Transgender EuroStudy â Legal Survey and Focus ... - ILGA Europe

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Executive Summary The Legal Survey The legal survey confirmed that very few countries had fully embraced the range of transgender protections available in Europe. Some have made very little progress, leaving their trans citizens in fear for their safety, unable to work due to discrimination, and facing great difficulties in obtaining access to gender reassignment services. The failure of States to implement directives and significant case law, from both the ECJ and the ECHR, has left a Europe divided with a few of its trans population having fairly good access to medicine and their rights, but even then no country is by any means perfect. The UK does better than most States but this must partly be due to the volume of cases brought by trans people in the UK. There seems to be a dearth of such individuals elsewhere in Europe.
9 April 2008 Recommendations are that: The European Commission as guardian of the treaties should ensure that EU directives on equal treatment of women and men and gender equality are implemented to include protection of trans people against discrimination. Legal action based on EU directives needs to be revisited to ensure accessibility for ordinary people in a manner which is quick and at minimum cost, particularly when Member States have not implemented EU directives. 2 Funding is needed to ensure that trans people throughout Europe are made aware of their rights contained in the EU directives and the European Convention on Human Rights. States need to provide gender reassignment treatment without excessive restrictions. Methodology The analysis for this report focuses on 615 (female to male) trans men, and 1349 (male to female) trans women, who were the survey respondents as of 1 December 2007 after incomplete or duplicate responses were removed. In total, the focus group respondents were 12 trans men, 24 trans women and one nongendered person. We devised an Acceptable Baseline (AB) system for the analysis of survey responses. This was the bare minimum standard of treatment that trans people should expect to receive in terms of: clinical need and acceptable treatment of patients by health care professionals. This was then compared across the experiences of respondents who belonged to different categories: Respondents who transitioned less than 5 years ago compared with those who transitioned more than 10 years ago. Respondents who earned less than €20,000 per year compared with those who earned more than €50,000 per year. Respondents who were in skilled occupations compared with those who were in unskilled occupations. Clinical Need Met State funding for hormones The majority of respondents were refused State funding for hormones – more than 79% consistently across all the different categories, with a maximum of 5% difference between each group category. State funding for surgery More than 82% of respondents of all the categories were refused State funding for the acceptable baseline surgeries – these were the minimum required for trans people to live in their acquired gender. There was only a maximum of 6% difference in figures across the group categories. 2 Francovich v Republic of Italy ECJ (1995) ICR 722, ECJ Cases C-6 and 9/90 (also reported at [1992] IRLR 84 and [1993] 2 CMLR 66).
Page 2 and 3: Transgender EuroStudy: Legal Survey
Page 4 and 5: Contents Acknowledgements Foreword
Page 6 and 7: Acknowledgements This was very much
Page 12 and 13: Introduction In this report we refe
Page 16 and 17: Transgender and Transsexual Legal C
Page 22 and 23: Public Funding for:[1] Psychotherap
Page 24 and 25: Results of the Legal Survey In this
Page 28 and 29: Health Policy in the EU: the Impact
Page 36 and 37: Data Analysis
Page 40 and 41: A Profile - the Online Survey of Tr
Page 50 and 51: Trans People Accessing Healthcare
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Transgender EuroStudy: Legal Survey
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71 April 2008 FTM: Female-to-male,
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73 April 2008 References Antoniadou
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75 April 2008 Shanta, R., M. P. H.
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77 April 2008 I identify as In what
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79 April 2008 Do you have any savin
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81 April 2008 Section 2 Healthcare
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83 April 2008 Was this from any of
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