PFC Newsletter Number Ten (May 1998)

Equal Opportunities Minister Alan Howarth MP, who has asked the Parliamentary Forum on Transsexualism to draft new guidelines on protecting the employment rights of trans people.

Newsletter Number Ten
(May 1998)

Produced and Edited by Alex Whinnom

In this issue

Cartoon (8K) Last October we were invited by the Department for Education and Employment to take part in a consultation exercise to draw up good practice guidelines for employers on the implementation of "P" in UK law. We were delighted! Then in February this year a consultation paper arrived in the post, the contents of which threw us all into a total panic. The proposals, if implemented, would have had the effect, not of protecting transsexual people in employment, but of removing what rights we had gained! A request to the Department to withdraw the paper was refused, and we lost no time in circulating the paper to members and supporters with an urgent call to action.

In all the department has received over 300 responses from groups, organizations, individuals, MPs and MEPs. All argued strongly against the proposals, explaining why they would have an effect opposite from that intended. Sympathetic MPs asked questions in the House. Meanwhile we continued to lobby for a meeting with a Minister in order to put our case.

In March, Alan Howarth MP (Minister for Equality, and the lead Minister on the issue) met with members of the Parliamentary Forum on Transsexualism. The Forum consists of supportive MPs, representatives of Press for Change and supportive legal and medical experts. The Minister reassured the Forum that the intention is very much to ensure the transsexual people are not discriminated against in employment, and that he was listening very carefully to what people had to say. He was gracious enough to admit that he was on a steep learning curve on the issue and that the original paper was seriously flawed.

It was agreed that a second draft will be composed by the Parliamentary Forum and again put out for consultation, and that further drafts will be made until everyone is satisfied that we have a document which does the job properly. Mr. Howarth has also said that should legislation be proposed, there will be an opportunity for Parliament to debate it.

This is an enormous success:

Firstly, we have shown (yet again) what a tremendously effective lobby we can achieve when necessary: well done and thank you!

Secondly, it seems that this government is genuinely prepared to consult and to act on the findings of the consultation, and is genuinely interested in working with us. Effectively, we get the chance to write the next version of the proposals - you couldn’t say fairer than that!

Thirdly, the issue has raised the profile of transsexual civil rights far higher than we could ever have hoped at this stage in the new session. It is possible we may make further gains as a result.

Employers’ award

Press for Change has started an award scheme for employers who provide a supportive environment and have a policy of not discriminating against transsexual or transgender job applicants or employees. Nominees will receive a certificate and will be added to a directory.

ACTION - If you think your employer deserves a word of praise, let us know — mail us at letters@pfc.org.uk.

Equal Opportunities Commission consultation

We live in exciting times! The EOC has also just circulated a paper containing proposals for replacing the Equal Pay Act and the Sex Discrimination Act with a new piece of legislation which takes into account issues which have arisen over the last 20 years. The final version of the paper will be submitted to the Secretary of State in May. The EOC has included "gender reassignment" as one ground on which discrimination would be illegal. The proposals cover much wider ground than "P", including for example parental leave, private clubs, insurance, sport, the armed forces etc. They could be enormously beneficial to us.

Press for Change has provided a comprehensive response to the paper, in order to ensure the EOC is fully aware of the special issues involved and the particular problems which can be caused by interpretations of the conflict between our legal sex and our social gender. Amongst our main suggestions are that "gender identity" should be used rather than "gender reassignment", that equality should apply between "all people" rather than between "men and women", and that the point at which a transsexual person is considered to "change sex" should be the point of official change of name. Our aim is to ensure that all transsexual and transgender people are fully covered by the equality legislation at all times.

Amendments to proposed legislation

Press for Change is supporting amendments to two Bills which have been tabled by Outrage:

Human Rights Bill 1998 (incorporating the European Convention on Human Rights into British law): Article 14 of the Convention states that the rights and freedoms of the Convention shall be secured "without discrimination on any ground". After giving examples of some types of discrimination, it concludes with the catch-all phrase "or other status". But the European Commission and the Court of Human Rights have sometimes interpreted Article 14 as being limited to the grounds specifically mentioned. The proposed amendment gives examples where this has occurred: with regard to age, disability, sexual orientation, gender identity and medical conditions such as HIV/AIDS) and asks that the Bill make explicit that Article 14 should be interpreted as prohibiting discrimination on any grounds.

Crime and Disorder Bill 1998 (Section 68): The amendment asks that the police powers and legal penalties proposed where the offender was motivated wholly or partly by racism should be extended to all crimes in which the offender was motivated by hostility based on actual or presumed religious affiliation or belief, sexual orientation, political or other opinion, disability, sex, medical condition, national to social origin, gender identity or physical appearance.

Equality Forum: Launched 4th April 1998

"Just to let you know that I got to the meeting OK and returned home very tired after a 19 hour day. The meeting lasted five hours and was very useful indeed. We were totally accepted by the other 66 organizations and 12 individuals present at what has now been named the Equality Alliance. I am on the Working Committee. Hopefully this will be the start of something big involving all Lesbian, Gay, Bisexual and Transgendered people."

The Forum has been created to provide a means by which groups campaigning for civil rights can share information, support each other and where appropriate, co-ordinate campaigning on issues which affect us all. Similar Forums already exist in Scotland and N. Ireland. We have already seen the benefits of building up links with sympathetic organizations, many of which recently lobbied the DfEE on our behalf. Networking over amendments to mainstream legislation is also very important - for example we have been consulted on Outrage’s proposals re two bills and expect to work closely with the EOC and with other organizations on proposals for new employment legislation.

Press for Change is represented on the Forum by Romana Mewett.

ACTION - If anyone else would be interested in getting involved please contact us to send brief details about yourself. We could do with at least one more person.

Constituency links

Many MPs received their first letter or visit from a transsexual constituent as a result of the DfEE paper. Thanks to all! This is exactly the kind of action we wanted from "Constituency Links". If you were one of them, and haven’t yet told us, or if you’d be willing to make contact, please let us know - that way we know which MPs haven’t yet been covered.

ACTION - To register as a Constituency Link, please write to us with the name of your MP.

Select Committee on European Legislation

If anyone is a constituent of any of the following, please could you let us know. The role of the committee is to scrutinize any proposals for legislation arising in the EP and it will for example have oversight of the DfEE proposals, so it would be useful to build up some contacts.

Ben Bradshaw (Exteter, Lab), Colin Breed (South East Cornwall, LDem), Russell Brown (Dumfries, Lab), Roger Casale (Wimbledon, Lab), William Cash (Stone, Con), Quentin Davies (Grantham and Stamford, Con), Jim Dobbin (Heywood and Middleton, Lab), Margaret Ewing (Moray, SNP), Linda Gilroy (Plymouth Sutton, Lab), Jimmy Hood (Clydesdale, Lab), Jenny Jones (Wolverhampton South West, Lab), Rosemary McKenna (Cumbernauld and Kilsyth, Lab), Jim Marshall (Leicester South, Lab), Bill Rammell (Harlow, Lab), Anthony Steen (Totnes, Con), Shaun Woodward (Witney, Con).

ACTION - If your MP is in this list, please write to us.

European courts

Grant v. SW Trains: European Court of Justice

First of all, an apology for misleading coverage of this case in the December newsletter - the report read as though the case had been won. It was successfully referred to the Court in October 1997, but was actually lost in March 1998. The case was brought by a lesbian employee of South West trains, whose partner was refused the rights to free travel etc. that other unmarried partners enjoy. A success could have been very useful to us so the result is disappointing.

Sheffield and Horsham v UK: European Court of Human Rights

Two transsexual women claim a violation of Articles 8, 12 and 14 of the European Declaration of Human Rights. The Commission have referred the case to the European Court of Human Rights on all three grounds, and it was heard on 2nd March 1998. The judges referred the case to the Grand Chamber under Rule 51, which means all the judges of the Court are asked for their opinion.

Please note: it will be several months before we hear a verdict. Whether this is positive or negative, we plan a petition to the European Parliament to follow the announcement.

Question to the European Parliament

James Moorhouse MEP recently tabled a Written Parliamentary Question to the Commission and the Council of Ministers on behalf of Press for Change:

Transsexual citizens in the European Union :

In the light of the Council of Europe Recommendation 1117 and the great disparity in the legal status and treatment of transsexual European citizens in the various Member States, are there any plans to introduce proposals to improve civil rights for this group of disadvantaged, and discriminated against, citizens?

Is the Council / Commission aware of the extent of discrimination in employment, passport rights, rights in prison, rights concerning adoption and marriage, and how differences in these are having a detrimental affect on the well-being, economic prosperity and happiness of many European Union citizens?

The Council has not yet given its reply but the Commission’s reply follows.

Answer given by Mr. Flynn on behalf of the Commission (5th December 1997):

The Commission is aware of the whole range of serious problems that transsexuals encounter and of their feeling of helplessness in the face of the prejudices against them that still exist in our society.

The Commission wishes to inform the Honourable Member that there are no specific provisions in Community law governing the situation of transsexuals. However, the Community Directives adopted on equal treatment for men and women are universally applicable and therefore apply also to transsexuals. This has been confirmed in the case-law of the Court of Justice… [and goes on to refer to "P"]

Petition to the European Parliament

In 1989 the European Parliament passed Motion 1117 calling on member states to enact a range of provisions to improve the welfare of transsexual people. This was as a result of two petitions to the Parliament by Italian and French transsexual people. Most of the proposed provisions have not yet been implemented in most states. Also the answer to Mr. Moorhouse’s question suggests a degree of complacency or naiveté on the part of the EP. Yet we know that British MEPs as a group are very supportive of transsexual civil rights - for example they were quick to support us in responding to the recent DfEE paper.

A Petition to the EP requires only one signature! However we plan a Petition signed by representatives of transsexual people in all the member states. The exact wording will depend on whether the cases of Sheffield and Horsham are upheld or not, but will basically ask the EP to resolve that member states work together with representatives of trans people to agree some common standards for all European citizens over the issues mentioned by Mr. Moorhouse.

[Please note, S & H is being heard in the European Court of Human Rights, which is not an EC body; however the result will be pivotal to all equality campaigning in Europe.]

ACTION - If you have contact with groups or individuals in any of the member states of the EC, please ask them to contact Frank Hannah at Press for Change, or send contact details for Frank’s attention.

Treatment on the NHS

There is continuing concern expressed both about access to grs treatment and about the quality of treatment available. With regard to access via the NHS, matters seem to be getting worse if anything. We are trying to tackle this issue by:

providing advice to individuals who are refused funding, including referral to a solicitor if necessary
encouraging transsexual groups and local network members to work with their Area Health Authorities to agree good practice guidelines on the Nottingham model
compiling a report on funding backed up by a dossier of individual cases to go to Frank Dobson MP
challenging grs services where bad practice is alleged, with a view to improving practice

Report to the Health Secretary

A consultation document has just been issued by the "Commission in Specialized Services" (Dept. of Health). It contains proposals aiming to improve treatment for the sufferers of rare medical conditions. Plans include removing the internal market in the NHS in favour of Central Planning in each of the 8 English health regions. This is an ideal opportunity to lobby for a higher profile for treatment for transsexual people.

ACTION - Please write or e-mail us for a pro forma if you have had problems obtaining funding since January 96 for any of the following: assessment by a gender specialist, hormone therapy, mastectomy (men), genital surgery (women). Note: any examples used in the report or dossier will be anonymised.

Bad Practice ?

Leaving aside the occasional cases of appalling exploitation by maverick counsellors or surgeons, there have always been frustrations for people attending the "gender clinics" and other specialist services. Yet individuals very rarely complain, for understandable reasons. Problems seem to include: very long waiting lists and delays in starting hormone therapy, unrealistic demands for the "real life test", prescriptions of inappropriate hormones or inadequate doses of hormones, inadequate monitoring of hormones, requiring sterilization prior to initiating hormone therapy, unnecessary hysterectomies (men). Some of these problems may be the result of ignorance on the part of some medical professionals, others may reflect out of date policies. But unless someone complains, the professionals won’t know their clients are not satisfied.

It would be helpful to know how many people are experiencing any of these problems, and to which services they refer. We have a volunteer who is willing to take up these issues directly with any professionals concerned, going through the usual channels for complaints and with the aim of improving practice. Any examples used will be anonymised but do remember: without your evidence we can do nothing.

ACTION - Let us know brief details of your case if you feel you have experienced bad practice from health professionals. Recent examples (since January 96) would be the most useful.

Can we get married?

The government has repeatedly argued to the European Court of Human Rights (e.g. Rees, Cossey) that as transsexual people are allowed to marry somebody of a sex opposite to the one stated on their birth certificate, there is no violation of human rights. This doesn’t always seem to work in practice.

A lesbian couple, one of whom is transsexual, were recently refused a marriage licence, despite producing all the evidence of legal status. The case is being challenged and will almost certainly be won - watch this space. Similar lesbian marriages have taken place, for example Tracie Ann Scott married Tina Louise Dixon on June 28th 1995. There are also many examples of partners remaining married after one of the couple has changed sex.

On the other hand… Marriage to member of the opposite sex remains illegal for trans people. In November 1996 the Court of Appeal rejected a trans man’s appeal against the voiding of his marriage to a woman (who claimed she remained ignorant of his condition for 17 years), but went on to say, in effect, that an appeal would be upheld if the spouse were fully aware of the trans person’s condition when contracting the marriage. The judges seemed to suggest that despite the illegality of the original marriage, there were circumstances in which protection in the event of marital breakdown could be legally enforceable. They also said that, in their view, Corbett v Corbett needed revisiting.

Transsexual birth parents working group

A number of parents have got in touch, with a range of different experiences.

The brief for the group includes:

collecting research and information on the effect on children of having transsexual parents and/or seeing them change over and into the effect on children of being denied contact with a parent
collecting information on people’s experiences in court and copies of judgments (good and bad) and looking for helpful precedents
building up a list of specialist solicitors for when birth parents need representation at court
collecting examples of transsexual birth parents successfully gaining access and/or custody of children either through informal arrangements or through the courts

The group will also keep in touch with each other and perhaps meet for mutual support.

ACTION - If you are interested in joining the group, or need help, or have information which could be useful, please write for the attention of ’J’.

Conference circuit

Press for Change has started a conference calendar of events at which we try to educate or lobby delegates - e.g. with a stall, a workshop, a flyer, a speaker. Events include Trade Union conferences, those of sympathetic organizations and regional party conferences. We need volunteers who would be willing to help with stalls at events in your area. You need not have any experience, just a friendly face, strong arms (for carrying posters etc.) and a willingness to talk to people if approached.

ACTION - If you would be willing to help staff a stall, please write for the attention of Mjka Scott.

Nottingham group has done it again

The Nottingham Women’s Centre has announced a policy on transgendered access: a press release in April 1998 states that the Committee has unanimously decided to allow access to the centre "by individuals identifying as and living as women full-time in all spheres of life" from 1st June 1998, prior to which awareness training will be carried out. There will be no access for transsexual men! This is as a result of long and patient work by the Nottingham group, in the face of an initial refusal.

ACTION - Many women’s only spaces do now admit trans women, but many do not. If anyone is interested in campaigning for more access, send for the briefing "Why ’women only’ must include transsexual women" (see Resources List)

City & Guilds certificates

One ongoing problem some people have faced is refusals by some exam boards to re-issue certificates for qualifications gained in the old name. Thanks to a Press for Change member who would not take "no" for an answer, City & Guilds have now reviewed their policy and will change names on certificates for transsexual people.

Another increase in transsexual councillors?

Natalie Murphy has been selected to run as a Liberal Democrat candidate in Southampton.

Hayley stays

Even those who never watch Coronation Street must have dipped in by now ? You will be glad to know that Hayley has proved so popular that she is staying on the Street long term. The idea of introducing a transsexual character may have been the result of a word in the ear of the producer by a Press for Change member… Although initially Granada received a postbag criticizing their decision not to use a transsexual actress and deploring their lack of consultation with the community, they have, to their credit, taken our comments to heart. Now two Press for Change members are acting as consultants to the script writers to ensure Hayley remains true to life, and we expect that coverage of the issues she faces will educate the public more effectively than anything else could have done.

A little while ago we investigated the possibility of a question on a MORI poll to assess current public opinion on transsexual people. It was too expensive. Now our market research has been done for us for nothing: 18 million Corrie viewers gave us the thumbs up.

Member or activist?

Membership of Press for Change is open to all transsexual and transgendered people and any member of the public who wishes to support the aims and work of the organization. No membership fee is charged. People on the Press for Change or Boys Own mailing lists are deemed to be members unless they request not to be. Members receive the newsletter, may request resources or advice, are asked to take action collectively on issues when necessary, and may if they wish volunteer as Key Activists or Local Networkers.

The most important difference between a "member" and an "activist" is that the activist actively takes responsibility for an aspect of the campaign. Activists agree in writing to work in support of the stated aims of Press for Change and to follow policy whilst campaigning. They are invited to the annual planning meeting and are entitled to vote at the AGM.

ACTION - If you would like to get involved in a particular issue locally or nationally, or could help out from time to time, please let us know.

Local Network

We now have at least one "seed" member or group undertaking local campaigning in the following areas:

Avon (Bristol), Buckinghamshire, Cheshire, Derbyshire (Derby), Devon (Torquay), Dorset, Fife, Glasgow, Hampshire (S’hampton), Hampshire (North), Kent, Lancashire (Lytham), LONDON: Hertfordshire & NW London, Middlesex & W London, SE London, Surrey & SW London, Leicestershire, Lincolnshire & Humberside, Manchester/Greater M/c, MIDLANDS (Wolverhampton, Warwickshire), Nottingham, Oxfordshire, Reading & Thames Valley, Suffolk, Surrey, Sussex (Brighton) WALES N (Rhyll), WALES S, Wiltshire (Salisbury), YORKSHIRE W (Huddersfield, Leeds, Bradford, Mirfield)

ACTION - Would you be willing to help? There is so much that could be done with more hands, and it’s much more fun with a group. Please write in!

Annual planning meeting and AGM

This will take place on Sunday 14th June at the Mechanics Centre in Manchester. The new Press for Change “Rules” allow members to attend the AGM as observers. If anyone would like to do so, please write in.

Note to activists : you will receive an agenda and full details in a separate mailing.

Exhibition

We have received a request for collaboration from a photographer:

"I’m about to set out a photographic project called The Transgender Communities in Europe. The project consists of a series of portraits depicting somehow the way the transsexual community is rising throughout Europe. Also I’ll film some interviews of those people who agree".
The project is expected to cover Finland, France, Spain, Italy, Germany and the UK.

ACTION - If you might be willing to be photographed or filmed, please contact: Juan delGaldo, 38, Fifth Avenue, London W10 4DN. Tel: 0181-968 6334 Fax: 0171-911 5972

London Pride 98

The March and Festival take place on Saturday July 4th. Anyone who wishes to walk with the Press for Change banner should assemble at the Lancaster Gate of Hyde park (nearest tube Marble Arch) at 10.30 a.m. We move off around midday and walk round central London for about an hour and a half. This is our 3rd year at Pride, and we hope to see more people than ever - all trans people, friends, family and supporters are welcome.

"Transagenda for the next millennium"

The Third International Congress on Sex and Gender will be hosted by Press for Change at Exeter College, Oxford from Friday 18th - Sunday 20th September 1998. The conference is aimed at academics, service professionals and trans community members working in the area of transgender civil rights and liberties. A number of places have been reserved for Press for Change activists but bookings are coming in fast now - if you haven’t yet booked, hurry!

Train the trainer

A session for those wishing to work as trainers and speakers for Press for Change: on Saturday 13th June in Manchester; intended mainly for people in North West region.

"Let me out of here"

Chrissie Cochrane has produced a CD of her own original compositions, which includes three transsexual-relevant tracks. The music is "modern folk style", pleasant listening and very professionally presented. Chrissie is kindly donating one third of the price of each CD sold through Press for Change. You can hear a sample on Chrissie’s website.

ACTION - If you would like to order a copy, please see the Resources List.

GIRES

The new charity is registered with the Charities Commision, started to recruit members (see enclosed flyer) and has just received its first grant. Thanks and well done to Bernard, Yvonne, Dennis, David and Janeen. GIRES is intended to work in close partnership with Press for Change, and to carry out its objectives of providing education and information mainly through Press for Change. Do join if you can, but please don’t join instead of donating to Press for Change! We still rely on your donations to fund the campaigning itself.

The Press For Change e-mail lists

UKPFC-News for regular news updates

UKPFC-Forum for discussion and policy development

If you receive the newsletter electronically and do not require a paper copy, please help us to save money by telling us to take you off the snail-mail mailing list.

Thank you!…

…to everyone who has sent in copies of letters from MPs and others, press cuttings, photos, information for the Employment Working Group or for other activists. Press for Change now receives well over 100 letters and e-mails every week and I’m afraid we cannot reply individually to them all. We also ask your patience when you request materials - if a crisis blows up one week we have to put everything less urgent on hold. But your support and feedback is always very much appreciated.

Resource list

As before, the resource list is available on-line, with the addition of one extra briefing sheet: "Why ’women only’ space must include trans women"

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