Being Trans in the EU – Comparative analysis of EU LGBT survey dataOn average, one in three <strong>trans</strong> respond<strong>en</strong>ts experi<strong>en</strong>ceda negative LGBT school atmosphere. A quarter experi<strong>en</strong>ceda positive school atmosphere. A breakdown byid<strong>en</strong>tity group reveals that the queer/other respond<strong>en</strong>tsand the male cross dressers are the least likely to haveexperi<strong>en</strong>ced a positive school atmosphere towardsLGBT people.A breakdown by EU Member State shows that respond<strong>en</strong>tsfrom Greece, Italy, Portugal, Croatia, the United Kingdom,Ireland, Spain, Bulgaria and Romania are the leastlikely to have experi<strong>en</strong>ced a positive LGBT atmosphere atschool. Respond<strong>en</strong>ts from Latvia, D<strong>en</strong>mark and the CzechRepublic are the most likely to have experi<strong>en</strong>ced a positiveschool atmosphere towards LGBT persons (Figure 21).Figure 21: School atmosphere towards LGBT persons, by EU Member State (%)EU <strong>trans</strong> average 244035LVDKCZ403936333946272319MT*NLSELTATFIFRSI*SKBELU*DEHUPL333232313130303030292928272633373938454336413544434243463331293124263430352729293028RO 234136EE* 226117BGESCY*IEUKHRPTIT222120191818161640374040353937463842404247444638EL 93951Positive LGBTschool atmosphereMixed LGBTschool atmosphereNegative LGBTschool atmosphere0 10 20 30 40 50 60 70 80 90 100Question: C9. During your schooling before the age of 18, did you ... – D. Hear or see negative comm<strong>en</strong>ts or conduct because aschoolmate/peer was perceived to be lesbian, gay, bisexual and/or <strong>trans</strong>g<strong>en</strong>der? – E. Hear or see negative comm<strong>en</strong>ts orconduct because a teacher was perceived to be lesbian, gay, bisexual and/or <strong>trans</strong>g<strong>en</strong>der? Response categories: never,rarely, oft<strong>en</strong>, always, does not apply to me – recoded into the categories as in the figure.Note: * Cases with fewer than 30 responses.Base: Trans respond<strong>en</strong>ts in the EU LGBT survey who felt the question applied to their situation.Source: FRA, EU LGBT survey, 201240
Discrimination: experi<strong>en</strong>ces, awar<strong>en</strong>ess, reporting and perceptionsPersonal experi<strong>en</strong>ces with negative comm<strong>en</strong>tsor conduct at school before the age of 18The EU LGBT survey asked respond<strong>en</strong>ts if they had experi<strong>en</strong>cednegative comm<strong>en</strong>ts or conduct at school towardsthemselves because of <strong>being</strong> <strong>trans</strong>. More than a third (38 %)say that this happ<strong>en</strong>ed oft<strong>en</strong> or always. On the other hand,38 % of <strong>trans</strong> respond<strong>en</strong>ts say they never experi<strong>en</strong>cednegative comm<strong>en</strong>ts or conduct at school for that reason.G<strong>en</strong>der variant respond<strong>en</strong>ts are the least likely tohave oft<strong>en</strong> or always experi<strong>en</strong>ced negative comm<strong>en</strong>tsor conduct towards themselves because of<strong>being</strong> <strong>trans</strong> (21 %). Trans m<strong>en</strong> (44 %) and queer/otherrespond<strong>en</strong>ts (44 %) are the most likely to have oft<strong>en</strong>or always experi<strong>en</strong>ced this.Respond<strong>en</strong>ts who were not in paid work wh<strong>en</strong> completingthe survey were more likely to have experi<strong>en</strong>cednegative comm<strong>en</strong>ts or conduct at school towards themselvesbecause of <strong>being</strong> <strong>trans</strong> (41 %) than those in paidwork (35 %) regardless of their income quartile. Giv<strong>en</strong>that the respond<strong>en</strong>ts not in paid work are also overrepres<strong>en</strong>tedamong those who do not hide or disguisetheir id<strong>en</strong>tity, one could reasonably hypothesise thattheir schooling experi<strong>en</strong>ce affected their employm<strong>en</strong>tprospects. Such a direct relationship is not prov<strong>en</strong> by thesurvey results but could be a possible direction for futureresearch. It could also be argued, however, that the lackof employm<strong>en</strong>t could affect the way respond<strong>en</strong>ts answera survey about past negative experi<strong>en</strong>ces. In any case,it goes without saying that <strong>trans</strong> persons should not feellimited in expressing their g<strong>en</strong>der id<strong>en</strong>tity out of fear ofexclusion from the labour market.Figure 22: Experi<strong>en</strong>ced negative comm<strong>en</strong>ts orconduct at school because of <strong>being</strong> <strong>trans</strong>,by id<strong>en</strong>tity group (% oft<strong>en</strong> and always)100806040200EU <strong>trans</strong> average38 36Trans wom<strong>en</strong>44Trans m<strong>en</strong>39 41 40Malecross dressersTransg<strong>en</strong>derFemalecross dressers21G<strong>en</strong>der variant44Queer/otherQuestion: C9. During your schooling before the age of 18,did you … - C. Experi<strong>en</strong>ce negative comm<strong>en</strong>tsor conduct at school because of you <strong>being</strong><strong>trans</strong>g<strong>en</strong>der?Base:Trans respond<strong>en</strong>ts in the EU LGBT survey whofelt the question applied to them.Source: FRA, EU LGBT survey, 20121.6. Discrimination inhealthcare and socialservices“I have experi<strong>en</strong>ce of communication with <strong>trans</strong>phobicpsychologists who think that my g<strong>en</strong>der id<strong>en</strong>tity is the resultof some kind of trauma and is nearly an illness. I do not thinkthat it is an illness. I like my id<strong>en</strong>tity; I simply do not likesociety’s reaction to it.” (Queer, 40, Latvia)According to Article 35 of the EU Charter of Fundam<strong>en</strong>talRights “Everyone has the right of access to prev<strong>en</strong>tivehealth care and the right to b<strong>en</strong>efit from medical treatm<strong>en</strong>tunder the conditions established by national lawsand practices. A high level of human health protectionshall be <strong>en</strong>sured in the definition and implem<strong>en</strong>tationof all the Union’s policies and activities.”The specific needs of some parts of the <strong>trans</strong> populationmake access to healthcare a highly relevant issue.Notably, the ECtHR ruled that although a law allowed forlegal g<strong>en</strong>der recognition, a person’s right to private life(Article 8 of the ECHR) 49 had still be<strong>en</strong> violated, becausethe law regulating full g<strong>en</strong>der-reassignm<strong>en</strong>t surgery,although drafted, had yet to be adopted.Council of Europe Recomm<strong>en</strong>dation 2010(5) calls onmember states to <strong>en</strong>sure that the highest attainablestandard of health can be effectively <strong>en</strong>joyed withoutdiscrimination on the grounds of sexual ori<strong>en</strong>tation org<strong>en</strong>der id<strong>en</strong>tity. It also specifies, that ”<strong>trans</strong>g<strong>en</strong>der persons[should] have effective access to appropriate g<strong>en</strong>derreassignm<strong>en</strong>t services”. Moreover, according to this Recomm<strong>en</strong>dation,“any decisions limiting the costs coveredby health insurance for g<strong>en</strong>der reassignm<strong>en</strong>t proceduresshould be lawful, objective and proportionate”.Among <strong>trans</strong> respond<strong>en</strong>ts who accessed healthcare servicesin the 12 months preceding the survey, over onein five (22%) say that they felt personally discriminatedagainst by healthcare personnel because of <strong>being</strong> <strong>trans</strong>.Similarly, 19 % of <strong>trans</strong> respond<strong>en</strong>ts who used socialservices in the same period felt discriminated againstby social services personnel (Figure 23). This type ofdiscrimination is twice as high among <strong>trans</strong> respond<strong>en</strong>tsas among respond<strong>en</strong>ts to the EU LGBT survey.49 ECtHR, L. v. Lithuania, No. 27527/03, 11 September 2007.According to the court’s press release, “The Court observedthat Lithuanian law had recognised <strong>trans</strong>sexuals’ right tochange not only their g<strong>en</strong>der but also their civil status.However, there was a gap in the relevant legislation: thelaw regulating full g<strong>en</strong>der-reassignm<strong>en</strong>t surgery, althoughdrafted, had yet to be adopted. In the meantime, no suitablemedical facilities are reasonably accessible in Lithuania.That legislative gap had left the applicant in a situationof distressing uncertainty as to his private life and therecognition of his true id<strong>en</strong>tity.[…] The Court thereforeconcluded that there had be<strong>en</strong> a violation of Article 8.”41
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