fra-2014-being-trans-eu-comparative_en

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Being Trans in the EU – Comparative analysis of EU LGBT survey dataEU Member States should ensure that schools providea safe and supportive environment for trans persons,free from discrimination, bullying and exclusion. Schoolsshould be encouraged to adopt general anti-bullyingpolicies that include trans issues.The competent public authorities, such as equality bodies,national human rights institutions and children’s ombudspersons,should be properly mandated, resourced andencouraged to explore cases of bullying and discriminationon grounds of gender identity in education.EU Member States should ensure that objective informationon gender identity and gender expression is part ofschool curricula, to encourage respect and understandingamong staff and students and to raise awarenessof the problems faced by trans persons. EU MemberStates should provide training to educational professionalson how to approach trans issues in educationand on how to deal with incidents of transphobic bullyingand harassment.Discrimination and access to healthAs the survey shows, about one in five respondents whoaccessed healthcare services or social services in theyear preceding the survey felt discriminated against byhealthcare or social service personnel because of beingtrans. EU Member States should ensure that adequatetraining and awareness raising is offered to healthcarepractitioners and health insurance personnel on thehealth needs of trans persons to eliminate prejudicesand improve the provision of services to trans persons.EU Member States should consider ensuring that transspecifichealthcare services are available and that transpersons can enjoy equal and respectful treatment whenaccessing healthcare services. Member States shouldconsider facilitating gender confirming treatment, and,where this is unavailable, promoting access to suchtreatment in an EU Member State that offers it.EU Member States should reference trans-specifichealthcare in their national health plans and policiesand ensure that health surveys, training curricula andhealth policies also take into account trans persons andtheir needs.Combating hate-motivatedviolence and harassmentagainst trans personsWhen assessing national legislation transposing Directive2012/29/EU of the European Parliament and of theCouncil of 25 October 2012 establishing minimum standardson the rights, support and protection of victims ofcrime (the EU Victims’ Directive), the European Commissionshould pay particular attention as to whethergender identity or gender expression are adequatelyincluded as personal characteristics of victims in individualassessments.When implementing the EU Victims’ Directive,EU Member States should pay attention to the protectionneeds of victims of crimes committed because ofthe victim’s gender identity (in accordance with theRecitals 9, 17 and 56 of the Directive). EU Member Statesshould ensure that throughout the criminal proceedings,in accordance with the Article 21 of the EU Victims’Directive, the right to protection of privacy of transgenderpersons, including previous names and gender, isfully respected.EU Member States should consider enacting criminal lawprovisions which afford protection against transphobiccrimes and ensure that law enforcement authorities aretrained to tackle transphobic crime effectively, whichincludes raising awareness on trans issues.EU Member States should address the underreportingof hate crime, including crimes against trans persons,as underlined by the December 2013 Justice and HomeAffairs Council Conclusions on combating hate crimewhich reflected the conclusions of the 2013 VilniusFRA Fundamental Rights Conference. Member Statesare called upon to take appropriate measures to facilitatehate crime reporting by victims and as far as possiblealso through associations that support them. Thisshould include measures to build trust in police and otherstate institutions. Law enforcement authorities shouldtherefore be trained on how to handle cases reportedby trans persons, particularly concerning victims’ supportand the systematic recording of incidents. Practicessuch as ‘third party reporting’, engaging civil societyorganisations through multi-agency partnerships, couldalso be considered to improve reporting rates.EU Member States should ensure that law enforcementauthorities properly record, investigate and prosecutehate-motivated crimes based on gender identity andgender expression in line with ongoing efforts toimprove and approximate data collection on crime(such as the Eurostat Working Group on Statistics onCrime and Criminal Justice Statistics in the frameworkof the EU Statistics Action Plan 2011–2015). To developevidence-based legal and policy measures, MemberStates should collect statistics on numbers and typesof crime and gender identity of victims (in accordancewith Article 28 and Recitals 56 and 64 of the Directive2012/29/EU) as well as on the number of convictedoffenders and the type of sentence imposed.20
1Discrimination: experiences,awareness, reportingand perceptions1.1. Research and policycontextThe principle of equal treatment constitutes a fundamentalEU value, ensuring both respect for humandignity and full participation for all on an equal footingin economic, cultural and social life. Article 21 of theCharter of Fundamental Rights of the European Unionprohibits “any discrimination based on any groundsuch as sex […]”. EU-wide protection of trans personsagainst discrimination is secured in the area of employmentand occupation, as interpreted by the CJEU. In itsjurisprudence, the CJEU has held that that right coverspersons who underwent, are undergoing or intend toundergo gender reassignment. The EU has legal competenceunder Article 19 of theTreaty on the Functioningof the European Union (TFEU) to legislate in the area ofequality and thereby actively combat discrimination.The Racial Equality Directive and the Employment Directiveare primary examples of this. 15 Member States havea legal obligation to transpose this legislation and to setup structures to combat discrimination and to promoteequal treatment in employment.As the Council of Europe indicates, discrimination cantake place in many areas of life. It may have far-reachingconsequences for trans persons’ ability to obtain aschool diploma, find a job and maintain a secure andcertain standard of living. At an early age, discriminationon the grounds of gender identity already contributesto isolation, underachievement and malaise, and mayeven lead to suicide attempts. 16 Research published in2006 shows that young trans persons encounter all15 Article 19 of the Founding Treaty of the European Union.See also: FRA (2013b).16 See Council of Europe Recommendation Rec(2010)5 of theCommittee of Ministers to member states on measures tocombat discrimination on grounds of sexual orientation orgender identity, 31 March 2010.Main findings• The level of perceived discrimination EU trans respondentsreport is alarming, especially in the area of employment.More than half of all trans respondents felt discriminatedagainst or harassed because they were perceived as trans inthe year preceding the survey. Respondents who are young,not in paid work or from a lower income class, are more likelyto indicate feeling discriminated against.• The more open trans respondents are about being or havingbeen trans, the more likely they are to indicate that theyhave felt discriminated against in the year preceding thesurvey.• Discrimination happened more often in employment than inany other area of social life covered by the survey:• Employment: over one in three trans respondents feltdiscriminated against because of being trans whenlooking for a job (37 %), and a quarter (27 %) reporteddiscrimination at work.• Education: a quarter of trans respondents who attendschool/university themselves or have a child/children inschool/at university, say they felt personally discriminatedagainst by school or university personnel in the 12 monthspreceding the survey. When looking at trans students only,the number rises to 29 %.• Healthcare: around one in five respondents who accessedhealthcare services (22 %) or social services (19 %) in theyear preceding the survey felt healthcare or social servicepersonnel discriminated against them because of beingtrans.• Goods and services: being young, unemployed and/or froma lower income class increases the chances the respondentfelt discriminated against in the year preceding the survey.• Only very small numbers of respondents reported their lastincident (15 %). That figure rose substantially when the lastincident took place at work (29 %).21
Page 1 and 2: EQUALITYBeing Trans inthe European
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HOW TO OBTAIN EU PUBLICATIONSFree p
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