The Council of Europe condemns “toxic” transphobia in the UK.
Since 1949, the CoE has upheld human rights, democracy and the rule of law in Europe. Britain is a founder member. It now has 46 members: the Russian Federation was expelled after invading Ukraine. The Commissioner for Human Rights, Dunja Mijatović, visited the UK this Summer, met young trans people as well as politicians and civil servants, and condemned “an increasingly toxic discourse against trans people” here.
Her report (pdf) is written in diplomatic jargon but is still hard-hitting. I have had to translate parts of it.
She found the stories trans people told of intolerance, discrimination and violence “harrowing”. The media reports a great deal on trans, focusing on questionable allegations that we are dangerous, or that the rights we seek to live our lives quietly are dangerous. She quotes the CoE Parliamentary Assembly resolution condemning highly prejudicial “gender critical” and anti-trans narratives. The UN Expert said the press assumes “predatory determinism”- trans are dangerous by nature. Press and politicians frequently assert we are a threat. When we speak up for our human rights or even just talk about our lives, this is called “gender ideology”, a bad, dangerous thing. MPs and government ministers should oppose this slander, but instead spread it. Some politicians seek to get votes out of anti-trans hate, she says. So, the LGBT+ community does not trust the government.
The government and media claim trans rights are incompatible with women’s rights or LGB rights. The Commissioner says this is false. Trans women and cis women “have a shared experience of prejudice, gender inequality, harmful stereotyping, and … violence”. The government and media attempts to provoke conflict make it more difficult to support human rights generally. There is no evidence we are a threat.
She notes that in 2018 the Tory government recognised gender recognition procedures were “intrusive, costly, humiliating and administratively burdensome” and “perpetuate[d] the outdated and false assumption that being trans is a mental illness.” She says there are barriers to legal gender recognition and they should be removed. The World Health Organisation confirms trans is not a mental illness. The English gender recognition process still requires a psychiatric report, and that is stigmatising. It causes human rights violations. We need self-determination, say the CoE and UN: we know who we are. Nine countries have self-determination for trans people, and there is no evidence that the procedure is misused or infringes others’ rights.
The Commissioner fears the media and political attacks on trans people will weaken our legal protection in the Equality Act. Trans people suffer frequent discrimination, she says. Politicians and media constantly claiming a Trans Threat pressures organisations to exclude trans people.
Kemi Badenoch, minister for Equalities, has decided not to proceed with a conversion therapy ban. The commissioner condemns this. She says conversion practices inflict severe pain and suffering, even long-lasting psychological and physical damage.
She recommends:
Politicians should stop saying trans people are a threat, and refute allegations in the media that we are dangerous.
Children should have comprehensive relationships and sexuality education including about the existence of LGBT+ people.
The government should combat intolerance, discrimination and hate crime.
The government should rebuild trust with LGBT+ community and organisations like Stonewall and the LGBT Foundation.
There should be “quick, transparent and accessible” gender recognition, self-determined, not obstructed by psychiatric gate-keeping.
Trans exclusion should be exceptional, only occurring when justified by “concrete, objective facts”. Normally, we should be included by services and society. We know those “concrete, objective facts” are unicorns, never observed by objective investigators.
There should be a comprehensive ban on conversion practices, including attempts to convert trans people. She does not mention the government’s assertion that there is conversion from cis to trans, because it is ridiculous.
It’s sad this has to be said. But the European human rights body Winston Churchill campaigned to create has utterly condemned the British government and large parts of our news media.
The Scottish Human Rights Commission welcomes her report, in particular her call for self-determination of trans gender recognition. They said hostility to trans rights affects women’s rights. Sadly, I could not find a similar statement from the EHRC.