Person walking over the rainbow crossing in BatterseaImage source, Getty Images

The rights of transgender or trans people – and whether they affect the rights of women – are often in the spotlight.

This has led to legal disputes, protests and discussions about free speech.

New government guidance aims to clarify how schools in England should treat transgender pupils.

What is trans and what does transgender mean?

Gender identity is a term used by some to describe someone’s sense of their gender.

A transgender person’s gender identity is not the same as the sex recorded on their original birth certificate.

A transgender man is someone registered female at birth, but who identifies as a man.

A transgender woman is someone registered male at birth, but who identifies as a woman.

Trans is a shorter way of saying transgender.

Some people who do not consider themselves to have a solely male or female gender identity describe themselves as non-binary.

A child’s sex is recorded as male or female at birth, based on physical characteristics.

Some people are born with chromosomal or other physical differences that can make this a complex judgement. They are sometimes referred to as intersex, or having differences of sexual development (DSD).

What is the DFE transgender guidance for schools?

The Gender Questioning Guidance – which is not compulsory – says this should happen in the “vast majority of cases”.

In rare circumstances, teachers can decide to withhold information if revealing it could put a child at “significant risk” of harm.

Schools should also “take a very cautious approach” if pupils want to use a new name, pronouns or uniform.

Non-statutory guidance was issued to Northern Irish schools in 2019, and to Scottish schools in 2021. The Welsh government has not yet published guidance.

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What medical support is available for children who want to change their gender identity?

Increasing numbers of children are being referred to the under-18s Gender Identity and Development Service (Gids) in England, especially those registered female at birth.

NHS England says there were more than 5,000 referrals in 2021-2022, compared with 250 in 2011-12.

Image source, Reuters
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The Gender Identity Development Service (Gids) was based at London’s Tavistock and Portman NHS Foundation Trust

An independent review concluded that the current service is “unsustainable”. It said that many children referred to Gids have complex needs, which can sometimes be overlooked after a gender dysphoria diagnosis.

It called for a “fundamentally different” model of care for children.

Those in Northern Ireland who want to talk to a specialist about their gender identity can use the Knowing Our Identity service.

In Wales, children or teenagers can be referred or refer themselves to a specialist Gender Identity Clinic (GIC).

How many transgender people are there in the UK?

Some academics raised concerns that the question may not have been understood, and that number could be an overestimate.

The Office for National Statistics (ONS) said it was confident the results were processed accurately, but is reviewing the data.

A 2018 estimate by the government suggested there could be between 200,000 and 500,000 people who identify as transgender across the UK as a whole.

What changes can transgender people make?

Many transgender people live according to their chosen gender identity – including how they dress, and the name and pronouns they use.

Some may take hormone medication, or have surgery.

People can also apply to alter the gender listed on official documents.

These social, physical and legal changes are known as transitioning.

  • having a gender dysphoria diagnosis
  • providing evidence of living full-time in their acquired gender for at least two years
  • making a declaration that they will live permanently in their acquired gender
  • are 18 or over
  • pay a £5 fee

This means their acquired gender can be recorded on their birth, marriage and death certificates.

You do not need a GRC to update your driving licence, passport or medical records.

About 7,000 certificates have been issued in England, Wales and Scotland.

Image source, Getty Images

It decided not to go ahead with some of the proposed changes, but did move the application process online and lowered the cost of a certificate.

In 2022, Members of the Scottish Parliament (MSPs) voted to remove the need for a medical diagnosis and lower the application age to 16.

What do transgender rights mean for women-only spaces?

There has been much debate about how to balance the rights of different groups within society.

Much of this has focused on access to women-only spaces such as toilets, domestic abuse refuges and prisons.

Transgender people may wish to use services and facilities which align with their gender identity, whereas other groups say that these should be separated by birth sex.

The Equality Act 2010 identifies a number of groups with protected characteristics – including gender reassignment and sex – and protects those groups from discrimination.

However, some say the law is not clearly understood and women’s sex-based rights are under threat.

The Equality and Human Rights Commission suggests that amending the Equality Act definition of “sex” to “biological sex” is worth further consideration.

This would make it simpler for certain spaces to be single-sex, regardless of whether a person has a GRC.

The UK government is considering the advice.

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