Mr. Broden Giambrone:

I wish to begin by thanking the Seanad for this opportunity to address the committee. TENI was invited here today to discuss how the lack of legal gender recognition negatively impacts transgender people under the age of 18, with reference to ICCP Article 16 obligations. For those who are not familiar with the organisation, TENI is Ireland's national, non-profit transgender organisation. We support transgender people and their families and we provide education and advocate for the rights and equality of this community.

TENI works specifically on the introduction of legal gender recognition. This is the process whereby trans people are seen as a true gender by the State and are issued with a new birth certificate. The Irish State has an obligation under the ICCPR to legally recognise gender identity. At the moment, Ireland is the only country in the EU that provides no such provision, despite the fact that Dr. Lydia Foy won her case to be legally recognised in her true gender in the High Court in 2007. Ireland was declared in breach of its positive obligations under Article 8 of the European Convention on Human Rights. In 2008, the human rights committee called on Ireland to recognise the right of transgender persons to a change of gender by permitting the issuance of a new birth certificate. Six years later, Dr. Lydia Foy and the entire trans community are still waiting for the right to be legally recognised.

The legal recognition of transgender people is integral to their health, safety and mental well-being. The lack of recognition runs counter to Article 16 of the convention which states that everyone shall have the right to recognition everywhere as a person before the law. The lack of legal recognition for trans people under the age of 18 can have a particularly negative impact. Research shows that most people develop a sense of their gender identity, that internal feeling of being either male or female or something else, between the ages of three and five years. Many transgender young people are aware of their gender identities at a very young age and increasingly they are expressing this and seeking support.

In 2013, TENI was contacted 233 times by families in such situations. These families often went through quite a difficult journey to get to that point where they were reaching out. It is clear that this is a growing issue. As one mother told me when speaking about her transgender son, "It is better to have a happy son than a dead daughter". Unfortunately, this is really the current situation for young trans people. TENI carried out a study last year in which we asked people about their mental health and well-being. We found that 40% of our respondents had attempted suicide. When we are talking about the mental health and well-being of the transgender community, particularly the young people, there is a very obvious link to legal recognition in being acknowledged for who one truly is.

We have found that when young trans people receive support they are able to thrive. The lack of legal recognition leaves people particularly vulnerable. For instance, transgender young people are at a heightened risk of peer bullying. The perpetuation of young trans persons' exclusion through the failure to legally recognise their gender identity reinforces stress and isolation. For instance, one young trans man with whom we work was bullied for two years in his State school. His mother eventually had to pull him out of the school and take out a loan to be able to send him to a school where he was able to live in his chosen gender, be referred to as Darren and be acknowledged for who he truly was. In another instance, a young trans man is going to a school and he is forced to wear a skirt every day as part of the school uniform. This is despite the fact that he is supported by his family and friends. Unfortunately, his principal is not required to support or acknowledge his gender identity.

In addition to these stories of people's day-to-day experiences, there is also a structural issue. The refusal of the State to issue new birth certificates creates significant difficulties for trans people when they are applying for university. Trans people often miss out on college placements because the CAO, the body responsible for assigning university places, is often unable to cope or to understand trans experiences. One student who transitioned subsequently decided to re-sit the leaving certificate examination but because the documents were different and his name and gender were different, the CAO lost this, assumed an error had occurred and he was subsequently denied a placement.

Unfortunately, we often hear these types of stories. This is particularly important in a country where 10% of students at third level are under the age of 18 years. The proposal under which persons under 18 years will not be able to secure legal recognition will leave such students in limbo, one which will have a negative impact on them for the rest of their lives.

It is clear from our work that transgender adults face barriers to employment. The study to which I referred showed that 49% of participants were not employed on either a full-time or part-time basis. For this reason, it is particularly important that young transgender people stay in school and we are able to support them to go through this process in order that they will have a better chance of gaining employment later in life. Unfortunately, this is often not the case. One parent of a six year old transgender girl told us that her child faced so many challenges in school because of her gender identity and lack of support that she had to withdraw the child from school. Her calls to the Department of Education and Skills went unanswered and she was forced to home school her child as she was not able to avail of the system. This experience left her with severe stress and resulted in the child feeling excluded and isolated. The absence of a directive, guidance, policy or legal protection is an explicit failure which must be remedied.

In July 2013, the Minister for Social Protection introduced a draft scheme of gender recognition. As such, the Government is seeking to remedy this matter and introduce legislation quickly, which is a positive and welcome development, albeit one that has been a long time coming. While we look forward to advancing this issue, unfortunately, the proposed legislation sets out criteria that include an age limit of 18 years. As I outlined, this would leave many young transgender people in limbo because they will not be able to access their legal gender recognition until they reach 18 years. The six year old child to whom I referred and young children in secondary school will have to wait for a long time and at each stop they will face significant barriers.

One positive development in recent months was the decision to refer the gender recognition scheme to the Joint Committee on Education and Social Protection. The joint committee recommended that the legal recognition age be reduced from 18 years to 16 years. This is a positive development which echoed the advice issued by the Ombudsman for Children who suggested that the age at which an individual could apply on his or her own be reduced to 16 years and that the parents or guardians of young people aged under 16 years would be able to apply for legal recognition on their behalf. We hope the legislation will proceed on that basis.

I have spent much of my contribution speaking for young transgender people because we rarely hear their voices or those of their parents. Given that transgender issues are generally invisible, it is important to speak of rights and how Article 16 affects transgender people but also in terms of day-to-day issues. If legislation is introduced and the State advances the issue in a manner that protects the rights, dignity and privacy of young transgender people, we will have an opportunity to make significant advances. We will also be able to provide these young people with an opportunity to move forward and have the best chance of becoming engaging and vibrant members of society.

To sum up, the legal recognition of transgender persons is integral to their safety, health and well-being. The recognition of transgender people under 18 years is vital in promoting rights, dignity, privacy and access to education and the failure to provide for such recognition runs counter to Article 16. Ireland can protect these young people. There is an opportunity to introduce legislation that sets a precedent and truly respects the rights and privacy of these young people.

I thank Senators for affording me an opportunity to discuss this issue. I will be pleased to discuss in greater detail how this works in terms of the International Covenant on Political and Civil Rights and the other ramifications of legal recognition.