book undertakes a critical analysis of international human rights law through the lens of queer theory. It pursues two main aims: first, to make use of queer theory to illustrate that the field of human rights law is underpinned by several assumptions that determine a conception of the subject that is gendered and sexual in specific ways. This gives rise to multiple legal and social consequences, some of which challenge the very idea of universality of human rights. Second, the book proposes that human rights law can actually benefit from a better understanding of queer critiques, since queer insights can help it to overcome heteronormative beliefs currently held. In order to achieve these main aims, the book focuses on the case law of the European Court of Human Rights, the leading legal authority in the field of international human rights law. The use of queer theory as the theoretical approach for these tasks serves to deconstruct several aspects of the Court’s jurisprudence dealing with gender, sexuality, and kinship, to later suggest potential paths to reconstruct such features in a queer(er) and more universal manner.
While medical identification and treatment of gender dysphoria have existed for decades, the development of transgender as a “collective political identity” is a recent construct. Over the past twenty-five years, the transgender movement has gained statutory nondiscrimination protections at the state and local levels, hate crimes protections in a number of states, inclusion in a federal law against hate crimes, legal victories in the courts, and increasingly favorable policies in bureaucracies at all levels. It has achieved these victories despite the relatively small number of trans people and despite the widespread discrimination, poverty, and violence experienced by many in the transgender community. This is a remarkable achievement in a political system where public policy often favors those with important resources that the transgender community lacks: access, money, and voters. The Remarkable Rise of Transgender Rights explains the growth of the transgender rights movement despite its marginalized status within the current political opportunity structure.
While social change regarding trans(sexuality) has evolved within an expanding nexus of concepts, practices, regulations and institutions, this process has barely been analysed systematically. Against the background of legislative processes on gender recognition in a society shaped by heteronormative hegemony, Adrian de Silva traces how sexology, the law, federal politics and the trans movement interacted to generate or challenge concepts of trans(sexuality) from the mid-1960s to 2014 in the Federal Republic of Germany.
From our television screens to the ballot box, transgender people have suddenly become part of the zeitgeist. This apparently overnight emergence, though, is just the latest stage in a long and varied history. Trans Britain chronicles this journey in the words of those who were there to witness a marginalised community grow into the visible phenomenon we recognise today: activists, film-makers, broadcasters, parents, an actress, a rock musician and a priest, among many others.