Trans Rights

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what is sex?
basic biological characteristics
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what is gender?
social manifestations and practices associated with Sex
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why did the sex-gender distinction become a topic of debate?
2nd Wave Feminism wanted to distinguish between the 2. They wanted to demonstrate the differences b/w men and women which were thought to be natural were actually socially constructed
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what doe the sex-gender distinction look like in Law?
English Court Appeal in the transgender case Bellinger vs Bellinger 2002 established that gender was broader than sex
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how does the sex-gender distinction leave biology intact?
If gender is socially constructed then why not sex? what has constituted as a biological sign of sex has varied over years. There is also no settled legal definition of Sex
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When was the Gender Recognition Act introduced?
2004
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what does the GRA grant? and what does this allow?
a Gender Recognition Certificate - allows a trans person to change their sex marker on legal documents including a birth certificate
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What are the 4 conditions you need for a GRC?
18+, a psychiatric diagnosis of gender dysphoria, to passed the lived experience test for 2 years, swear you will remain the 'new' gender for the rest of your life
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why was the GRA introduced?
it was prompted by Goodwin vs UK & I vs UK which said failure to recognise trans people went against their human rights
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What report was done that Suggest the GRA needs reform?
the HofC Women and Equalities committee Report on transgender equality 2015
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why is swearing not to cross back over the sex boundary significant?
the law doesn't provide for fluidity - spectrums between male and female remain outside the frameworks of citizenship
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What are the reforms suggested by the HofC Women and Equalities committee reports on transgender Equality 2015?
critical of medicalised approach, lack of provision for NB people, recommended amendment of the GRA towards "gender self-declaration"
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How is the GRA test medicalised?
being recognised as a 'real' trans person for the purposes of gaining a GRC left to the decision of medics and lawyers
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what does TERF stand for?
Trans Exclusionary Radical Feminist
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What does Christine Boyle say?
2004 - women's equality & rights campaigns should not be inclusive of trans women's rights b/c the significance of socialisation of women
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what is the general TERF position of trans peoples struggles?
struggles to be socially and legally accepted have undermined the concept of womanhood
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what was Janice Raymond's position?
1979 - trans women are men trying to infiltrate women only spaces
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what is the equality act and when was it introduced?
2010 - it protects against discrimination on the grounds of 'protected characteristics' including sex
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how, arguably, would gender self declaration effect the EA 2010?
if we allow for self-declaration, men will 'self-identify' as women to get access to women only spaces and the EA will mean they cannot be excluded
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what is the argument against the argument that reforms to the GRA would be detrimental to the EA?
whilst cis men will always take advantage of women's vulnerabilities there has been no evidence from countries where self-identification has been introduced that this has caused any significant e.g. Norway, Malta, Ireland
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are woman's services in Scotland trans inclusive?
yes for 10+ years
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Other cards in this set

Card 2

Front

what is gender?

Back

social manifestations and practices associated with Sex

Card 3

Front

why did the sex-gender distinction become a topic of debate?

Back

Preview of the front of card 3

Card 4

Front

what doe the sex-gender distinction look like in Law?

Back

Preview of the front of card 4

Card 5

Front

how does the sex-gender distinction leave biology intact?

Back

Preview of the front of card 5
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