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A 2012 rally for trans identities to be enshrined in Irish law. Sasko Lazarov/Rollingnews.ie

Children would be able to get full gender recognition under new proposals

Minister Regina Doherty said she would consider the best way to implement the recommendations in the report.

A REVIEW OF the Gender Recognition Act commissioned by the government has recommended reforming the process to allow children to have their gender legally recognised under a number of conditions.

Under the 2015 act, trans adults over the age of 18 can enter into a process to have full legal recognition of their gender, but the process is more difficult for 16-17 year olds, and not possible for those under that age.

The proposals published by Minister for Social Protection Regina Doherty today would see a system of gender recognition be introduced for children where parent consent was acquired, third-party support for the child and family, and a straightforward revocation process.

Furthermore, it proposes a system of gender recognition to be introduced for people who are non-binary – which the department described as a catch-all term for gender identities that fall outside of male or female.

Monnine Griffith, chair of the review and executive director of Belong to Youth Services said that implementing the report’s recommendations would “change the lives of trans, non-binary and intersex young people across Ireland”.

Gender recognition

The Gender Recognition Act allows individuals to apply through the Department of Social Protection for certificates so they can be legally recognised by the State under the gender they identify.

Following the battle of Irish transgender woman Lydia Foy, who spent 20 years of her life involved in a difficult and complex litigation to have her gender legally recognised in the Irish State, the Oireachtas passed the Gender Recognition Act in 2015.

Where a gender recognition certificate is issued, a person’s gender shall from the date of that issue become, for all purposes, the preferred gender. If the preferred gender is the male gender the person’s sex becomes that of a man, and if it is the female gender the person’s sex becomes that of a woman.

The Act provides a process enabling trans people who are over 18 to achieve full legal recognition of their self-identified gender. This new review recommends provisions for those under that age to get the same recognition.

Other recommendations in the new report relate to birth certificate reference numbers, costs and privacy associated with official documents and the provision of information.

Griffith said: “Trans young people and their families tell us how vital it is to their everyday lives to have access to legal documents that reflects their true gender such as passports, birth certificates and other official records.

Young trans people do not just wake up one morning and decide that they want to change their legal gender. This happens after a period of social transition, living in their preferred gender. What is clear from the young trans and non-binary people that we work with is, however is that having access to legal gender recognition will have a hugely positive impact on their lives, self-esteem, self-worth, and well-being.

Also responding to the report, Free Legal Advice Centres CEO Eilis Barry urged the government to act on these recommendations now.

She said: “There is now a clear onus on the Minister for Employment Affairs and Social Protection to ensure that legislation to give effect to the proposals is introduced when the Dáil reconvenes.

There are many legal issues affecting trans people including the need to amend the Equal Status Acts and Employment Equality Acts and we call on the government to address these as a matter urgency.

The Department of Social Protection said in a statement that Minister Doherty was considering the implications of these recommendations and how they could be best put in place.

With reporting from Christina Finn

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25 Comments
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    Mute Robin Basstard
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    Oct 18th 2016, 8:39 AM

    He should contact the Barack Obama Plaza, Junction 23, M7, Moneygall…I would say he has a good chance of getting something…think they are hiring.

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    Mute Old Gabby Johnson
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    Oct 18th 2016, 8:32 AM

    He’ll be missed.

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    Mute Pádraig Ó Raghaill
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    Oct 18th 2016, 9:31 AM

    I’m sure the Middle East won’t miss him

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    Mute Brinster
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    Oct 18th 2016, 2:00 PM

    @Pádraig Ó Raghaill:

    Depends on who replaces him.

    If its Trump, who seems intent on using nuclear weapons, then yeah, I’d say he’ll be missed.

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    Mute John Flood
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    Oct 18th 2016, 9:20 AM

    Great four part BBC look at his presidency. Part two next Sunday. Part one reminded me of how bad things were eight years ago. Obama steered America out of bankruptcy, and the world out of another Great Depression.

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    Mute Pádraig Ó Raghaill
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    Oct 18th 2016, 9:33 AM

    You’re delusional
    It is sitting in one massive debt bubble waiting on a pin. Anything looks good when an economy was so devastated. GFC reloaded is on the horizon, don’t kid yourself.

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    Mute John Flood
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    Oct 18th 2016, 9:48 AM

    Made a comment on past events involving Obama. Nothing more.

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    Mute Pádraig Ó Raghaill
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    Oct 18th 2016, 10:05 AM

    Think this is a bit more accurate, to be honest

    Hopeless: Barack Obama and the Politics of Illusion
    https://www.amazon.com/Hopeless-Barack-Obama-Politics-Illusion/dp/1849351104

    “Those who feel that like lemmings they are being led over a cliff would be well-advised not to read this book. They may discover that they are right.”—Noam Chomsky

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    Mute Niall O Neill
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    Oct 18th 2016, 1:06 PM

    Nim Chimpsky has the ecology of lemmings all wrong – what else might he be wrong about?

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    Mute Niall O Neill
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    Oct 18th 2016, 1:07 PM

    Or even Numb Chumsky

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    Mute willking1
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    Oct 18th 2016, 4:33 PM

    Is that Obama’s fault?

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    Mute Karen Kelly
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    Oct 18th 2016, 6:52 PM

    @JohnFlood, why didn’t you tell us earlier?!!

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    Mute Eoru80
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    Oct 18th 2016, 8:47 AM

    Between this, his Jaunt with Bear Grills and I’m sure other T.V appearances in the vein of celebrity …. This president has always seemed obsessed with portraying and maintaining a “cool” factor. I was happy to see him get voted at the time as thought it could have been progressive. Have to say though .. I think I’ll only really remember him as a “showbiz” president. A little bit fluffy and lacking any real substance

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    Mute Liam Treacy
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    Oct 18th 2016, 9:08 AM

    Are you for real? Look at the economics statistics before and after, the war record before and after, healthcare before and after, and the image of the USA before and after? All that while being blocked by the Senate at every hands turn. The best president for a long long time.

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    Mute JJ O Riordan
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    Oct 18th 2016, 9:08 AM

    His progressive goals were completely stifled by the 2 conservative right leaning houses. Any forward thinking ideas were snuffed out as the notions of the looney left, then the American right spun it as him doing nothing.

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    Mute Phil Blanc
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    Oct 18th 2016, 9:14 AM

    @JJ O Riordan: Only real shame was that he didn’t go nuclear on gun crime after Sandyhook. I don’t know if it was reluctance on his part to put it all on the line or if he genuinely though such a horrific tragedy would see the country unite behind gun control laws.

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    Mute Mick Jordan
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    Oct 18th 2016, 9:32 AM

    Are you for real Liam? Look at the stats? Nearly doubled the debt, went and done the complete opposite in every promise he made to get elected, oh I could go on for much longer but I can’t be bothered, one of the worst presidents in a line of bad ones, no doubt about it. Yer haw

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    Mute Rob Cahill
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    Oct 18th 2016, 9:56 AM

    @Mick Jordan: You lot keep saying look at the stats. They look a lot better than they did when that cabbage bush was in charge.

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    Mute Frank's Cat
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    Oct 18th 2016, 12:33 PM

    Mick, Bush v2.0 tripled the US national debt which had come down under Clinton. Strange we don’t hear more about that from Republicans. Obama inherited an economic and financial system on the verge of collapse (thanks again Bush v2.0) which left little or no option but to do some Keynesian borrowing to prevent complete meltdown.

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    Mute John Campbell
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    Oct 18th 2016, 8:46 AM

    With the mess the world is in just now and the major part Mr. Obama’s policies played in bringing it about he should make a quiet dignified exit off the world stage.

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    Mute Anton Friendo
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    Oct 18th 2016, 9:07 AM

    @John Campbell: I am sure he will be just fine

    Strange times when Fox discuss real news

    https://www.youtube.com/watch?v=Yql7iOiKNtU

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    Mute Peter Pistolé
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    Oct 18th 2016, 9:09 AM

    Yeah, cause Bush’s policies brought us to the brink of world peace. Damn you Obama!!

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    Mute Liam Treacy
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    Oct 18th 2016, 9:10 AM

    You do mean Bush???

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    Mute Kieran Graham
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    Oct 18th 2016, 9:08 AM

    He can replace hilary on the Wall Street motivation touring circuit…

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    Mute Scutterjocks O'reilly
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    Oct 18th 2016, 9:08 AM

    Hopefully he will be breaking rocks. Under his watch the world is a more dangerous place.

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    Mute JJ O Riordan
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    Oct 18th 2016, 2:02 PM

    Got any facts to back this up, scutter? Or is it just scutter?

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    Mute Alois Irlmaier
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    Oct 19th 2016, 9:14 PM

    @Scutterjocks O’reilly: He renewed the nuclear program and gave weapons to Isis?

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    Mute funkytown
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    Oct 18th 2016, 9:41 AM

    He could do a column in a Sunday newspaper like a former head of state done and it turned out gre….

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    Mute Alois Irlmaier
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    Oct 19th 2016, 9:13 PM

    As Hillary Clinton’s stool?

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