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Evening Standard
Evening Standard
World
Seren Morris

What does it mean to be transgender? Transphobia and the law in the UK explained

Trans Awareness Week is a week to raise awareness of and advocate for the trans community

(Picture: Karollyne Hubert/Unsplash)

Brianna Ghey, a 16-year-old transgender girl from Cheshire, died from stab wounds on Saturday, February 11.

Police have arrested a 15-year-old boy and a 15-year-old girl and have said that the attack was “targeted” but is not being treated as a hate crime.

LGBTQ+ charity Stonewall UK has responded to the death with the statement: “Our thoughts are with Brianna Ghey, a young trans woman, and her loved ones, following her tragic murder in Cheshire.

“We urge anyone who may have information which will help the police with their enquiries to come forward.”

What does transgender mean?

A Transgender person is someone whose gender identity does not correlate to the sex they were registered as at birth. It is when somebody who is born biologically male identifies as a girl or woman (a trans woman), and when someone who was born biologically female identifies as a boy or man (a trans man).

Some transgender people may identify as non-binary or gender-fluid, meaning they don’t identify as either a man or a woman. They may feel as if they belong somewhere in the middle or could lean more towards masculinity or femininity. On the other hand, people who identify with their gender at birth are cisgender.

Being transgender is not related to somebody’s sexuality – transgender people can identify as straight, gay, bisexual, queer, pansexual or asexual, for example.

How many transgender people live in the UK?

According to the ONS census 2021, when asked “Is the gender you identify with the same as your sex registered at birth?” In response 262,000 people over the age of 16 (0.5 per cent) said no.

About 48,000 people said they identify as a trans man, while 48,000 said they identify as a trans woman. Furthermore, 30,000 people identified as non-binary and 18,000 people wrote in a different gender identity.

Meanwhile, around six per cent of respondents did not answer the question.

The census found that London has a higher percentage of people who identify as transgender. Stonewall estimated that there could be up to 600,000 transgender and non-binary people in the UK, which is about one per cent of the population.

What is transphobia?

Transphobia is hatred for or discrimination against people for their transgender identity.

Research by Stonewall found that 41 per cent of trans people have experienced a hate crime in the last year, while 28 per cent of transgender people in a relationship have experienced domestic abuse.

Furthermore, 12 per cent of transgender people have been physically attacked by colleagues or customers, while 36 per cent of trans university students have experienced negative behaviour from staff in the last year.

Transgender people are also at risk of homelessness, with 25 per cent saying they have experienced homelessness at some point in their lives.

How are transgender people seen in the eyes of the UK law?

The Equality Act 2010 protects transgender people from discrimination in employment or public services.

However, the act also allows single-sex services to exclude transgender people “if it is proportionate to do so and it achieves a legitimate aim”.

The Gender Recognition Act 2004 allows transgender people over the age of 18 to apply for a Gender Recognition Certificate that allows them to be considered in law to be the gender they identify as.

However, the process of applying for this certificate has been criticised by LGBTQ+ charities, like Mermaids, which said: “The current system is degrading and inaccessible and needs reform.”

Currently, people need to have been diagnosed with gender dysphoria and need to prove that they have been living as the gender they identify with for at least two years.

Brianna Ghey, 16, died after being stabbed (PA Media)

Support from trans charities

Mermaids said: “Our thoughts are with the loved ones of Brianna Ghey, a trans teenager who was murdered in Cheshire this weekend.

“If you have been affected by this shocking news and need someone to talk to, our helpline is available until 9pm tonight and every weekday evening: 0808 801 0400.”

Gendered Intelligence said: “The news right now is really frightening, especially for our young people and their families. If you need to talk to someone our support line is open on 0330 3559 678 – times on our website. You can also email youthwork@genderedintelligence.co.uk.”

Switchboard has shared information about a number of vigils taking place across the UK this week, including two in London.

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