The Queer Outside in Law: Recognising LGBTIQ People in the United Kingdom, P Dunne and S Raj (eds), [Palgrave Macmillan, 2021, 277pp, £89.99 (hardback)]

Book Review: The Queer Outside in Law: Recognising LGBTIQ People in the United Kingdom, P Dunne and S Raj (eds), [Palgrave Macmillan, 2021, 277pp, £89.99 (hardback)]

Queer Histories and the Politics of Policing, Emma K Russell [Routledge, 2020, 162pp, £120 (hardback)]

Book Review - Queer Histories and the Politics of Policing, Emma K Russell [Routledge, 2020, 162pp, £120 (hardback)]

Smashing the Binary? A new era of legal gender registration in the Yogyakarta Principles Plus 10

<span>This article analyses the potential of Principle 31 of the Yogyakarta Principles plus 10 to smash the gender binary. Principle 31 proposes several innovations with regards to the registration of people’s gender on official documents and/or in state registries. In order to understand the practical meanings of these innovations, the article inspects exemplary jurisdictions that have realised some of the Principle’s suggestions. Queer and feminist theories serve as the normative framework to understand how Principle 31 smashes the static binary gender registration in the form of F and M. Moreover, relying on developments in international law helps to comprehend the context in which Principle 31 was created and its innovative nature. The four central reforms proposed by Principle 31 are discussed in independent sections in the article. They include the elimination of gender markers, unconditional gender recognition laws, the introduction of non-binary legal gender categories and the elimination of the public gender registration. The article concludes that all of these four measures face specific limitations in how they smash the gender binary, but, as a whole, they trouble the naturalised understanding of dichotomous (legal) gender relations. Finally, Principle 31 alerts to the necessity of reducing the naturalised state control over people’s gender assignment, while making sure that where the state (still) has control, it valorises gender diversity outside of a binary frame.</span>

Dialogue on the Impact of Coronavirus on Research and Publishing: Monday 22nd June 2020

<span>This roundtable took place via Microsoft Teams on Monday 22</span>^nd<span> June 2020 to discuss the impact of COVID-19 on Research and Publishing in the UK</span>

Monopoly and Power Implications for Trans Health Care Specialists Working in a Centralised Setting: A Qualitative Study

<p>In the last decade, the range and number of people accessing trans health care has increased at a faster rate than previously. Globally trans health care is commonly used as a requirement for trans people to access legal gender recognition. In Europe, trans health care is often provided within centralised health systems by a limited number of specialist teams placed in monopoly positions. Through a qualitative study, we sought to understand the relationship and role these teams have with legal gender recognition. We conducted in-depth interviews with a team located in Central and Eastern Europe and consulted with local key informants working in trans health advocacy outside the team. After applying qualitative content analysis emerging themes comprised three sections: the team in context; conceptions of trans health care; and beyond the clinic.</p><p>Findings indicated that the team conceived trans identities and clinical needs in a medical framework that correlated with the process for legal gender recognition. This followed a similar historical progression across Europe. As the few respected specialists in the country, the team influenced care regulations within the ministry and held a monopoly position. While reform of some regulations was seen as needed, they were met with challenges within the health system and field. These challenges were, however, found to reflect trans health care globally rather than the team itself. Our findings suggest comparisons could be drawn to similar positioned teams throughout Europe regarding decision making, power, and influence. Increased transparency and cooperation between local trans communities and health care providers will be vital.</p>

The Abolition of Sex/Gender Registration in the Age of Gender Self-Determination: An Interdisciplinary, Queer, Feminist and Human Rights Analysis

<p><br />It is commonly accepted that gender matters (whether cisgender, transgender/trans*, gender non-binary, genderfluid, gender queer, agender, or other) and many are raising awareness about the fact that gender always seems to matter. That gender matters, and always matters, does not necessarily mean, however, that gender needs to be authenticated or endorsed by the state.</p><p>In fact, based on a feminist and queer reading of human rights, this interdisciplinary article asserts that state-sponsored sex/gender assignment through the practice of sex/gender registration must halt. It argues that mandatory (binary) sex/gender registration disproportionately infringes the emerging right to gender identity autonomy and the right to the legal recognition thereof. Most often, our Western heterosexual cultural system of gender, which posits the existence of two oppositional and complementary gender identities, anchored in so-called natural and binary sex, goes hand in hand with material and discursive forms of violence and entails various forms of unequal power dynamics. Hegemonic in nature, the heterosexual cultural system of gender pervasively regulates many (if not every) aspects of all bodies’ lives and being, including by legal means. The law upholds and certifies that specific gender regime, inter alia, by assigning a sex to individuals at birth (through the registration of a claimed evident, objective, natural element to be found on or in the body by inspection). Policies of mandatory (binary) sex/gender registration therefore constitute the cornerstone of the legalisation of the heterosexual cultural system of gender, which produces not only the conventional feminine and masculine gender identity (i.e. women and men) but also sex (i.e. females and males).</p><p>This article suggests that, as long as the law refuses to go beyond the compulsory male/female (or even male/female/other) framework, it will be complicit in upholding the undesired consequences of the heterosexual cultural system of gender, which affect all persons of whatever gender or physical features. Therefore, undoing remaining forms of global gender injustice, as well as respecting, protecting and fulfilling human rights relating to gender identity, requires the abolishment of sex/gender registration instead of expanding the available gender markers. Indeed, this article finds that current state practices do not pursue a legitimate aim, and even if they do, mandatory sex/gender registration does not pass the proportionality test that is required in the assessment of restrictions of fundamental rights. A human rights analysis of official sex/gender in the age of gender self-determination finds mandatory sex/gender registration to be a disproportionate measure and recommends that states change their current practices. Doing so would be beneficial to cisgender and trans* individuals alike.</p>

Legal Gender Recognition in Portugal: A Path to Self-Determination

<p><br />This paper presents research on the enforcement and impact of the first legal gender recognition legislation in Portugal (Law no.7/2011). The study describes how the administrative process created by the law functioned during its initial 5-year period, and identifies challenges and processes of resistance to this legal innovation. Simultaneously, it seeks to assess the impact of the law on the social and psychological well-being of trans people, including in their access to vital spheres of social life such as education and employment. The research employs a mixed-methods approach and a multi-informant methodology: an online questionnaire was completed by 68 trans and non-binary people, and semi-structured in-depth interviews were carried out with various selected stakeholders: representatives of trans and LGBTIQ+ organisations (n=5), health professionals identified as experts in the topic and as gatekeepers in legal gender recognition processes (n=12), and trans people (n=6). Results show, on the one hand, the significant positive impact that legal gender recognition has on the psychological well-being and social welfare of the participants. On the other hand, results also show several challenges and forms of resistance to the implementation of the law, in particular those challenges resulting from the fact that legal gender recognition depended on a clinical diagnosis and the provision of a clinical report.</p>

“State Regimes of Gender: Legal Aspects of Gender Identity Registration, Trans-Relevant Policies and Quality of LGBTIQ Lives”: A Roundtable Discussion

<p>This roundtable took place at the European Conference on Politics and Gender (ECPG) in July 2019. </p><div><br clear="all" /><div><p> </p><p> </p></div></div>

Assessing Norway’s Gender Recognition Act of 2016: Analysing personal experiences of legal gender change

<p><br />In July 2016, a Gender Recognition Act (GRA) was implemented in Norway which allows one to change legal gender (male/female) without the previously required sterilisation. Though this move by the Norwegian state has been widely celebrated by trans rights advocates for its progressive approach to gender recognition, the Act’s limitation to the male/female binary and the lack of concurrent improvement in trans-specific medical access raise concerns about how far-reaching and transformative it actually is. Given the diversity of trans experiences and identities, this article seeks to address the following question: in what ways is the Act on gender recognition capable of empowering those who change legal gender, and in what ways can it prove limiting or detrimental? To answer this, I conducted interviews with twelve individuals who changed their legal gender soon after the Act’s implementation. Applying Thematic Analysis to the interviews, I uncover and analyse moments of empowerment and disempowerment in order to explore the potential of legal gender recognition to shape one’s personhood and citizenship in the Norwegian context.</p>

Framing gender identity registration amidst national and international developments: Introduction to ‘Bodies, identities, and gender regimes: Human rights and legal aspects of gender identity registration’

Introduction to ‘Bodies, identities, and gender regimes: Human rights and legal aspects of gender identity registration’