Transgender Rights Approaches by Labour and Conservative Parties in 2024

Labour has clarified its position on transgender rights, as Wes Streeting says the party would “modernise and reform” gender laws if it came to power on July 4.

The shadow health secretary has said Labour’s policy aims to allow transgender people to “live their lives with freedom, dignity and respect”. His comments come after all the major parties unveiled their manifestos over the past few weeks, outlining their visions for the country. Each covers transgender policy, with the issue becoming a major cultural talking point over the past few years.

Under current UK legislation, the ability to change legal sex is enshrined in the 2004 Gender Recognition Act. This followed a ruling by the European Court of Human Rights (ECHR), which found that the previous inability to do so in the UK was a breach of certain human rights.

The 2010 Equality Act defines sex in binary terms as a reference to a man or woman’ – but this can be changed. A trans person can change their legal sex by obtaining a Gender Recognition Certificate, amending the sex category on their birth certificate. However, they must also meet certain criteria to do so.

Labour has stated its intention to “simplify” the process of changing gender in the UK. According to Anneliese Dodds, the shadow women and equalities secretary, speaking to The Times, Labour’s plans include “modernizing” the system.

This means removing the unnecessary and dehumanizing aspects of the gender recognition certificate process. We need to keep important safeguards in place during this process.

Current legislation requires a diagnosis of gender dysphoria. An individual must have lived in their affirmed gender for two years. They must also intend to live in that gender for the rest of their lives.

A panel will consider an application. But for the application to be considered, it must be accompanied by two medical reports. Currently, only 2 percent of transgender people in the UK have a certificate.

Labour’s manifesto does not provide more detail on the measures. If Labour comes to power after the July general election, it is likely that the party would undergo consultation on these measures.

The Conservatives have taken a different approach to gender recognition law. If they secure another term in July, they have pledged to introduce new legislation. This legislation would change the definition of sex to “biological sex,” or sex at birth.

The measure would allow single-sex services and spaces to legally bar transgender people from falling foul of discrimination laws.Speaking in early June, women and equalities minister Kemi Badenoch stated: The protection of women and girls’ spaces is crucial. We cannot allow the confusion to continue in this regard.

“Whether it is rapists being housed in women’s prisons, or instances of men playing in women’s sports where they have an unfair advantage, it is clear that public authorities and regulatory bodies are confused about what the law says about sex and gender and when to act”.

The government’s proposed changes would also make gender recognition a reserved matter which only Westminster can legislate on. The Gender Recognition Reform Bill in Scotland was blocked by the UK government in Num This was due to a clash with UK-wide legislation.

Both parties have committed to implementing the recommendations of the Cass Review, a landmark report on gender identity services for children and young people in the UK. It was commissioned by NHS England in 2020 and published in April 2024, following an interim report in 2022.

At nearly 400 pages, the review is complex and far-reaching, with author Dr Hilary Cass making several recommendations. Following its publication, NHS England acted to implement policies that strongly discouraged social gender transition before the age of 18 and withdrew puberty blockers from medical practice (although this step was already underway in England following the interim report).

The report was largely accepted by medical professionals in the UK as a positive step in gender-related care. It acknowledges the care required by gender dysphoric youth and recommends their expansion, including regional services and support up to age 25.

However, some groups have criticised the report for the possible consequences it could have.LGBTQ+ charity Stonewall UK has expressed concern. Some recommendations, they believe, could result in children and young people not receiving necessary care.

Meanwhile, Amnesty UK issued a warning. The organization stated that the review is being weaponized. Meanwhile, Liberty also issued a warning. The organization issued a statement regarding people spreading disinformation about healthcare to trans young people. These individuals seem to be enjoying the process of spreading myths about trans healthcare.

The Conservatives have promised to keep “gender identity” out of children’s education as a taught concept. The Conservatives have promised to prevent the teaching of “the concept of gender identity” in education to children. This promise is in addition to the ban on sex education for children under the age of 9.

To enforce this, the government says they will provide guidance for teachers that must be followed.

Labour has not committed to undoing these measures if they are in power. In May, Bridget Phillipson, Labour’s education spokesperson, discussed the issue.

Speaking on BBC One, she commented on the Conservatives’ proposals having “good and straightforward principles.” However, she noted that other aspects of the proposals drifted into unhelpful “partisan” language. Ms Phillipson implied that the party would review the measures if they were in power. However, the measures do not appear in Labour’s manifesto.