Gender Recognition Act reform and young people: Rights, capacity and welfare

Date: 21st February 2019
Category: Civil Rights and Freedoms, Education, Leisure and Cultural Activities

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This report by Dr Kath Murray examines issues raised by proposed changes to the Gender Recognition Act 2004 in Scotland in relation to young people up to the age of 18 years. Part one looks at competing rights arguments, and the implications of the self-declaration of legal sex on the rights of young people and children to access single-sex spaces. Part two looks at recent trends among young people and children seeking support for gender-identity issues and discusses the gaps in the current medical evidence base. Against this complex and under-researched background, Dr Murray concludes that it is not clear whether formal recognition of gender identity by the state from the age of 16 is in the best interests of young people. She suggests that that greater emphasis should be now placed on welfare principles, and that any reform proposals should be robustly risk-assessed, ahead of the legislative process.

To read the entire report click here