1
AIDE-MEMOIRE
TRANSGENDER INQUIRY REPORT
Background
1.
The Human Rights Commission’s Inquiry into the discrimination
experienced by trans people commenced in 2006. It focused on three
areas: experiences of discrimination, access to health services, and
barriers to legal recognition of gender status.
2.
The Inquiry widely consulted trans people throughout New Zealand and
key government agencies, including the Ministry of Justice. The draft
report has been circulated to submitters and key government agencies to
clarify material provided.
Key Findings of the Inquiry
•
Disproportionately high incidence of unlawful discrimination has been
experienced by trans people.
•
Impossible to determine the population of trans people and intersex
people.
•
Intersecting factors operate to marginalise trans people and their
families, compromise their safety, affect their access to housing, create
barriers to finding and retaining employment, place restrictions on their
participation in public life and jeopardise their navigation of the criminal
justice system.
•
Wider community has little/no knowledge about the issues affecting
trans people.
•
Marginalisation of trans people exacerbated by either the absence of
policies and practices that recognise their specific needs, or
development of such policies without their involvement.
Recommendations of the Inquiry
All government departments
• increase consultation and col aboration with trans people on issues that
affect them.
• review policies and practices to ensure these do not discriminate against,
and are inclusive of, trans people
• consider when it is necessary to gather sex data and, where necessary,
ensuring categories for data col ection reflect the diversity of trans people
Ministry of Justice
• amend the Human Rights Act to secure protection from discrimination on
the grounds of ‘gender identity’
• record information about crimes against trans people including crimes
motivated by a victim’s gender identity
• investigate options for disclosure of previous names where a Police
clearance is needed for a trans people
Other specific government departments (key recommendations only)
• amend the Births, Deaths, and Marriages Registration Act 1995 (section
28(3)(c)(i)(B)) to ensure trans people are ful y recognised, and improve
consistency in government policies relating to change of sex details on
official documents (Department of Internal Affairs)
• provide clear information about gender reassignment services available
within each district health board, and develop treatment pathways and
agreed standards of care (Ministry of Health)
Human Rights Commission
• develop a human rights education programme to address human rights
and discrimination issues for trans people
• bring together government agencies to share best practice for search,
detention and imprisonment of trans people
• consult with intersex people and government agencies on the issues
raised with the Inquiry
• increase dialogue about intersex people’s human rights
Next Steps
3.
Ministry of Justice wil help coordinate a government response to the
Inquiry. This wil include working with departments to consider whether
policy and legislative changes are necessary or desirable.
Talking Points
• The release of the Commission’s report is likely to generate media
interest and a broad range of responses from the public.
• Although trans people brought to the inquiry a variety of solutions to the
issues that affect them, many of which can be addressed without
significant resources, there wil be some financial implications associated
with implementing some of the recommendations, which are addressed in
the report.