UK moves to block self-ID for trans migrants of 'blacklisted' countries

Kemi Badenoch has told MPs that more trans foreign nationals will be forced to comply with tougher legislation on self-identification in an 'overdue' update to UK 'blacklist'. The announcement follows reports that more than 50 countries and US states - which allow trans people to self-determine their gender - will be added to a 'blacklist' forcing migrating citizens to show medical documents when applying for a Gender Recognition Certificate (GRC) in Britain.

Addressing the House of Commons on Wednesday (6 December), the women and equalities minister said: “It is this government’s policy that the UK does not recognise self-identification for the purpose of obtaining a Gender Recognition Certificate.

“However, this government is determined that everyone should be able to live their lives free from unfair discrimination.”

The news comes as countries such as Germany and Finland recently approved self-ID to allow trans and non-binary people to change their names on legal documents such as birth or death certificates.

Ms Badenoch, who is also the business and trade secretary, added: "We are doing this because some countries and territories on the list have made changes to their systems and would not now be considered to have similarly rigorous systems as the UK’s. Inadvertently allowing self-ID for obtaining GRCs is not Government policy.

"It should not be possible for a person who does not satisfy the criteria for UK legal gender recognition to use the overseas route to do so."

Current law states a trans migrant whose gender is legally recognised in their country of origin – and whose country is on the UK’s approved list – does not need to provide medical reports when applying for gender recognition in Britain. 

However, if that country is not listed or the migrant does not have a legal document showing gender recognition, the citizen will be asked to provide additional documents to comply with UK law. To legally change gender in Britain, a person is required to be diagnosed with gender dysphoria - a sense of unease a person may have if their gender identity does not match their body - and prove they have lived as their acquired gender for two years.

As well as this, citizens wishing to obtain a GRC will have to pay a fee and go through a review or appearance before a specialist panel. The process has been described by trans rights groups as ‘invasive, dehumanising and unfit for purpose’.

Anneliese Dodds, Labour’s shadow equalities minister, disputed the 'clarity' of the decision, arguing Ms Badenoch's explanation was 'extremely thin'. The Labour MP for Oxford East also called into question the impact such an amendment would have on foreign relations.

"I note that, for example, China is now on the approved list, but our four closest Five Eyes allies [Canada, U.S, Australia and New Zealand] are not." Ms Dodds also asked how the update will impact the UK's relationship with Ireland.

The Republic of Ireland passed self-ID laws as part of its Gender Recognition Act (GRA) in 2015. 

Stonewall, the largest LGBT rights charity in Europe, said the policy reflects poorly on the UK and sends a message that 'trans people are a threat to be contained'. A spokesperson for the charity said: "This regrettable policy serves to highlight just how far behind the curve the UK Government has fallen on trans people's rights, compared to other leading nations.

"As understanding and practical support for trans people grows globally, we are seeing countries all over the world, from Canada to Ireland to New Zealand, take meaningful action to support their trans populations.

"Yesterday's announcement will reflect poorly on the United Kingdom on the international stage, by sending out the message that our government does not want to be a world leader on LGBTQ+ rights, and does not see trans people as being worthy of respect, but instead a threat to be contained.”