Stonewall response to EHRC letter to the Scottish Government on Gender Recognition Act reform

Colin Macfarlane (he/him), Director of Stonewall Scotland and Northern Ireland said:

“The mandate of the Scottish Government and the majority of political parties in the Scottish Government to reform the Gender Recognition Act is overwhelming. The proposed reforms are one of the most consulted on in the Scottish Parliament’s history. In May this year, the Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee undertook ten weeks of detailed evidence on the proposals hearing from a wide range of witnesses both in favour and opposed to the reforms.  Later this month MSPs will begin debating the proposed Bill.

While we welcome the Equality and Human Rights Commission’s call for the Scottish and UK Governments to work together to implement this legislation, we believe that this intervention from the Commission only continues to undermine their credibility in Scotland on this matter. Up until February this year, the Commission were supportive of the proposals and they have so far failed to provide any evidence to back up their new found opposition to moving to a de-medicalised model for legal recognition in line with international best practice as proposed by the Scottish Government. 

Issues of cross border recognition of Gender Recognition Certificate changes would not be difficult to navigate given that the UK already recognises equivalent certificates from all EU/EEA countries, including by countries which have a de-medicalised model of legal gender recognition. These birth certificates are automatically recognised in England and Wales. The Commission has failed to provide any credible evidence as to why Scotland would be an outlier if these reforms are passed.’’