Thread by @xx_gender

IRELAND: In 2007 the Ombudsman for Children @OCO_ireland had formed very strong opinions on what would be in children’s best interest regarding gender Identity and transitioning & GRA

A thread with screen shots taken from...
1/

oco.ie/app/uploads/20…

opensocietyfoundations.org/uploads/a958c0…

https://twitter.com/bjportraits/status/1378808827085209604

2/ and these documents oco.ie/app/uploads/20…

gov.ie/en/consultatio…

gov.ie/pdf/?file=http…

gov.ie/pdf/?file=http…

assets.gov.ie/42465/8abfc775…

3/ Dealing with the first link first- this is the submission from OCO “Advice on the General Scheme of the Gender Recognition Bill 2013”. This was the proposed medical model Bill which was passed in the Seanad and then changed to self ID when it reached the Dáil.

4/ This was their findings which is available on their website and summarises their position in the report

oco.ie/library/advice…

5/ Why were they asked to comment on General Scheme of the Bill? Because the Minister indicated that the part of the legislation regarding children transitioning will be kept under review and the proposed scheme excluded those under 18.

6/ why did the general Scheme exclude children? “To safeguard them from the potentially negative consequences of having their preferred gender recognised when they have not formed a stable view in relation to their gender identity.” However...

7/ the OCO believed that this was a mistaken belief and cites a case which the Ombudsman has already brought before the Oireachtas

8/ In 2007 a trans girl wanted access to a single sex girls school and was denied. The child appealed to the OCO, who contacted the Minister for Education. oco.ie/app/uploads/20…

9/ IN 2007 THE MINISTER CONFIRMED THAT A REFUSAL TO ADMIT A CHILD ON THE BASIS OF GENDER (WHICH INCLUDES GENDER IDENTITY) (TO A SINGLE SEX SCHOOL) VIOLATES IRELAND’S EQUALITY LEGISLATION.

And every school would be written to to confirm this.

This is news to me. Did you know it?

10/ so what did the OCO recommend to be included in the Gender Recognition Bill in 2013?

In order to come to its conclusion the OCO considered International Rights, UN Convention on the Rights of the Child and Domestic Laws etc

11/ when considering the laws the OCO felt that children with interested conditions weren’t being given Rights here. And also younger children who had the support of their parents or older teenagers who understood what they were agreeing were being treated unfairly. #KeiraBell

12/ when considering Domestic Laws it concluded that it wouldn’t be unconstitutional to have a cut off age of 18 when applying for a GRC

13/ when considering competency for children the OCO gives the opinion that 16 and 17 yo can consent to medical treatments.

The question of #Gillick competency comes into play for those under 16 #KeiraBell #Tavistock

14/ for < 18 the OCO recommended “Thus, the possibility of young people applying on their own initiative for legal recognition of their preferred gender would logically be confined to those who could consent in law to medical treatment” Within the context of a MEDICAL model.

15/ consider now the 2018 review of the GRA and the report that followed gov.ie/en/consultatio…

Submissions can be found on this page and the OCO is submissions are no. 53A, 53B and 53C

gov.ie/en/consultatio…

16/ the OCO want full self ID extended to 16 and 17 yo.

17/ For under 16 OCO do not want a medical model but rather that parents could apply on their child’s behalf. Self ID by proxy.

If one parent disagrees? Then only one parent should be acceptable and APPROPRIATE LEGISLATIVE provision should be made to accommodate this.#Canada

18/ did these recommendations make their way into the final review report on the GRA?

Yes

19/ in Nov 2019 did the Minister accept this recommendation? Partially. Self ID for 16/17 yo and a statement that there are no plans for those under 16. HOWEVER assets.gov.ie/42465/8abfc775…

20/ In the recent annual report available in Jun 2020(still not published on the official page gov.ie/en/collection/…) however here a link to it assets.gov.ie/126671/30e88ad… the government stated that

21/ “While the legislative proposals relate to children over 16 years, the Minister, in conjunction with the Minister for Children and Youth Affairs, also agreed to commission research to examine issues of concern relating to children aged under 16 years.”

22/ An FOI to the government on this matter in April found that this research has not yet commenced, no terms of reference has been agreed, no timeframe is agreed, no contract to conduct the research is in place.

23/ For children under 16 - In Nov 2019 the government rejected the proposal for self ID for under 16. In June 2020 they are now looking to research the possibility of transitioning children under 16. In April 20 they have yet to start it. But I have no doubt that they will.

I don’t have the energy to go into the Soros Open Foundation document but I will leave screen shots of the relevant parts for those that are interested. OCO TENI are mentioned.

25/ in case you’re wondering what his current views are - it’s being a paywall - but here’s the link. Spoiler alert - his views haven’t changed

Young trans people have a right to be seen, heard and supported
independent.ie/opinion/commen…

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