Transgender, Intersex and Non-Binary Populations

Transgender, Intersex and non-binary identity issues were raised in three submissions (INTO LGBT+ TG; Ibec and AI). Ibec, in their call for a broad new “National Equality, Diversity and Inclusion Strategy,” recommended that the inclusion of groups such as “intersex people” could be served more fully by a cross-cutting approach. The INTO LGBT+ TG referenced the National LGBTI+ Inclusion Strategy, which calls for inclusive recruitment practices across the public sector, the establishment of an Ally network, promoting safe and supportive working environment, guidance for supporting transgender people in the workplace and increased access to nongendered toilets.

AI welcomed the Programme for Government “commitment to a general health policy for Trans people based on a best practice model”, and called for access to “gender affirming treatment” to be free of delays, financial, medical or social “interference”. AI “urged” the DCEDIY to ensure the avoidance of “medically unnecessary surgeries and other procedures on intersex children” (as per the UNCRC) which would be supported by regulation of healthcare providers. AI recommended that parents are given “sufficient time to declare and/or change the gender marker of their infant when the child is intersex”.

AI also welcomed the Programme for Government commitment to “examine legal recognition of non-binary people”, as well as the commitment to examining how children under 16 years of age “could access legal gender recognition”. However, they also called for a Trans child’s “right” to have their own view taken into account, which they argued should be “respected in law and practice”. They recommended that legal recognition be extended to those who “identify as neither male nor female and intersex people”. They suggested that the development of treatment guidelines should include the active participation of intersex groups and individuals (including children).