Oireachtas Joint and Select Committees

Wednesday, 23 October 2013

Joint Oireachtas Committee on Education and Social Protection

General Scheme of Gender Recognition Bill 2013: Discussion

1:20 pm

Ms Catherine Cross:

TransParenCI is a support group for families and parents of transgender people. I am the mother of a transgender child aged 16 who is currently in fifth year at secondary school. He faces all of the normal challenges of being a teenager which are compounded by being transgender. While my son is doing well at school and is accepted by his peers, this is due in part to the fact he is of strong character and, partly, because the school he attends has been very understanding of his situation. The school, however, is in no way obliged to acknowledge his preferred gender. He is totally at the mercy of their discretion and of their personal feelings and beliefs.

I understand other transgender children have not been so lucky. Many transgender children feel the need to hide who they are in school. Others cannot hide and, due to lack of acceptance, become isolated and, therefore, leave school early.

My son recently completed transition year in which he had to partake in many gender-based activities such as discussions on personal hygiene and contraception advice given to groups separated by their gender. He found this awkward and opted not to partake of them at all. He was facilitated by the school but again it was at its discretion.

His female name still continues to be called on the roll which is a constant reminder not only to him but to his peers that he is different. He will of course be applying for courses shortly through the Central Applications Office and registering for his leaving certificate examination, all of which will be applied for in his female gender. This will, unfortunately, follow him through to college where he will have to explain his situation to a new set of people.

The formal education system plays an important role in determining what life chances are available to us. It is important everyone gets the opportunity, or more importantly the equality of opportunity, to engage with the education system. Education is an accurate predictor of future incomes and quality of life. The longer people remain in the education system, the more education and qualifications we obtain. It is therefore imperative that everyone has an equal opportunity to access the system. If a transgender child applies to an all-boys school, he may be refused entry because the birth certificate states he is in fact female. Similarly, schools are not obliged to provide suitable changing facilities for our transgender students. They often simply do not know what to do about it. Without proper legislation in this area, schools have no guidelines. Very often personal beliefs and prejudices become the school’s path of action. Through amending this legislation, to include those under 18, the Oireachtas can remedy this situation. Accordingly, the education system and service providers can educate themselves and put clear guidelines in place.

It has been accepted by the HSE that transgender children between 12 and 18 years will be able to access health care on the basis of need. Without accompanying gender legislation, they will carry conflicting documents and will, therefore, be incorrectly identified and subject to further discrimination. The Ombudsman for Children clearly advises the current proposals will not operate in children’s or young people’s interest nor vindicate their rights.

I understand the need to safeguard young people under 18. This is possibly the thinking behind excluding them from this legislation. However, this is grossly underestimating the parents of these young people and their ability to safeguard their interests at all times. I cannot imagine that any parent would consider changing the gender of their child’s birth certificate without having explored every other avenue first. The Argentinian and Maltese Governments have already acknowledged this and included their children in their recent gender legislation. Does that imply they are better suited to safeguard the interests of their children than we are?

This legislation has the ability to enhance and make a real difference in the life of my son. It will allow him to participate in society feeling valued and allow his many other attributes to shine through. Transgender is part of who he is, but it is not what defines him. Please allow him to transition to adulthood with a little more dignity.