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If you're transgender you can apply for a disclosure using your present gender and without telling your employer what your previous name was. You only have to tell Disclosure Scotland.
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Home > News > Scottish Government publishes Non-Binary Equality Action Plan
16 November 2023   |    News
Scottish Government publishes Non-Binary Equality Action Plan
You can read the plan in full here: https://www.gov.scot/news/non-binary-equality-action-plan/
Seven national LGBTI (lesbian, gay, bisexual, transgender, and intersex) organisations in Scotland welcome the publication today of the Scottish Government’s Non-Binary Equality Action Plan.
Scottish Trans, Equality Network, LGBT Youth Scotland, Stonewall Scotland, LGBT Health and Wellbeing, LEAP Sports and Time for Inclusive Education welcome that the Scottish Government has committed to taking wide-ranging actions across many areas of policy and practice. These could make a real difference to non-binary people’s lives.
Non-binary people identify as having a gender which is in-between or beyond the two categories ‘man’ and ‘woman’, as fluctuating between ‘man’ and ‘woman’, or as having no gender, either permanently or some of the time.
The organisations believe this is the first time any government in the world has set out commitments specifically focused on improving the experiences of non-binary people.
The Action Plan is the culmination of many years work, and is largely the result of recommendations made by the Working Group for Non-Binary Equality, which was made up of non-binary people, LGBTI equality organisations and academics. The Group set out 38 actions they thought the Scottish Government could do to reduce barriers non-binary people face to equal treatment in services, policy and the law. Most of the recommendations have now been accepted by the Scottish Government.
The LGBTI groups say that while they welcome the Plan, they would be seeking more clarity on actions to take forward some of the recommendations.
Actions in the plan that could make a real difference include:
- commitments to seek to influence the Department for Work and Pensions to ensure that people participating in policy-making processes and receiving financial compensation for doing so are not penalised by a reduction in their benefits
- producing guidance on name changes so that non-binary people, and all trans people, along with public bodies and services, can be confident about timely and simple processes for updating people’s details
- starting a ‘Call for Evidence’ on how public buildings, including sport and leisure facilities, work for everyone, with a view to making necessary changes that would improve their accessibility for any group that is currently underserved by public buildings
- improving the evidence that exists on non-binary people’s lives, particularly around their experiences of gender based violence and homelessness.
Vic Valentine, Scottish Trans Manager (and member of the working group on Non-Binary Equality), said:
“It is really positive to see this Action Plan published, and to see that the Scottish Government has made public, concrete and measurable commitments to changes that will make non-binary people’s lives better. “I particularly welcome the commitments that will have a positive impact not only on non-binary people but on marginalised people more widely: such as those that seek to make it easier and fairer for people on benefits to participate in policy making processes and be paid for their time, and to look at how the design of public buildings does, or doesn’t, work for everyone in Scotland.”
Al Hopkins, LEAP Sports (and member of the working group on Non-Binary Equality), said:
“We welcome the publication of the Action Plan and are pleased to see sport and physical activity featured prominently, and with the objective of making non-binary people feel increasingly welcomed and able to participate.
“I know first hand the positive impact inclusive and welcoming sport and physical activities have on the lives of trans and/or non-binary people. LEAP Sports look forward to the contribution we can make in ensuring the actions are realised meaningfully, and that non-binary people are authentically represented, embraced and included within all aspects of sport and physical activity from sporting environments to facilities to participation.”
A member of LGBT Youth Scotland’s Trans Rights Youth Commission, said:
“This is an amazing piece of work that will change the lives of so many trans and nonbinary people. I cannot express how proud I am of our community for getting this far and I hope that all parties involved take on the work laid out in the framework and then a bit more.
Mark Kelvin, LGBT Health & Wellbeing CEO said:
“I welcome the publication of the Scottish government’s Non-Binary Equality Action Plan and am pleased to see tangible commitments to improving the healthcare and health and wellbeing outcomes for non-binary people living here in Scotland. “In particular, the recognition of the importance of LGBT+ affirmative and competent mental health and wellbeing support is extremely encouraging. I’m pleased to see the commitment to ensuring mandatory training for mental health providers on trans and non-binary healthcare needs, as well as a commitment to ensure services are equipped to support trans and non-binary people. Mental Health Providers frequently request this training but struggle to prioritise it with competing demands. Ensuring it is mandatory will help organisations to make space for it within their busy workloads. “Overall, this is a positive step towards achieving equality for Non-Binary people.”
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Gender identity and your rights
Many acts and policies exist around gender identity. These are to protect people who identify as transgender from discrimination.
Visit the Scottish Trans Alliance website for further information
NHS Scotland Gender Reassignment Protocol
The Gender Reassignment Protocol was issued to NHS health boards on 11 July 2012.
The Gender Reassignment Protocol contains many therapies and surgical procedures. The patient and their gender clinician should discuss these in detail. This helps to find the most appropriate treatment pathway.
The Equality Act 2010
The Equality Act, 2010 protects transgender people from discrimination and harassment. It provides protection in different areas, including in the workplace or in the provision of goods and services.
A person does not need to be under medical supervision to be protected by the Act. For example, someone assigned male at birth who decides to live as a woman, but does not consult a doctor or undergo any medical procedures, would be protected.
The Act also protects people associated with them. This includes family members, as well as others who are perceived to be transgender.
Gender Recognition Act 2004
Under the Gender Recognition Act of 2004 , transgender people can:
- apply for and obtain a Gender Recognition Certificate to legally change their gender
- get an updated birth certificate
- marry or form a civil partnership in their gender
- have their gender recorded on their death certificate
To apply for a Gender Recognition Certificate you must be aged 18 or over. The application process requires you to prove that you:
- have been diagnosed with gender dysphoria
- have lived in your gender for the last 2 years
- intend to live permanently in this gender
Patient Advice and Support Service
The Charter of Patient Rights and Responsibilities summarises what you’re entitled to when you use NHS services or receive NHS care in Scotland. It also covers what you can do if you feel your rights have not been respected. This includes reference to the Patient Advice and Support Service.
The Patient Advice and Support Service (PASS) is an independent service. It provides information, advice and support about NHS healthcare for patients, their carers and families. This information is free, accessible and confidential.
The service can give you information, advice and support if you want to:
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- helps you understand your rights and responsibilities as a patient
- works with the NHS in Scotland to improve healthcare provision
The Patient Advice and Support Service can be accessed from any Citizens Advice Bureau in Scotland .
Support and advice
Help is available if you’re experiencing mental health issues as a result of gender dysphoria.
Switchboard LGBT+
Contact Switchboard LGBT+ on 0300 330 0630, from 10am to 10pm every day.
You can also use their webchat service through the Switchboard LGBT+ website .
Breathing Space
You can also access support from Breathing Space by phoning 0800 83 85 87.
The Breathing Space phoneline is available:
- 24 hours at weekends (6pm Friday to 6am Monday)
- 6pm to 2am on weekdays (Monday to Thursday)
Phone 111 if you’re:
- in a state of despair
- need emotional support
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Last updated: 23 March 2023
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Gender reassignment surgeries to take place in Scotland says two year plan from SNP Government
The Scottish Government has committed to the introduction of gender reassignment surgeries taking place in Scotland in a plan that will be developed over the next two years.
- 14:47, 20 DEC 2021
- Updated 15:42, 20 DEC 2021
New plans from the Scottish Government have committed to introducing gender reassignment surgeries taking place in Scotland by 2024.
Under a new two-year plan, the SNP administration anticipates that facilities will open for specialist male-to-female surgery called a vaginoplasty and a phalloplasty for trans-identified men.
Currently, any patient wishing to undergo surgical intervention will have to visit clinics in England where a very small number of urologists are trained.
The controversial and risky procedures are seen by some to be a step in the journey of reaffirming gender identity, a highly contentious topic for those who are critical of gender ideology.
This project is part of a wider plan by the Scottish Government to implement self ID laws that will make it easier for trans-identified people to legally change their sex without medical involvement - an unpopular plan only supported by three in 10 Scots.
The NHS gender identity services: Strategic action framework 2022 – 2024 sets out a spending and implementation plan that will aim to manage the rise in demand for gender identity services.
The report states: "We recognise the importance of accessing treatments locally where appropriate, as well as building resilience in provision. We have therefore committed in this Framework to look at the potential for providing gender reassignment surgeries in Scotland. We anticipate that this would complement and be part of the current four nations NHS contract."
It also states that a National Gender Identity Healthcare Reference Group will be established to inform the Scottish Government and enact plans.
This group will have involvement from NHS Boards including National Services Scotland, National Education for Scotland, Healthcare Improvement Scotland and Public Health Scotland.
Waiting times across the board have a track record of making patients wait for months and even years to access mental health services with the pandemic only having made this worse.
Maree Todd MSP Minister for Public Health, Women’s Health and Sport said that they have gender patients who have been waiting for up to three and a half years to be seen by a specialist.
Regarding money Ms Todd said: "We plan to provide £9million over 3 years, with £2m in 2022/23, to fund new service models, address waiting times and support those waiting to access services."
There are currently four Gender Identity Clinics providing services to adults in NHS Scotland. These are based in four NHS Health Boards - NHS Grampian, NHS Greater Glasgow and Clyde, NHS Highland and NHS Lothian.
A separate service for young people, NHS Greater Glasgow and Clyde’s YoungPerson’s Service, accepts referrals from across Scotland.
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Gender Reassignment
What is gender reassignment.
In most cases we grow up feeling a sense of comfort or acceptance with our gender but this is not true for all people. Around 1 in 11,500 people will find that as they grow up, they feel less comfortable with the gender prescribed to them at birth, and will instead, find greater comfort and connection to another gender. They may then express the need to live in this different and more appropriate gender. In Scotland, those of us experiencing this are referred to as ‘transgender’ or ‘trans’ people. ‘Trans’ is an umbrella term to describe people whose gender is not the same as, or does not sit comfortably with, their birth.
In the Equality Act it is known as gender reassignment*. All transsexual people share the common characteristic of gender reassignment.
To be protected from gender reassignment discrimination, you do not need to have undergone any specific treatment or surgery to change from your birth sex to your preferred gender. This is because changing your physiological or other gender attributes is a personal process rather than a medical one.You can be at any stage in the transition process – from proposing to reassign your gender, to undergoing a process to reassign your gender, or having completed it.
*’Gender reassignment’ is a term of much contention and is one that Stonewall’s Trans Advisory Group feels should be reviewed.
The Equality Act 2010 says that you must not be discriminated against because you have the protected characteristic of gender reassignment, where your gender identity is different from the gender assigned to you when you were born. For example, a person who was born female decides to spend the rest of his life as a man
In the Equality Act this is known as gender reassignment. All transsexual people share the common characteristic of gender reassignment.
To be protected from gender reassignment discrimination, you do not need to have undergone any specific treatment or surgery to change from your birth sex to your preferred gender. This is because changing your physiological or other gender attributes is a personal process rather than a medical one. You can be at any stage in the transition process – from proposing to reassign your gender, to undergoing a process to reassign your gender, or having completed it.
The Equality Act says that you must not be discriminated against because:
- of your gender reassignment as a transsexual. You may prefer the description transgender person or trans male or female. A wide range of people are included in the terms ‘trans’ or ‘transgender’ but you are not protected as transgender unless you propose to change your gender or have done so. For example, a group of men on a stag do who put on fancy dress as women are turned away from a restaurant. They are not transsexual so not protected from discrimination
- someone thinks you are transsexual, for example because you occasionally cross-dress or are gender variant (this is known as discrimination by perception)
- you are connected to a transsexual person, or someone wrongly thought to be transsexual (this is known as discrimination by association)
Intersex people (the term used to describe a variety of conditions in which a person is born with a reproductive or sexual anatomy that doesn’t fit the typical definitions of female or male) are not explicitly protected from discrimination by the Equality Act, but you must not be discriminated against because of your gender or perceived gender. For example, if a woman with an intersex condition is refused entry to a women-only swimming pool because the attendants think her to be a man, this could be sex discrimination or disability discrimination
Following is a short film by the Equality & Human Rights Commission titled ‘What is gender reassignment discrimination?’.
Trans people are entitled to the same level of quality care as everyone else and should expect to receive it based on their gender identity, gender expression or physical body. However, it is important to appreciate the lived experience of many Trans people to ensure the care health services provide is appropriate and sensitive.
Findings from the recent INCLUSION Project research showed significant issues for Trans people include:
- Mental health problems including suicide, self harm, anxiety and depression
- Lack of primary care facilities as many GPs have no or little knowledge of Trans people’s needs
- Lack of access to essential medical treatment for gender identity issues, i.e. electrolysis for Trans women
- Lack of awareness and understanding of care providers so that Trans people are in appropriately treated in single gender out patient and in patient services.
- Inconsistent funding and access to transitioning services throughout Scotland
- Lack of social work service to support children, young people, adults and families with gender identity issues.
- Social exclusion, violence and abuse and the resulting negative impact on health and well-being
NHS Greater Glasgow and Clyde were the first NHS Board in Scotland to publish a Gender Reassignment Policy which sets out our commitment to ensure equality of access to services that are both appropriate and sensitive.
We have the busiest trans services in Scotland at the Sandyford Initiative and provide a number of specialist services that are recognised as being amongst the best in the UK. However, there are still barriers experienced by Trans people using mainstream NHS services.
It is essential that frontline NHS staff do all they can to remove the stigma of transitioning and play their part in delivering services of the highest standard to Trans people. To this end, guidance has been issued to support staff in responding to queries from Trans service users.
Fran’s Story
Fran transitioned from male to female 10 years ago. She has spent her life experiencing bullying and harassment because of her gender identity and has been the victim of several hate crime incidents.
Fran was experiencing pain in her right thigh and attended an outpatient appointment. When Fran entered the waiting area she gave her name and confirmed her appointment time. The receptionist explained there wasn’t an appointment for a Fran Walker but there was one for a Mr Frank Walker. Fran explained that she should now be referred to as Fran as she had requested all records be updated to reflect her gender reassignment. The receptionist explained she was unable to do that until the medical records were updated. Fran was asked to take a seat in the waiting area. Fran was in discomfort but before taking a seat explained again it was Fran or Ms Walker, not Frank or Mr Walker.
While Fran was waiting for her appointment she heard a member of staff calling for a Mr Frank Walker. Fran sat where she was, angry, frustrated and embarrassed that she was still being referred to in the wrong gender. Eventually after a repeat call she stood and walked into the treatment room. She was still very upset and asked why, despite explaining she wished to be called by her new name, staff insisted on calling her by her previous name. The member of staff explained the name on her record was Frank Walker, not Fran, and until they heard otherwise, she would continue to be addressed as Frank or Mr Walker. Fran tried to remain calm and explained that if she was referred to as Frank again she would make a formal complaint. The member of staff reiterated the position so Fran explained that staff were in breach of legislation protecting trans people. They were deliberately disclosing her previous birth gender and so could be held liable and receive a significant financial penalty under UK law. Fran stated that if it happened again she would take formal action. The equality Act protects trans people in a number of ways, one of which is to ensure previous birth gender is only disclosed to another party when necessary with appropriate controls in place and then only with the expressed permission of the trans person.
Publications
- Changing for the Better
- Changing Your CHI
- Engaging All Staff in Trans Inclusion
- Gender Reassignment Policy Review 2021
- Getting Equalities Monitoring Right
- Homophobic and Transphobic Hate Crime
- LGBT in Scotland Health Report
- Life in Scotland for LGBT Young People
- Sharing Trans Information
- Transgender Equality
- Gender Identity Research & Education Society (GIRES)
- LGBT Youth Scotland
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Gender representation on public boards (amendment) (scotland) act 2024, you are here:.
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1 Amendment of the 2018 Act
In section 2 (key definitions) of the Gender Representation on Public Boards (Scotland) Act 2018, the definition of “woman” is repealed.
2 Commencement
This Act comes into force on the day after Royal Assent.
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The short title of this Act is the Gender Representation on Public Boards (Amendment) (Scotland) Act 2024.
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Sex, gender identity, trans status - data collection and publication: guidance
Guidance for public bodies on the collection of data on sex and gender.
I was asked by the then Cabinet Secretary for Social Security and Older People to bring together a working group to look at the way data on sex and gender is collected and published, and put together guidance for public bodies.
This was announced at the same time as the Cabinet Secretary updated Scottish Parliament on plans to reform the Gender Recognition Act 2004 in Scotland. While the two are not directly related, some groups had, in response to the proposals to reform gender recognition, raised concerns about the collection and use of data by sex and gender.
The scope of this work is about data collected and used by Scottish public bodies – for operational, statistical and research purposes. It is separate from Scotland's Census 2022.
The book "Invisible Women" by Caroline Criado Perez, and work by a number of organisations, has also drawn attention to the frequency with which data is neither collected, aggregated or used in a way that takes account of the differences including biological and physical differences – between men and women, and their impact in areas such as transport, health and access to services.
I have brought together a group of experts in collecting and presenting data from across the UK . I have listened to the varied views and drawn my own conclusions from these. An important part of this work was making sure that the guidance is informed by evidence from a wide range of individuals and organisations with views based on a lived experience of these issues. To do this, I met a number of external stakeholders to listen to their views, as well as holding public engagement events to give everyone with an interest the opportunity to have their views heard. Finally, a public consultation was held on a draft version of this guidance.
I gathered together these insights and considered them when putting together this guidance.
Given the importance of this topic, it was important for me to carry out this work in a transparent way, so that people can see how it has been put together. To this end, I have been posting regular blog updates on my Statistics blog, as well as publishing all minutes from the working group meetings on the Scottish Government website.
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- Published: 24 August 2024
Supporting and understanding non-binary & gender diverse youth: a physician’s view
- Jamie Agapoff ORCID: orcid.org/0000-0002-6026-6463 1
Child and Adolescent Psychiatry and Mental Health volume 18 , Article number: 105 ( 2024 ) Cite this article
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Non-binary is a gender identity term describing a person whose gender exists between or outside the gender binary. Non-binary is also an umbrella term encompassing other gender identities such as genderqueer, genderfluid, agender, demigirl, demiboy, bigender, and others. As non-binary persons identify with a gender other than the one assigned at birth, they may be classified as transgender, although some may not identify with that label [ 1 ].
Population estimates of transgender and gender diverse (TGD) youth are varied [ 2 , 3 , 4 ]. Among youth ages 13 to 17 in the U.S., about 1.4% (~ 300,000) identify as transgender [ 3 ], and 1 in 4 identify as non-binary [ 4 ]. According to survey-based studies of children and adolescents, about 1.2–2.7% identify as transgender and 2.5–8.4% as TGD [ 2 ].
Despite a growing number of studies on transgender topics, a majority of this research still comes from the U.S. and Western Europe [ 2 , 5 ]. This special issue includes studies from South America [ 6 ] and the Middle East [ 7 ] where there are a paucity of studies. International data is helpful for expanding global applicability of treatment guidelines such as the Standards of Care released by the World Professional Association for Transgender Health [ 2 ].
Studies from this collection show transgender and gender diverse (TGD) youth face significant minority stressors and mental health concerns [ 8 , 9 , 10 ]. For example, Haywood et al., found that many TDG youth still face high levels of non-acceptance and bullying even after social transition [ 8 ]. Another study found that the experience of trans hostility is associated with an increase in gender dysphoria and poor peer relations in TGD youth [ 9 ]. And, in a systematic review, TGD adolescents with gender dysphoria experienced a high co-occurrence of psychosocial and psychological vulnerability, leading to greater risk for suicidal ideation and life-threatening behaviors [ 10 ].
Previous research demonstrates that mental health symptoms and gender dysphoria improve with access to gender affirmative care including social, surgical and hormonal interventions [ 11 , 12 , 13 , 14 , 15 , 16 ]. In one study of nonbinary and gender diverse youth, use of puberty blockers and gender-affirming hormones were associated with 73% lower odds of suicidality and 60% lower odds of moderate to severe depression [ 13 ]. Importantly, access to gender-affirming hormones during adolescence has been found to improve mental health outcomes in adulthood [ 14 ]. And, surgical interventions such as chest reconstruction have been shown to improve dysphoria and body satisfaction in gender diverse youth [ 12 , 16 ].
Yet, gender affirming care for youth is under attack. Legislative efforts to restrict access to gender affirming care are rampant, coordinated, and pervasive. Within the U.S. alone, nearly 39% of transgender youth live in states where there are bans on gender affirming care [ 17 ]. In the United Kingdom, life-saving treatments such as puberty blockers have been banned [ 18 ].
While credible scientific evidence about the positive benefits of gender affirming treatments struggle to find wide public dissemination [ 11 , 12 , 13 , 14 , 15 , 16 ], biased and methodologically flawed reports like the Cass Review are elevated within the public domain [ 19 , 20 ]. Providers should understand, practice, and disseminate best practice guidance for the care of TGD youth as outlined by the American Endocrine Society [ 21 ] and the World Professional Association for Transgender Health [ 2 ].
Providers who care for TGD youth should strive to adopt inclusive models that value self-determination and an affirmative approach [ 22 ]. Defensive models of care that focus on fringe concerns such as transition regret and mitigatable side effects are not supported by international treatment guidelines [ 2 ]. Similarly, intrusive and/or prolonged assessments that interrogate a youth’s gender identity and delay social or medical transitions are more likely to cause harm than good [ 23 ]. Providers should strive to support transgender youth at all stages of their social, medical, and legal transitions, while empowering and supporting them toward authentic gender identity and expression.
Data availability
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Agapoff, J. Supporting and understanding non-binary & gender diverse youth: a physician’s view. Child Adolesc Psychiatry Ment Health 18 , 105 (2024). https://doi.org/10.1186/s13034-024-00798-w
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