Across the UK, trans prisoners are individually assessed and, in most cases, housed in prisons that don’t relate to their gender identity.
The issue of where trans prisoners are housed has become a topic of debate following the case of Isla Bryson, a trans woman convicted by a Scottish court of raping two women prior to her transition.
It was reported that Bryson was held at the women’s prison Cornton Vale. Two days after she was found guilty, it was confirmed that she was being moved to a men’s prison.
First minister Nicola Sturgeon said: “I don’t see how it’s possible to have a rapist within a female prison, even the understandable public and parliamentary concern. …
“And I hope that provides assurance to the public presiding officer, not least to the victims, in this particular case.”
The Scottish Trans project has reported that Bryson was held in segregation at Cornton Vale while a risk assessment was carried out. As it explained, this is how the Scottish Prison Service’s policy works.
“The risk assessment decided, not surprisingly, that she [Bryson] should not be held in the women’s estate. This is what we would expect for a person convicted of rape,” Scottish Trans said on Twitter.
The service decides where to house trans prisoners on a case-by-case basis.
Scottish Trans added: “It is right that this should be decided on an individualised risk assessment basis.
“For example, a trans woman transitioned for 20 years, who is in prison for a non-violent offence like financial fraud, might pose no risk to other women in custody, but be at significant risk herself if accommodated on the male estate.”
It added that the risk assessments do not depend on whether or not the inmate has a Gender Recognition Certificate (GRC). This means Scotland’s vetoed Gender Recognition Reform Bill, which would make it easier to obtain a GRC, would not affect the prison service’s policy in Scotland.
Under the reforms, the Ministry of Justice has said transgender women with “male genitalia” – or those who have been convicted of a sexual offence – should no longer be held in general women’s prisons.
The ministry said this will “create a strong presumption” but also allow for exemptions to be considered by ministers on a “case-by-case basis”.
However, the department noted that only the “most truly exceptional cases” will be considered.
How many trans men and women are there in prison?
According to the BBC, as of September 2022 there were four trans men in Scottish prisons, one of whom was held in a men’s prison. Of the 11 trans women, five were in women’s prisons.
Data published in November 2022 by the Ministry of Justice shows there are 230 transgender prisoners out of a prison population of 78,058 in England and Wales.
Of these 230 prisoners, 168 identified as trans women, 42 as trans men, 13 as non-binary and seven identified in a different way or did not provide a response.
“Most transgender prisoners were in the men’s estates,” the report read.
“181 transgender prisoners were in male estates and 49 were in female estates. There were six transgender women in female establishments.”
While a full breakdown of which trans prisoners were held in the prison corresponding to their gender identity was not given, it is clear that of 168 inmates identifying as trans women, only six were housed in women’s prisons.
The report added that the figures of trans inmates are “likely to underestimate the true number”. The numbers do not include trans prisoners with a Gender Recognition Certificate, of which there are 11.
After a long period of restoration, one of Italy’s most famous archaeological treasures — the House of the Vettii — is reopening to the public.
The house’s extensive collection of fresco wall paintings includes lots of erotic art. But while some commenters have claimed that the house’s original owners were preoccupied with sex or even running a brothel, a gay Roman historian has said that those claims show a misunderstanding about the role queer sex played in ancient Rome.
The house was originally constructed for two freed male slaves who were likely owned by the same master. These men became wealthy from selling wine, and their now-famous house included numerous scenes of sex and mythology, painted on wet plaster and preserved in wax.
Mount Vesuvius buried the house in volcanic ash in 79 AD, but it has since been restored, giving art history fans a time capsule of wealthy Roman social life.
The house’s entrance includes an image of Priapus, the god of fertility and abundance, showing off an uncut penis that’s as long and thick as his arm. It rests upon a scale, balanced by a bag filled with money. Other scenes show different couples having sex.
João Florêncio, a gay researcher who examines visual depictions of sexual cultures throughout history, says that it’s a mistake to assume that Roman men resembled modern-day gay men just because they owned art of a well-hung god and often had sex with other men.
“Roman sexuality was not framed in terms of the gender of partners but in terms of power,” he added. “An adult free man could have sex as the penetrating partner with anyone of a lower social status—including women or slaves and sex workers of both genders.”
The researcher said that evidence of same-sex intercourse has been preserved in Pompeii’s sexually explicit artifacts and graffiti, but a lot of it has been disavowed or at least purified by mainstream modern culture. A lot of these artifacts were designated as “pornography” and moved to “secret museums” in the early 1800s.
While a modern man wouldn’t likely display the image of a well-endowed man in his home unless he was gay, Florêncio points out that phallic imagery in Roman culture was associated with machismo. Some men might have desired Priapus’s large dong, but far more men would’ve likely envied it for their own, as a sign of their own potency and power.
Florêncio also noted that, while some historians believe the house doubled as a brothel, he said the sexual images may have just functioned as domestic symbols of power, wealth, and culture, especially since sex wasn’t taboo in Roman culture. Indeed, images of sex were “everywhere in Rome, including in literary and visual arts,” he writes.
When Gad Yola hit the red carpet on December 20th, 2022, the 34-year-old Peruvian drag queen wanted to make a statement. Nearly 6,000 miles away from her home, Yola was far from the political crisis unfolding across Peru. So on her white dress, she bedazzled the words “25 Peruvians killed by the state”—a reference to the number of people who had died since protests erupted across the Andean nation.
Her dress quickly went viral on Twitter, and she received both messages of support and hate from Peruvians around the globe. Her artistic gesture is just one example of how LGBTQ+ Peruvians are making their voices heard in a political crisis that has persisted for nearly two months.
On December 7, 2022, former President Pedro Castillo rocked Peru’s democracy. Facing a vote for his impeachment, Castillo attempted a “self-coup”—a complete power grab by someone already in power. With trembling hands, the embattled president announced to the nation that he was unilaterally dissolving Congress and would rule the country by decree.
For Peruvians, this announcement was shocking, but it was not unprecedented. More than 20 years ago, former President Alberto Fujimori successfully pulled off this political machination and remained in power for another eight years. Fujimori, though, had the backing of the National Police of Peru and the Peruvian Armed Forces before he made this risky move; neither institution backed Castillo.
https://www.youtube.com/embed/nXyFgvCfyHI?feature=oembedPedro Castillo reads a statement announcing his decision to dissolve Congress and rule by decree.
Shortly after the announcement, ministers in his cabinet resigned, members of his political party, Peru Libre, denounced him, and his Vice President, Dina Boluarte, condemned the move. A couple of hours later, Congress successfully voted to impeach Castillo. Castillo was arrested and brought to a detention facility when he tried to seek asylum in the Mexican embassy; he currently remains in pre-trial detention.
Later that day, Boluarte was sworn in as President, and many members of Congress celebrated the ouster of an opponent they sparred with for the entire duration of his presidency.
Their celebration was short-lived.
On December 8th, just one day after Castillo’s arrest, protests began to sprout around the country.
Castillo was Peru’s 5th president in five years. He was also the first president to be of a peasant and indigenous background. His ouster, and Boluarte’s subsequent rightward shift, was taken as a sign by the historically marginalized groups of Peru that the country’s democracy is not an institution that works for them. Many believe Castillo was a victim of a conservative Congress hellbent on preventing an indigenous person from ruling effectively.
So they took to the streets.
In cities and towns all over Peru, aggrieved protesters began marching to demand political change. Their demands included the following: President Boluarte’s resignation, a constituent assembly to draft a new constitution, earlier elections, and for some, the liberation of Castillo.
From Cusco to Lima, protesters have been demonstrating their dissatisfaction with the state of their country. They have set up roadblocks and taken over airports. And in one case, a politician’s home was set on fire. Meanwhile, police have killed 46 people, some of whom were medics and bystanders, and injured dozens of others. One police officer was also killed due to the unrest, and at least ten people died in ambulances after being unable to reach hospitals due to blockades.
In addition to the anti-establishment protests, there have also been marches billed as “Marcha Por La Paz” or “March for the Peace.” These peace marches are right-wing and pro-police. And due to the march’s collaboration with the police, they have often inflamed tensions between the two sides.
Despite the assumption that LGBTQ+ rights are a left-wing cause, supporters and queer Peruvians are spread across the political spectrum. The political crisis has divided members of the queer community about how to resolve an increasingly intractable conflict.
Shortly after Boluarte was sworn-in, several LGBTQ+ activists and organizations condemned the violence at protests calling for her resignation.
Promsex, one of Peru’s most prominent LGBTQ+ and intersex rights groups, addressed the new president in a statement on Twitter.
“We demand that the Executive Branch guarantee the safety of all people, including that of law enforcement personnel, and that there be no more deaths in the democratic and legitimate exercise of the right to protest,” the organization tweeted.
However, since that statement was released, the violence has escalated, and so has the intensity of statements from left-wing LGBTQ+ groups. On January 21st, the Lima Pride March Collective released a statement calling for one of the primary demands of the anti-Boluarte protestors—new elections.
“As LGBTI people, we demand a prompt democratic exit [from this crisis] through the advancement of elections in the shortest term possible,” the statement said.
The Collective changed their name on Twitter to #NuevasEleccionesYa (new elections now), accompanied by the Peruvian and pride flags.
Jorge Apolaya, a spokesperson for the group, spoke to LGBTQ Nation about why he supports the marches.
“[LGBTQ+] organizers have the responsibility to speak out and denounce what is contrary to democracy and therefore to the rights of LGBT people,” he told LGBTQ Nation. “The government of the current president Dina Boluarte has become repressive and violent in the face of legitimate protests in the country. We cannot allow more deaths, and that is why there is a social consensus in the request for the resignation of the current president.”
Jorge (right) at the protests at Plaza San Martin in Lima.
The consensus does not extend to all LGBTQ+ Peruvians. La Liga Libertad, a classically liberal group founded by LGBTQ+ people, has called the protesters’ demands, including the demand for Boluarte to resign, “anti-democratic.” They have described protesters’ attempts to take over national airports as “terrorism,” echoing Boluarte’s characterization of the ongoing unrest.
La Liga Libertad did not respond to LGBTQ Nation’s request for comment.
It is not only left-wing LGBTQ+ groups who favor Boluarte’s resignation. Popular Action (Acción Popular) is a centrist political party. One of its members, queer activist Manuel Siccha, spoke with LGBTQ Nation.
“Currently, the position [of the Party] is to request the resignation of President Dina Boluarte based on her lack of legitimacy to govern,” Siccha said. “You cannot govern without social legitimacy and she alone has been losing legitimacy little by little with the decisions she has made from actions which are dehumanizing and authoritarian.”
Siccha also told LGBTQ Nation that he believes the Boluarte administration does not have the capacity to respond to the urgent political needs and the agendas of vulnerable populations, including LGBTQ+ populations.
The division among the queer community is also visible among Peru’s two out members of Congress. Although both voted for Castillo’s impeachment in December, they diverge significantly in how they approach the conflict.
Susel Paredes is the first out lesbian to win a congressional election in Peru. A progressive member of Congress, she voted against giving Boluarte’s cabinet a vote of confidence two weeks ago due to the more than 50 deaths which have occurred since protests first broke out.
Alejandro Cavero, a conservative congressman from the Avanza Pais political party, has said he is “LGBT and proudly of the right.” While Cavero said he understands the “frustration and indignation of the South,” he also praised police reactions to the violent protests.
A Twitter interaction between Members of Peruvian Congress Paredes and Cavero shows the two arguing about an incident that occurred at San Marcos University on January 21, 2023.
Other LGBTQ+ Peruvians who spoke with LGBTQ Nation expressed a similar sentiment to Cavero.
“It’s definitely a midway support,” said Vero Mourou when asked if she supports the protests. Mourou is a drag artist from Iquitos, the largest city in the Peruvian Amazon. Like Cavero, she is sympathetic to the plight of the poor and indigenous Peruvians protesting. However, she blames the “communist left” for taking advantage of the situation.
“[The left] has caused innocent people to die like a cannonball for their own political interests, such as the constituent assembly. They use their pain and suffering for political purposes. I am against any act of violence disguised as protest…we cannot allow anarchy in Peru.”
As Peruvians inside the country express varying opinions on this conflict, many Peruvians abroad are also speaking out, including Yola. Based in Madrid, Yola spoke with LGBTQ Nation about why she supports the protests.
“Dina Boluarte has committed crimes against humanity, has murdered in the name of a false democracy that does not represent the inhabitants of the country, both in the provinces and in the capital,” she said.
Yola acknowledges that some on the left are homophobic and transphobic, including the former president. However, she believes that certain struggles must come before LGBTQ+ rights.
“Many gay people…do not see beyond the privileged reality of Lima, because they do not see that before being gay or lesbian, they are brown, descendants of indigenous people, of black people, that the agenda against the fight against poverty in the regions is, honestly, more relevant than same-sex marriage.”
Gad Yola wears a dress that says: “25 Peruvians killed by the state.”
One of the most conservative countries in South America, Peru does not have a stellar record on LGBTQ+ rights. Regardless of the outcome of this political crisis, the situation for queer and trans Peruvians is unlikely to change dramatically. However, as the nation struggles through nearly two months of unrest, LGBTQ+ Peruvians continue to make their voices heard and fight for their future.
Harrowing new BBC documentary Queer Egypt Under Attack uncovers how violent criminal gangs and corrupt Egyptian police officers use online dating sites to target the LGBTQ+ community.
Journalist and presenter Ahmed Shihab-Eldin undertook a two year long investigation for BBC News to uncover the tactics used to lure, and eventually prosecute, LGBTQ+ people in Egypt.
Although Egypt does not currently have specific legislation banning homosexuality, this has not stopped the queer community from being repeatedly targeted with abuse and exortion.
Shihab-Eldin, who grew up in Egypt, explained: “Friends there tell me that the atmosphere has recently become far more brutal, and the tactics for tracking down LGBT people more sophisticated.”
As Shihab-Eldin discovered, police initiate text conversations on dating apps such as WhosHere and Grindr, encouraging people to meet up with them. They then charge them under a “debauchery” law, often fabricating evidence against LGBTQ+ people who are simply looking for love and friendship.
Reporter, Ahmed Shihab-Eldin, spent his teenage years in Egypt. (BBC)
The law targets sex work and is a key way LGBTQ+ people are persecuted in Egypt, and the documentary meets real people who have fallen prey to these manipulation tactics, for which the punishment can be a hefty fine and even imprisonment.
Gangs are also targeting vulnerable people on dating apps by filming violent humiliation videos which they send to the victims’ friends and family.
In one clip, Shihab-Eldin meets with an anonymous victim who was featured in a viral video of this nature, and uncovered the chain of blackmail associated with this gang violence.
Another victim, Laith, described how he was simply meeting an acquaintance for a date when police seized him and threatened to fabricate evidence unless he agreed to be an informant.
After Laith refused to cooperate he was charged with “habitual debauchery”, which criminalises regular same-sex practices between men.
The documentary also explores how foreigners are also at risk, with one person, called Matt, lured by police via Grindr, arrested and eventually deported.
Although dating apps are cracking down on these tactics by issuing warnings about potential police presence, the LGBTQ+ community still remains under attack.
M23 rebels in Congo’s North Kivu province have displaced a number of transgender people and left them even more vulnerable to persecution.
M23 rebels last November approached Goma, the province’s capital city, and forced around 180,000 people to leave their homes. Jérémie Safari, coordinator of Rainbow Sunrise Mapambazuko, a Congolese LGBTQ and intersex rights group, told the Washington Blade that residents of the Kibumba camp where displaced people have settled have refused to assist trans people and have accused them of being sorcerers.
“Trans people went (through) war like everyone else,” said Safari. “In the Kibumba camp where the displaced have settled, the local community there has refused trans people access, accusing them of being sorcerers, bad luck charms and of being the origin of the war following their evil practice.”
Safari said other displaced people who did not want trans women in the camp have attacked them. Safari said these trans women currently sleep in the street in Kibumba without food.
Safari, in addition, said the government has done little to help these displaced trans people, even though consensual same-sex sexual relations are not criminalized in the country.
“The displaced people received help but not the trans people since they do not live in the camp and also the government is still extremely hostile towards LGBTIQA+ organizations in the DRC (Democratic Republic of the Congo). No LGBTQA+ organization can be legally recognized by the Congolese State,” said Safari.
Safari saidRainbow Sunrise Mapambazuko currently needs funds to provide housing, food and medicine to the displaced trans people.
“If we could have $7,000 (U.S. dollars) firstly for their survival, since we are afraid of their life and their health which is in danger, that would be of immense help,” said Safari.
The M23 since last May has demonstrated increased firepower and defensive capabilities that have enabled the group to overrun U.N.-backed Congolese troops and hold territory.
The U.N. says the fighting between Congolese troops and M23 rebels has forced nearly 200,000 people to flee their homes.
Human Rights Watch has called upon the U.N., the African Union and governments to publicly denounce M23 abuses found to have been committed by other combatants, maintaining sanctions against senior M23 commanders and expanding them to those newly found responsible for serious abuses and senior officials from across the region complicit in them. Human Rights Watch also said any political settlement should not include amnesty for those responsible for human rights abuses and prevent responsible M23 commanders to integrate into the Congolese armed forces.
“The government’s failure to hold M23 commanders accountable for war crimes committed years ago is enabling them and their new recruits to commit abuses today. Civilians in eastern Congo should not have to endure new atrocities by the M23,” said Thomas Fessy, a senior DRC researcher at Human Rights Watch.
M23 sprung from elements within the Congolese army in 2012.
The rebel group claims it is defending the rights of Congolese Tutsi and originally comprised of soldiers who participated in a mutiny from the Congolese army in April-May 2012. They claimed their mutiny was to protest the Congolese government’s failure to fully implement the March 23, 2009, peace agreement — M23 derives from this date — that had integrated them into the Congolese army.
The Congolese army and the U.N. Force Intervention Brigade defeated M23 in November 2013, and its members fled to Rwanda and Uganda. The group re-emerged in November 2021.
New data from the census 2021 confirms that more and more young people feel safe enough to come out as LGBTQ+.
Having released census data which captured the size of England and Wales’ LGBTQ+ population for the first time, the Office for National Statistics (ONS) has now shared a breakdown of the community by age and sex.
The statistics, published Wednesday (25 January), found that the 16-24 age group had the highest proportion of lesbian, gay and bisexual people.
Of the group, 6.91 per cent, 436,000, said they were lesbian gay or bi (the data did not consider gender identity).
This is more than twice the percentage (3.16 per cent) of the overall population.
Within the age bracket, four per cent identified as bisexual (252,000 people).
The new census data also reveals there are more queer women than men – 3.32 per cent of women (830,000) said they were LGB+ compared with 3 per cent of men (706,000).
Women were twice as likely as men to identify as bisexual (1.76 per cent vs 0.78 per cent), while men were more likely to identify as gay (1.95 per cent vs 1.15 er cent).
More males in England (3.02 per cent) identified as LGB+ than in Wales (2.65 per cent). Among women the percentages were almost identical – 3.32 per cent in England and 3.33 per cent in Wales.
The census data confirms that young people feel more comfortable identifying as queer, and that they are more likely to fall somewhere in the middle of the Kinsey scale.
Raquel, 21, is a bisexual cis woman and an ambassador for the LGBTQ+ young people’s charity Just Like Us.
She told PinkNews: “I think I feel so comfortable calling myself bisexual because we are all more informed and educated nowadays about different sexual orientations, so when I began to understand myself and who I am attracted to, it was very obvious to me that I was indeed bisexual.”
“Although I was not surprised to see that the younger populations identify more with LGBT+ labels, as there is less stigma and knowledge in the area, I think it should be equal throughout all age groups. I think the reason that older age groups do not identify as LGBT+ is because of a lack of education and negative stereotypes that unfortunately are difficult to unlearn. It is sad to think that there may be a lot of adults over 24 that may be LGBT+ but they don’t know or are too scared to come out.”
New census data is ‘a wake up call’ to politicians
LGBTQ+ charity Stonewall described the new cenus data as a “wake up call” to politicians, saying that the “Rainbow Generation” is the future.
“This data will allow national and local government to tailor their services, for example, we know that LGBTQ+ people can face discrimination in care settings – this will help in commissioning of care for older LGBTQ+ people,” Stonewall said.
“Soon these generations will be the biggest section of our workforce, the people who will be consuming our media, the talent pipeline for our sports, the audience for our cultural output, the people we want to nurture as our future voters.”
Nancy Kelley, chief executive of the charity, described the new data as another “historic” step forward after centuries of LGBTQ+ invisibility.
“This data is a reminder that our leaders, institutions and governments need to step up efforts to truly champion our communities rather than using our lives in a ‘culture war’ that does not resonate with the experiences and values of voters,” she added.
Dominic Arnall, chief executive of Just Like Us, said: “Sadly, we know that young LGBT+ people face disproportionate challenges, including being twice as likely to face bullying as their straight peers.
“The census data makes it clearer than ever that issues of bullying must be tackled and that inclusive education should be the norm across the UK, so that the increasing number of openly LGBT+ young people can thrive in schools which are happy, welcoming and safe environments.”
In January, census data revealed the size of the LGBTQ+ population in England and Wales for the first time.
Around 1.5 million people (3.2 per cent) identified themselves as LGB+, while 43.4 million people (89.4 per cent) identified as straight or heterosexual.
A total of 748,000 described themselves as gay or lesbian, 624,000 described themselves as bisexual, and 165,000 selected “other sexual orientation”.
More than 260,000 people identified themselves as trans.
Police officials in London have warned people who use Grindr of an alarming string of robberies associated with the hookup app.
Between December 31 and January 9, four men were drugged and robbed by two men who Metropolitan Police officials say they met on Grindr.
The victims reported agreeing to meet up with individuals from the app but that they became unconscious during the encounter and woke up realizing they had been robbed of their belongings, according to a Metropolitan Police statement.
The drugs did not cause lasting damage to the victims, but the suspects were able to flee the country, police officials said.
Now London detectives are appealing to the public and asking anyone with information or who may have been a victim themselves to reach out.
“We believe other victims may have been targeted,” detective superintendent Dan O’Sullivan said.
“However, for personal reasons, [they] may not have wanted to report it. If you have been a victim, you can report in confidence to us or speak to an officer from the LGBTQ+ community.”
Before meeting up with people they met on Grindr, users are advised to consider their safety. Police officials recommend telling a trusted person about one’s arrangements, watching one’s drinks for signs of tampering, and removing valuables from sight.
One should also verify the identity of somebody one may meet up with by insisting on getting video or photo proof that the person is who their profile photo claims they are.
Other tips include using messaging apps instead of social media accounts to communicate for added security and using reverse image search tools to check on the authenticity of any photos a potential connection sends.
“Although the suspects have fled the country and the risk to the community is reduced, we are continuing to engage with our partners and those from LGBT independent advisory groups,” O’Sullivan said.
So-called “conversion therapy” has “no place in a human rights-based society”, according to the EU commissioner for human rights.
Bosnian EU official Dunja Mijatović wrote in a Thursday (16 February) report that the controversial practice is “dangerous” and should end.
Conversion therapy is an abusive attempt to change an LGBTQ+ person’s sexuality or gender identity through psychological manipulation, often carried out by religious or medical institutions and often following pressure from family members.
Not only does the practice not work, but it can also leave behind immense trauma and mental health issues for those subjected to it.
“These interventions continue to take place across Europe, often lawfully and commonly under the guise of medical or religious tenets,” Mijatović explained.
“Despite the profound and long-lasting harmful effects that these practices can have, many victims are left with neither recognition of the harms that they have endured, nor redress.
“This must end.”
Dunja Mijatović said conversion therapy bans must ‘comprehensive’ and hold businesses accountable. (Getty)
According to the human rights commissioner, conversion therapy typically takes one of three forms – psychotherapy, medical intervention, and faith-based intervention.
Businesses that actively profit from the harmful exercise can often continue to function due to “legislative discrepancies” that allow them to relocate to countries where it is still legal.
“These practices conflict with an overwhelming consensus of international human rights and scientific bodies,” Mijatović added.
“Current efforts by member states to adopt legal bans on conversion practices are a welcome development.
“These bans must be drafted with care and be as precise as possible so that they respect the principle of legal certainty and are in line with human rights framework.”
Due to the unregulated nature of conversion therapy, it’s difficult to pinpoint how frequently it is practised in EU member countries.
While a study from the European Parliament estimated at least 2 per cent of LGBTQ+ Europeans have been subjected to conversion therapy, Mijatović clarified that the number could be higher “since they often take place under secretive conditions.”
“I am also particularly troubled by findings that, globally, children and young adults are at far greater risk of being subjected to them,” she wrote.
Tackling these manipulative exercises requires increased awareness and a plan to eliminate conversion therapy institutions, according to the EU official.
“I have observed an increased awareness of conversion practices in our region, and a recent impetus toward confronting them.
“It is essential for states to address political or social anti-LGBTI discourse presenting LGBTI people as deviant or abnormal,” she continued. “Such rhetoric is likely to foster a culture in which LGBTI people are forced or feel pressured to undergo conversion practices.”
In the latest blow to trans people in Hungary, the country’s Constitutional Court issued a ruling that will continue to block new applications from transgender people for legal gender recognition. The judgment effectively creates two categories of trans people in Hungary: those who applied early enough to pursue gender recognition and those who did not.
In 2020, Hungary’s parliament passed a law banning transgender or intersex people from legally changing their gender, putting them at risk of harassment, discrimination, and even violence when they need to use identity documents. In 2021, the Constitutional Court ruled the ban on legal gender recognition does not apply retroactively, so trans people who started their legal process before May 29, 2020, were able to continue doing so. But yesterday the Constitutional Court rejected a petitioner’s plea that they be recognized based on an application submitted in 2021.
Hungarian jurisprudence already contains strong support for transgender and intersex people’s rights to legal recognition. A 2018 Constitutional Court ruling found that Hungary’s Fundamental Law requires the state to allow trans people to self-identify. “The right to bear a name” consistent with one’s gender, the court found, “is a fundamental right deductible from the right to human dignity.”
“The Hungarian government’s practice sanctioned by the Constitutional Court is one of total disenfranchisement,” said Eszter Polgári, legal program director of Háttér Society, a Hungarian (Lesbian, gay, bisexual and transgender) LGBT rights group.
Háttér Society plans to take the case to the European Court of Human Rights. There is an emerging norm across Europe to eliminate barriers to legal gender recognition, not create them as Hungary has. In a 2002 case, the court held that refusal to change identification documents in the UK could amount to discrimination and violate the right to privacy. In another case in 2003, that court found Germany had failed to respect “the applicant’s freedom to define herself as a female person, one of the most basic essentials of self-determination.”
The Constitutional Court invoked concerns about criminality and health care in rejecting the petition, claiming someone’s sex assigned at birth is critical to know in health care and legal settings. Such claims, as a reason to reject legal gender recognition, do not stand up to scrutiny. The Hungarian government’s insistence on undermining the dignity of trans people is contrary to the right to private life and does not hold up against Hungary’s international and European human rights obligations.
Spain has passed sweeping reforms of its gender recognition laws to allow self-ID for trans people from the age of 16 without the need for a psychological or medical evaluation.
Lawmakers in Madrid passed the reforms on Thursday (16 February) by a vote of 191 to 60, with 91 abstaining.
The reforms mean that trans Spaniards will no longer be required to file medical documents in order to change their gender markers on official documents such as birth certificates.
Additionally, no diagnosis of gender dysphoria or proof of two-year hormonal treatment will be necessary.
Trans young people under 16 will also be allowed to apply for changed gender markers with the consent of parents or guardians, while those aged 12 or 13 will need a judge’s permission.
Trans people over 16 in Spain will now be able to change gender markers without medical intervention. (Getty)
“Today we have taken a giant step forward,” equality minister Irene Montero said.
“This law recognises the right of trans people to self-determine their gender identity, it depathologises trans people. Trans people are not sick people, they are just people.”
Spain joins countries such as Denmark and Switzerland in its decision to pass the self-ID laws.
“We’re celebrating the fact this law has passed after eight years of tireless work to obtain rights for the trans community,” LGBTQ+ advocacy group FELGBTI+ head Uge Sangil told AFP outside parliament.
“We’re winning human rights with the free determination of gender.
“From today, our lives will change, because we are not ill,” Sangil continued.
It passed through the lower house of Spain’s parliament in late December following a vote of 188 to 150, despite the growing divide between Spain’s coalition government on the subject.
Maria Jesus Moro of the right-wing Popular Party, who opposes the law, claimed it was “too hasty” and had somehow “caused a lot of suffering”.
Spain is miles ahead of UK on trans rights
The vote comes following the divisive decision by the UK government to block a gender recognition reform passed by Scotland’s parliament.
The law would have made it easier for Scottish trans people to change gender markers on their ID and legal documents by minimising the wait time and minimum age.
The announcement by the government that it would invoke Section 35 to block gender reforms was met with overwhelming backlash, as well as renewed calls for Scottish independence.
Scotland’s outgoing first minister Nicola Sturgeon called the decision a “full frontal attack on democracy” following the announcement on 16 January.
“The Scottish government will defend the legislation and stand up for Scotland’s parliament,” she added.
“If this Westminster veto succeeds, it will be the first of many.”
Following the controversy, Westminster said it would block similar reforms proposed by Wales if they were to go forward.
An LGBTQ+ action plan by the Welsh government outlined a set of improvements that would help trans people obtain gender-recognition certificates.
But the concept was shut down before it had a chance to move forward, with a spokesperson of the UK government’s equalities office telling PinkNews that it would not budge on preventing further changes to the Gender Recognition Act.
“We share the concerns that others have set out with proposed reforms to the GRC application process, particularly around safety issues for women and children,” a spokesperson said.
“As a result of this, there are no plans to reform the Gender Recognition Act in England or Wales.”
