Transgender rights in the United Kingdom
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Transgender rights in the United Kingdom have varied significantly over time, with the
British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...
transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through ...
community facing ongoing challenges not experienced by
cisgender Cisgender (often shortened to cis; sometimes cissexual) is a term used to describe a person whose gender identity corresponds to their sex assigned at birth. The word ''cisgender'' is the antonym of '' transgender''. The prefix '' cis-'' is L ...
Britons. These include various laws and public attitudes in regards to identity documents, as well as anti-discrimination measures used by or pertaining to transgender people, in the areas of employment, education, housing and social services, amongst others. Trans people have been able to change their passports and driving licences to indicate their preferred binary gender since at least 1970. Transgender people were, prior to the ruling in '' Corbett v Corbett'', able to have their
birth certificate A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensui ...
informally amended to reflect their gender identity. The ruling prevented the amendment of the sex marker on birth certificates for other than clerical errors. The 2002 '' Goodwin v United Kingdom'' ruling by the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
resulted in parliament passing the Gender Recognition Act of 2004 to allow people to apply to change their
legal gender Legal gender, or legal sex, is a sex or gender that is recognized under the law. Biological sex, sex reassignment and gender identity are used to determine legal gender. The details vary by jurisdiction. History In European societies, Roma ...
, through application to a
tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single ...
called the Gender Recognition Panel. The application requires the submission of medical evidence and a statutory declaration. The tribunal is made up of medical and legal members appointed by the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
. Anti-discrimination measures protecting transgender people have existed in the UK since 1999, and were strengthened in the 2000s to include anti-harassment wording. Later in 2010, gender reassignment was included as a protected characteristic in the Equality Act. With the 2013 introduction of same-sex marriage, it became possible for a spouse to legally change their gender without requiring a divorce in the UK, with the exception of Northern Ireland, where this became an option nearly a decade later on 13 January 2020.


Medical classification

In December 2002, the Lord Chancellor's office published the ''Government Policy Concerning Transsexual People'' document that categorically states that transsexualism "is not a mental illness", but rather a "widely recognised medical condition" characterised by an "overpowering sense of different gender identity".


Medical treatment for minors

In December 2020, the High Court ruled that children under 16 could not consent to puberty blockers, with NHS England consequently stating that any requirement for puberty blockers would have to be brought through a court order before treatment. On 29 January 2021, the High Court's order was stayed, pending appeal before March 2022; , however, no minors were being referred for puberty blockers or hormone treatment on the NHS. , it had not been made clear how a court order could be brought in order for a minor to access puberty blockers, and no court orders had yet been issued, with waiting lists for hormone treatment for adults on the NHS heavily exceeding targets of 18 weeks to first appointment. In April 2022,
Secretary of State for Health and Social Care The secretary of state for health and social care, also referred to as the health secretary, is a secretary of state in the Government of the United Kingdom, responsible for the work of the Department of Health and Social Care. The incumbent ...
Sajid Javid Sajid Javid (; born 5 December 1969) is a British politician who served as Secretary of State for Health and Social Care from June 2021 to July 2022, having previously served as Home Secretary from 2018 to 2019 and Chancellor of the Exchequer ...
announced an inquiry into gender treatment for children, following concerns raised in the interim report of the
Cass Review The NHS Gender Identity Development Service (GIDS) is a nationally operated health clinic specialising in working with children with gender identity issues, including gender dysphoria. Although based at a Tavistock and Portman NHS Foundation ...
. In June 2022,
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper '' The Sunday Times'' (f ...
reported Javid announcing a proposed change in UK medical privacy law, allowing the state to gain access to and scrutinise the medical records of all minors treated for gender dysphoria within the preceding decade, estimated at 9000 people. The Times reported Javid having "likened political sensitivities over gender dysphoria to officials' fear of being labelled racist if they investigated abuse by men of Pakistani heritage in
Rotherham Rotherham () is a large minster and market town in South Yorkshire, England. The town takes its name from the River Rother which then merges with the River Don. The River Don then flows through the town centre. It is the main settlement of ...
". In July 2022, it was announced that the NHS would close its only youth gender identity clinic, with the intent of transitioning to a more regional system of care access.


Proposed reform

NHS draft guidance obtained by Reuters indicates that, in response to a three year wait time for access to gender affirming care causing people to seek private-sector or unprescribed solutions, the NHS is considering banning private care providers from prescribing gender affirming care, and mandating that the authorities be notified if a patient is found to be using unprescribed hormone medication. If a trans patient is found to be accessing any of these resources, they will be barred from receiving gender affirming healthcare with the NHS. Furthermore under the guidance, if an NHS doctor determines a patient shouldn't be allowed access to gender affirming hormone therapy, they can advise the patient's primary care provider to initiate "safeguarding protocols". The draft guidance also included significant restrictions on social transition (such as changing one's pronouns and clothing), declaring it an active intervention with potential harms, and only authorizing it in cases of "clinically significant distress or significant impairment of social functioning". The reported justification for this was the NHS’s stated belief that most children who ‘think they’re transgender’ are just going through a “phase”. The proposed policy has been compared by some to conversion therapy. The draft guidance's Equality and Health Inequalities Impact Assessment addressed potential concerns of discrimination based on the legally protected characteristic of "gender reassignment" by stating not all of the patients impacted by the proposal will be allowed to access such care by the NHS, and thus "To apply such a definition to these individuals is to make assumptions upon the aims and intentions of those referred, the certainty of those desires and their outward manifestation, and upon the appropriate treatment that may be offered and accepted in due course".


WPATH response

In November 2022, the
World Professional Association of Transgender Health The World Professional Association for Transgender Health (WPATH), formerly the Harry Benjamin International Gender Dysphoria Association (HBIGDA), is a professional organization devoted to the understanding and treatment of gender identity and g ...
published a statement in which it described the methodology of treatment suggested in the proposed reforms as "tantamount to 'conversion' or 'reparative' therapy", and that the psychotherapy route of treatment recommended "seems to view gender incongruence largely as a mental health disorder or a state of confusion and withholds gender-affirming treatments on this basis". The statement further says that the proposal "makes assumptions about transgender children and adolescents which are outdated and untrue", and that it "quotes selectively and ignores newer evidence about the persistence of gender incongruence in children". It also describes the requirement to obtain medical approval to change one's clothing or pronouns as "an unconscionable degree of medical and state intrusion", and that the proposal document "makes unsupported statements about the influence of family, social, and mental health factors on the formation of gender identity".


Sports

In September 2021, the UK Sports Council Equality Group issued new guidance saying that in their view, trans inclusion and "competitive fairness" cannot coexist in sports. The SCEG based its guidance on 300 interviews regarding personal opinions on the matter, conducted across 54 sports and 175 organisations, with only 20 of those interviewed being trans people. In June 2022, conservative UK culture secretary
Nadine Dorries Nadine Vanessa Dorries (''née'' Bargery, 21 May 1957) is a British politician who served as Secretary of State for Digital, Culture, Media and Sport from 2021 to 2022 under Prime Minister Boris Johnson. A member of the Conservative Party, she ...
met with the heads of UK sporting bodies and told them that "elite and competitive women's sport must be reserved for people born of the female sex". In July 2022, the British Triathlon issued a blanket policy banning any athletes not assigned female at birth above the age of 12 from competing, instead requiring them to compete in a newly announced "open" category. This was a reversal of an earlier 2018 policy which allowed for trans inclusion once certain hormonal prerequisites had been met. British Triathlon Chief Executive Andy Salmon was reported as stating that he wasn't "aware" of any elite-level trans athletes competing in triathlons in Britain, but didn't want the governing body to wait for "that to be a problem" before it "tried to fix it". Later that same month, both the
Rugby Football League The Rugby Football League is the governing body for professional rugby league in England, and until 1995 for the whole British Isles. The name Rugby Football League previously also referred to the main league competition run by the organisati ...
and the Rugby Football Union implemented similar bans. Both organisations described this as "a precautionary approach".


Transgender prisoners' rights

In August 2022, a statement was issued by the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Just ...
under
Dominic Raab Dominic Rennie Raab (; born 25 February 1974) is a British politician who has served as Deputy Prime Minister of the United Kingdom, Secretary of State for Justice, and Lord Chancellor since October 2022, having previously served from 2021 to ...
, that trans prisoners would be sent to prisons based on their genitalia.


Hate Crimes

The
Office for National Statistics The Office for National Statistics (ONS; cy, Swyddfa Ystadegau Gwladol) is the executive office of the UK Statistics Authority, a non-ministerial department which reports directly to the UK Parliament. Overview The ONS is responsible for t ...
has stated that it is not possible to conclusively identify transgender victims in current homicide statistics because the gender of the homicide victim is determined by the police force that records the crime, however between 2017 and 2018, the Home Office recorded 545 violent hate crimes against trans people. Research from the LGBT charity Stonewall has found that during that same period, 19% of trans people in the UK were victims of domestic abuse, compared to 7.9% of cis women and 4.2% of cis men.


Gender recognition

The
Gender Recognition Act 2004 The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows people who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005. Operation of the law The Gender Recognition Ac ...
was drafted in response to court rulings from the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
. On 11 July 2002, in ''
Goodwin & I v United Kingdom ''Christine Goodwin v. United Kingdom'' is a case decided by the European Court of Human Rights on 11 July 2002. The applicant, Christine Goodwin, a United Kingdom national born in 1937, was a trans woman. She claimed that she had problems and fac ...
'', ( '' Christine Goodwin & I v United Kingdom'' 0022 FCR 577), the European Court of Human Rights ruled that rights to privacy and family life were being infringed and that "the UK Government had discriminated based on the following: Violation of Article 8 and Article 12 of the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
". Following this judgment, the UK government had to introduce new legislation to comply. In response to its obligation, the UK
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
passed the Gender Recognition Act 2004, which effectively granted full legal recognition for binary transgender people. Since 4 April 2005, as per the
Gender Recognition Act 2004 The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows people who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005. Operation of the law The Gender Recognition Ac ...
, it is possible for transgender people to change their
legal gender Legal gender, or legal sex, is a sex or gender that is recognized under the law. Biological sex, sex reassignment and gender identity are used to determine legal gender. The details vary by jurisdiction. History In European societies, Roma ...
in the UK. Transgender people must present evidence to a Gender Recognition Panel, which considers their case and issues a Gender Recognition Certificate (GRC); they must have transitioned two years before a GRC is issued. It is not a requirement for
sex reassignment surgery Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and a ...
to have taken place. However, such surgery will be accepted as part of the supporting evidence for a case where it has taken place. There is formal approval of medical gender reassignment available either on the
National Health Service The National Health Service (NHS) is the umbrella term for the publicly funded healthcare systems of the United Kingdom (UK). Since 1948, they have been funded out of general taxation. There are three systems which are referred to using the " ...
(NHS) or privately. If the person's birth or adoption was registered in the United Kingdom, they may also be issued a new birth certificate after their details have been entered onto the Gender Recognition Register. In June 2020, a report published by the European Commission ranked the procedure established in the Gender Recognition Act 2004 as amongst the worst in Europe with "intrusive medical requirements", which means it now lags behind international human rights standards. In September 2020, the UK government published the results of a public consultation into reform of the Gender Recognition Act 2004 which had been launched in 2018. This showed majority support for wide-ranging changes, however the UK Government decided not to change the current law.


Cost

In April 2021, it was reported that the fee for a Gender Recognition Certificate would be reduced from £140 to £5 in early May 2021. People applying for a GRC still require additional documents that separately increase the cost of applying for a GRC to far more than this £5 fee, leaving many still financially unable to apply for the certificate.


Legal recognition of non-binary identities

The title " Mx." is widely accepted in the United Kingdom by government organisations and businesses as an alternative for non-binary people, while the
Higher Education Statistics Agency The Higher Education Statistics Agency (HESA) was the official agency for the collection, analysis and dissemination of quantitative information about higher education in the United Kingdom. HESA became a directorate of Jisc after a merger in 202 ...
allows the use of non-binary gender markers for students in
higher education Higher education is tertiary education leading to award of an academic degree. Higher education, also called post-secondary education, third-level or tertiary education, is an optional final stage of formal learning that occurs after comple ...
. In 2015,
early day motion In the Westminster parliamentary system, an early day motion (EDM) is a motion, expressed as a single sentence, tabled by members of Parliament that formally calls for debate "on an early day". In practice, they are rarely debated in the House a ...
EDM660 was registered with Parliament, calling for citizens to be permitted access to the 'X' marker on passports. In 2016, a formal petition through the Parliamentary Petitions Service calling for EDM660 to be passed into law gained only 2,500 signatures before closing. In September 2015, the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Just ...
responded to a petition calling for self-determination of legal gender, stating that they were not aware of "any specific detriment" experienced by non-binary people unable to have their genders legally recognised. In January 2016, the ''Trans Inquiry Report'' by the
Women and Equalities Committee The Women and Equalities Committee is a select committee of the House of Commons in the Parliament of the United Kingdom. It was established following the 2015 general election to examine the expenditure, administration and policy of the Governme ...
called for protection from discrimination of non-binary people under the Equality Act, for the 'X' gender marker to be added to passports, and for a wholesale review into the needs of non-binary people by the government within six months. In May 2021, the Government rejected a petition to legally recognise non-binary identities, claiming there would be "complex practical consequences" for such a move. The petition has passed the threshold of 100,000 signatures to be considered for a debate in Parliament, but this debate had not yet been scheduled.


Discrimination protections

The
Sex Discrimination Act 1975 The Sex Discrimination Act 1975 (c. 65) was an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marital status. The Act concerned employment, training, education, harassmen ...
made it illegal to discriminate on the ground of
anatomical sex Sex is the trait that determines whether a sexually reproducing animal or plant produces male or female gametes. Male plants and animals produce smaller mobile gametes (spermatozoa, sperm, pollen), while females produce larger ones ( ova, of ...
in employment, education, and the provision of housing, goods, facilities and services. The Sex Discrimination (Gender Reassignment) Regulations 1999 extended the existing Sex Discrimination Act, and made it illegal to discriminate against any person on the grounds of gender reassignment, but only in the areas of employment and vocational training. The Equality Act 2006 introduced the Gender Equality Duty in Scotland, which made public bodies obliged to take seriously the threat of harassment or discrimination of transsexual people in various situations. In 2008, the Sex Discrimination (Amendment of Legislation) Regulations extended existing regulation to outlaw discrimination when providing goods or services to transsexual people. The definition of "transsexual" used in the Gender Equality Duty is still technically the same as that in the Sexual Discrimination Act; however, this legislation was meant to prevent discrimination against all
transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through ...
people. The
Equality Act 2010 The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
officially adds "gender reassignment" as a "protected characteristic", stating: "A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex." This law provides protection for transgender people at work, in education, as a consumer, when using public services, when buying or renting property, or as a member or guest of a private club or association. Protection against discrimination by association with a trans person is also included. The Equality Act 2010 prohibits discrimination against people with the protected characteristic of gender reassignment in the provision of separate and single-sex services but includes an exception that service providers can use in exceptional circumstances. In general, organisations that provide separate or single‑sex services for women and men, or provide different services to women and men, are required to treat trans people according to the gender role in which they present. In limited circumstances, treating trans people differently may be lawful. For example, excluding a trans woman from group support sessions within a sexual abuse crisis centre and instead electing to provide individual support privately, may be justified if their presence is considered detrimental to the support of other service users. This is likely to meet the legal requirements of the exemption in the Equality Act which states that it may be applied as "a proportionate means of achieving a legitimate aim". The exclusion can only be applied on an individual case-by-case basis and must not form part of a blanket policy for the treatment of trans people (Equality Act 2010, Schedule 3, Part 7; Equality Act 2010, Schedule 23). In 2018, a spokesperson for the Government Equalities Office maintained that the government had no plans to amend the Equality Act 2010 either directly or indirectly, and that it planned to maintain the Equality Act's "provision for single and separate sex spaces". In addition to the basic legal protection afforded by the Equality Act 2010, the UK government has published good practice guidance on providing services that are inclusive of trans people as customers, clients, users or members. Some transgender rights activists, such as ''Transgender Equality & Rights in Scotland'', advocate adding the category of "gender identity", "in order to be more clearly inclusive of those transgender people who do not identify as transsexual and do not intend to change the gender in which they live". They also want to introduce measures that would clarify protections from discrimination in education, certain kinds of employment, and medical insurance. In 2020, the court case
Taylor v Jaguar Land Rover Ltd ''Taylor v Jaguar Land Rover Ltd'' was a UK employment tribunal court case in 2020 that ruled that non-binary gender and genderfluid identities fall under the protected characteristic of gender reassignment in the Equality Act 2010. Background ...
ruled that non-binary gender and genderfluid identities fall under the protected characteristic of gender reassignment in the Equality Act 2010. In December 2021, the Girls' Day School Trust, the largest network of girls' private school in the UK, issued a blanket ban of trans girls being admitted to any of its schools. In July 2022,
Vice News Vice News (stylized as VICE News) is Vice Media's current affairs channel, producing daily documentary essays and video through its website and YouTube channel. It promotes itself on its coverage of "under-reported stories". Vice News was create ...
reported that the Financial Conduct Authority had planned to issue regulations which required the 58,000 businesses under its jurisdiction to allow trans people in their employ to self declare their gender without the need for a gender recognition certificate.
Vice A vice is a practice, behaviour, or habit generally considered immoral, sinful, criminal, rude, taboo, depraved, degrading, deviant or perverted in the associated society. In more minor usage, vice can refer to a fault, a negative character t ...
reported that after receiving pressure from the Equality and Human Rights Commission, the FCA pivoted to a policy of requiring trans people to be referred to by the sex on their birth certificate, unless they have a gender recognition certificate, which only 1% of trans people in the UK possess. Following corresponding backlash from LGBTQ employees within the FCA, all proposed policy changes were scrapped in their entirety.


Conversion therapy

On 31 March 2022, a Downing Street briefing paper leaked to ITV News showed that the government had planned to drop proposed legislation banning
conversion therapy Conversion therapy is the pseudoscientific practice of attempting to change an individual's sexual orientation, gender identity, or gender expression to align with heterosexual and cisgender norms. In contrast to evidence-based medicine and cl ...
, following an announcement that ministers would explore non-legislative methods of handling the practice. The legislation would have included a ban on conversion therapy for transgender people. Within hours of the leaks, a senior government source stated that the legislation would be introduced in the Queen's Speech in May, and that plans to drop the legislation had been shelved following backlash within the Conservative party and from media outlets. However, in a change from the originally announced plans to ban conversion therapy, the legislation would not criminalise conversion therapy against transgender people. In response, at least 120 LGBT groups pulled out of the UK's planned first ever ''Safe To Be Me'' conference on LGBT issues. In July 2022, when gay MP
Peter Gibson Sir Peter Leslie Gibson (born 10 June 1934), is a former British barrister and Lord Justice of Appeal of the Court of Appeal of England and Wales, and is currently a judge of the Qatar International Court. Gibson has also served, between April ...
resigned as Parliamentary Private Secretary in the
Department for International Trade The Department for International Trade (DIT) is a department of His Majesty's Government responsible for striking and extending trade agreements between the United Kingdom and foreign countries, as well as for encouraging foreign investment and ...
in protest at
Boris Johnson Alexander Boris de Pfeffel Johnson (; born 19 June 1964) is a British politician, writer and journalist who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2019 to 2022. He previously served as F ...
's conduct in the Chris Pincher scandal, his resignation letter expressed disappointment about "the damage our party has inflicted on itself over the failure to include trans people in the ban on conversion therapy". Fellow gay MP and PPS Mike Freer mentioned in his resignation letter that he felt the government was "creating an atmosphere of hostility for LGBT+ people.


Marriage


''Corbett v Corbett''

The legal case of '' Corbett v Corbett'', heard in November and December 1969 with a February 1971 decision, set a legal precedent regarding the status of
transsexual Transsexual people experience a gender identity that is inconsistent with their assigned sex, and desire to permanently transition to the sex or gender with which they identify, usually seeking medical assistance (including sex reassignmen ...
people in the United Kingdom. It was brought at a time when the UK did not recognise mutual consent as reason enough to dissolve a marriage. Arthur Corbett, the plaintiff, sought a method of dissolving his marriage to the model
April Ashley April Ashley (29 April 1935 – 27 December 2021) was an English model. She was outed as a transgender woman by ''The Sunday People'' newspaper in 1961 and is one of the earliest British people known to have had sex reassignment surgery. Her ...
, who had brought a petition under the Matrimonial Causes Act 1965 for maintenance. As a result of Justice Ormrod's decision, the marriage was deemed void, and an unofficial correcting of birth certificates for transsexual and
intersex Intersex people are individuals born with any of several sex characteristics including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical bin ...
people ceased. In the 1980s and 1990s, the pressure group, Press for Change, campaigned in support for transgender and transsexual people to be allowed to marry, and helped take several cases to the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
. In ''Rees v. United Kingdom'' (1986), the court decided that the UK was not violating any human rights.


Situation since the Gender Recognition Act 2004

Since the Gender Recognition Act 2004, transgender people who are married have been required to divorce or annul their marriage in order for them to be issued with a Gender Recognition Certificate (GRC). The government chose to retain this requirement in the Act as, effectively, it would have legalised a small category of same-sex marriages. The Civil Partnership Act 2004 allowed the creation of civil partnerships between same-sex couples, but a married couple that includes a transgender partner cannot simply re-register their new status. They must first have their marriage dissolved, gain legal recognition of the new gender and then register for a civil partnership. This is like any divorce with the associated paperwork and costs. With the legalisation of
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
in England and Wales, existing marriages will continue where one or both parties change their legal gender and both parties wish to remain married. However, civil partnerships continue where only both parties change their gender simultaneously and wish to remain in their civil partnership. This restriction remains as, effectively, it would legalise a small category of opposite-sex civil partnerships. The legislation also does not restore any of the marriages of transgender people that were forcibly annulled as a precondition for them securing a GRC; a GRC will not be issued unless the spouse of the transgender person has consented. If the spouse does not consent, the marriage must be terminated before a GRC may be issued. Scottish same-sex marriage law does not allow a person to veto their spouse's gender recognition in this manner.


Legality of sex without disclosure of trans status

Under McNally v R, a 2013 legal precedent in England and Wales concerning the case of an underage gender non-conforming person having sex with a cisgender girl, consensual sexual intercourse in which both parties are not aware of each other's trans status or lack thereof can be prosecuted as rape by gender fraud. In 2016, trans man Kyran Lee was likewise convicted of sexual assault for having consensual sex without disclosing his trans status.


Summary by legal jurisdiction and territory


Public attitudes

A report on "Attitudes to transgender people" commissioned by the Equality and Human Rights Commission found that 84% of the British public described themselves as "not prejudiced at all" towards transgender people and 76% believed that prejudice against transgender people was "always or mostly wrong". Stonewall said the "common anti-trans narratives" do not reflect public opinion. A 2020 survey highlighted a
generation gap A generation gap or generational gap is a difference of opinions between one generation and another regarding beliefs, politics, or values. In today's usage, ''generation gap'' often refers to a perceived gap between younger people and their pare ...
, and found that 56% of Generation Z (ages 18 to 24) believed that transgender rights have not gone far enough, compared to only 20% of
baby boomers Baby boomers, often shortened to boomers, are the Western demographic cohort following the Silent Generation and preceding Generation X. The generation is often defined as people born from 1946 to 1964, during the mid-20th century baby boom. ...
(ages 55 to 75). Similarly, a YouGov survey found that 57 per cent of women believed that trans people should be able to self-identify as their chosen gender; the survey also found that 70% of Labour voters supported self-identification while only 13% opposed it; furthermore the study found that support for trans rights was most profound in urban areas, with only 14% in London opposed. A study entitled "The 'fault lines' in the UK's culture wars" found that people who opposed trans rights were more likely to rely on incorrect information. A 2018 survey of 1,000 UK employers found that 33% reported themselves as "less likely" to hire a trans person, and only 9% believed trans people should be protected from employment discrimination. On 9 July 2022, Vogue reported that over 20,000 people marched in
London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
to support trans rights. On 16 July, ''
PinkNews ''PinkNews'' is a UK-based online newspaper marketed to the lesbian, gay, bisexual and transgender community ( LGBT) in the UK and worldwide. It was founded by Benjamin Cohen in 2005. It closely follows political progress on LGBT rights a ...
'' reported that over 20,000 people marched in Brighton for the same cause. Christine Burns, author of ''Trans Britain: Our Journey from the Shadows'', stated in a
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by ...
article that ''
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper '' The Sunday Times'' (f ...
'' and ''
The Sunday Times ''The Sunday Times'' is a British newspaper whose circulation makes it the largest in Britain's quality press market category. It was founded in 1821 as ''The New Observer''. It is published by Times Newspapers Ltd, a subsidiary of News UK, w ...
'' newspapers published "six trans related pieces in 2016" but "over 150 in 2017 and similarly each year since". In evidence given to the Edinburgh Employment Tribunal in 2019, Burns said that during 2016, both ''The Times'' and ''Sunday Times'' began to publish a larger number of trans-related stories, and by 2017 had "uniquely" published "over 130" trans-related items, which she described as a "trans backlash" stemming from 2015. In December 2020, the
Independent Press Standards Organisation The Independent Press Standards Organisation (IPSO) is the regulator of the newspaper and magazine industry in the UK. It was established on 8 September 2014 after the windup of the Press Complaints Commission (PCC), which had been the main ind ...
released a report stating that the average number of UK media stories about trans rights had jumped 414% between May 2014 and May 2019, from 34 per month to 176 per month, and that in the preceding year of research that number had risen to 224 stories per month.


Transphobia and TERF debate

Several commentators have described the level of
transphobia Transphobia is a collection of ideas and phenomena that encompass a range of negative attitudes, feelings, or actions towards transgender people or transness in general. Transphobia can include fear, aversion, hatred, violence or anger to ...
in British society in general (including the negative coverage of trans-related issues in the media) and the support for
trans-exclusionary radical feminism TERF () is an acronym for trans-exclusionary radical feminist. First recorded in 2008, the term was originally used to distinguish trans-inclusive feminists from a group of radical feminists who reject the assertion that trans women are wom ...
(TERF) in particular as unusual compared to other
Western countries The Western world, also known as the West, primarily refers to the various nations and states in the regions of Europe, North America, and Oceania.
, and the discourse on transgender-related issues in the United Kingdom has been called a "TERF war". Lisa Tilley described the British media as playing a large role in advancing a transphobic agenda to demonise transgender people, and that "the effects are to make the UK one of the most transphobic countries in the world." Drawing on theory of radicalisation, Craig McLean argues that discourse on transgender-related issues in the UK has been radicalised in response to the activities of new lobby groups that push "a radical agenda to deny the basic rights of trans people ..under the cover of "free speech'". Finn Mackay argued that "during the pandemic, the ceaseless attacks on and lies told about trans people in our media have only increased ..the fact that our media is awash with conspiracy theories about trans lives ..should be a national shame." The UK-wide public consultation on reforming the process of obtaining a Gender Recognition Certificate, launched by the government of
Theresa May Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cabi ...
in 2018, has led to a "toxic culture war," according to
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by ...
. In a report on "hate against LGBTI people in Europe" published in 2021, the Council of Europe criticised "the extensive and often virulent attacks on the rights of LGBTI people for several years" in the United Kingdom along with
Hungary Hungary ( hu, Magyarország ) is a landlocked country in Central Europe. Spanning of the Pannonian Basin, Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the ...
,
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populou ...
,
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
, and
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a transcontinental country located mainly on the Anatolian Peninsula in Western Asia, with a small portion on the Balkan Peninsula in ...
, and said that these attacks "deliberately mischaracterise the fight for the equality of LGBTI people as so-called 'gender ideology' and seek to stifle the identities and realities of all those who challenge the social constructs that perpetuate gender inequalities and gender-based violence in our societies." ​The report described anti-trans rhetoric in the United Kingdom as having gained "baseless and concerning credibility, at the expense of both trans people's civil liberties and women's and children's rights", citing an increase in anti-trans hate crimes since 2015 and statements made at the 2021
IDAHOT International Day Against Homophobia, Biphobia, Lesbophobia and Transphobia is observed on May 17 and aims to coordinate international events that raise awareness of LGBT rights violations and stimulate interest in LGBT rights work worldwide. B ...
forum by Minister of Equalities,
Kemi Badenoch Olukemi Olufunto Badenoch ( ; née Adegoke, 2 January 1980) is a British politician serving as Secretary of State for International Trade, President of the Board of Trade and Minister for Women and Equalities since 2022. She previously served i ...
. The report also highlighted anti-LGBT+ hate speech on social media. This state of affairs has led to the moniker "TERF Island" being used in some circles to refer to the UK. At several British universities student bodies have sought to ban trans-exclusionary radical feminists from appearing as speakers. In 2015 the University of Manchester Students' Union banned
Julie Bindel Julie Bindel (born 20 July 1962) is an English radical feminist writer. She is also co-founder of the law reform group Justice for Women, which has aimed to help women who have been prosecuted for assaulting or killing violent male partners. A ...
from speaking at the university over concerns that her views would "incite hatred." In 2018 the University of Bristol Students' Union (Bristol SU) adopted a motion that banned trans-exclusionary radical feminists (TERFs) from appearing as speakers at Bristol SU events and that called upon the university to adopt the same policy. The motion said the TERF ban was necessary because TERF activity on the university campus "put trans students' safety at risk ..in direct violation of the aims outlined in the Code of Conduct." In November 2021, the physician and LGBT+ rights activist Adrian Harrop was forced to attend a tribunal held by the Department of Health's Medical Practitioners Tribunal Service to determine his fitness to continue practising medicine, after he made several tweets in support of trans rights. Vice News reported that "One of the tweets deemed 'highly offensive' by the tribunal involved Harrop calling a woman who vocally opposes trans rights 'a venomous transphobic bigot', whose aim was to 'demonise trans people' while 'excluding them from public life'." The MPTS ultimately handed down a one-month suspension for Harrop's tweets, stating in its ruling that "Harrop's actions in posting inappropriate tweets over a sustained period of time, in contradiction to the advice he was given, breached fundamental tenets of the profession. His actions brought the profession into disrepute, undermining public confidence in the profession and the standards of conduct expected from members of the profession." In June 2022, it was announced that Stephanie Davies-Arai, founder of the group Transgender Trend, which advocates against access to gender affirming healthcare for transgender youth, would receive the British Empire Medal from Queen Elizabeth II. A June 2022
YouGov YouGov is a British international Internet-based market research and data analytics firm, headquartered in the UK, with operations in Europe, North America, the Middle East and Asia-Pacific. In 2007, it acquired US company Polimetrix, and sinc ...
poll found "an overall gradual erosion in support towards transgender rights". In 2018, 43% of Brits surveyed agreed that trans women are women, compared to 38% in 2022. 61% of Brits surveyed stated they were against trans women in women's sports, compared to 48% in 2018. Likewise, the number of people believing there is no risk to allowing trans women to use women's facilities fell from 43% to 32%. The number of people who believed a doctor's permission should not be required to change their gender on government documents fell from 65% to 60%. Sasha Misra, Associate Director of Communications for Stonewall, stated in response that "a dip in public support on some trans issues is only to be expected, given the excessive and incendiary level of coverage we have seen in the media over the last few years". The poll also found only 38% of Brits surveyed were in favor of the NHS providing gender affirming care. In July 2022, ''PinkNews'' reported that MP Joanna Cherry had been elected chair of the
Joint Committee on Human Rights The Joint Committee on Human Rights is a joint committee of the Parliament of the United Kingdom. The remit of the committee is to consider human rights issues in the United Kingdom. Membership As at November 2022, the members of the committee ...
. ''PinkNews'' reported that Cherry supports the
LGB Alliance The LGB Alliance is a British advocacy group founded in the UK in 2019, in opposition to the policies of LGBT rights charity Stonewall on transgender issues. Its founders were Bev Jackson, Kate Harris, Allison Bailey, Malcolm Clark and Ann S ...
(created in opposition to Stonewall after they began to campaign for transgender equality). Professor Stephen Whittle OBE of Manchester Metropolitan University was quoted describing Cherry as having "antagonism to trans people's privacy rights as clarified by the European Courts", and characterised the development as "an incalculable loss to justice and parliament's role in protecting the UK's minorities". In August 2022, Attorney General
Suella Braverman Sue-Ellen Cassiana "Suella" Braverman (; ''née'' Fernandes, born 3 April 1980) is a British barrister and politician who has served as Home Secretary since 25 October 2022. She previously held the position from 6 September to 19 October 2022 ...
opined that it is lawful for schools to misgender, deadname, ban from some sports, reject from enrollment based on their trans status, and refuse any and all other forms of gender affirmation to trans kids, and that to recognise their identities as trans would qualify as "indoctrinating children". In October 2022, the Home Office reported that between 2021 and 2022, hate crimes against trans people increased by 56%, which it linked to growing hostility on social media.


BBC coverage

The BBC, the United Kingdom's state-funded media, has frequently drawn criticism from both pro-transgender activist groups and British politicians for its reporting on and policies towards trans issues. In December 2020, the head of the UK media regulator Ofcom issued a condemnation the BBC for balancing appearances by transgender people with activists from gender critical groups, calling it "extremely inappropriate". In October 2021, the BBC published the article 'We're being pressured into sex by some trans women', written by Caroline Lowbridge. It was produced by BBC
Nottingham Nottingham ( , locally ) is a city and unitary authority area in Nottinghamshire, East Midlands, England. It is located north-west of London, south-east of Sheffield and north-east of Birmingham. Nottingham has links to the legend of Robi ...
, a branch of
BBC English Regions BBC English Regions is the division of the BBC responsible for local and regional television, radio, web, and teletext services in England, the Isle of Man, and the Channel Islands. It is one of the BBC's four "nations" – the others being B ...
. The article claims that lesbians are being pressured by
transgender women A trans woman or a transgender woman is a woman who was assigned male at birth. Trans women have a female gender identity, may experience gender dysphoria, and may transition; this process commonly includes hormone replacement therapy and ...
into having sex with them. The article received widespread criticism among the LGBT community as
transphobic Transphobia is a collection of ideas and phenomena that encompass a range of negative attitudes, feelings, or actions towards transgender people or transness in general. Transphobia can include fear, aversion, hatred, violence or anger tow ...
. It drew particular attention for the inclusion of comments from female pornographic actress Lily Cade, who wrote a blog post after the article's publication calling for the "lynching" of trans women. Cade's comments were subsequently removed from the article. Trans Activism UK, Trans Media Watch and
Mermaids In folklore, a mermaid is an aquatic creature with the head and upper body of a female human and the tail of a fish. Mermaids appear in the folklore of many cultures worldwide, including Europe, Asia, and Africa. Mermaids are sometimes asso ...
were critical of the article; an open letter with 20,000 signatories asked for the BBC to apologise. ''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' and ''
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper '' The Sunday Times'' (f ...
'' reported that the article was met with backlash by BBC staff, including prior to its publication, while protests took place outside BBC offices. Criticisms centred on the inclusion of a
Twitter Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...
poll from the anti-transgender group Get the L Out that reported 56% of 80 self-selected lesbians had been pressured into sex by transgender women. Critics also believed that Lowbridge's chosen interviewees had a narrow range of viewpoints. A Stonewall executive is quoted on the subject, as is the co-founder of the
LGB Alliance The LGB Alliance is a British advocacy group founded in the UK in 2019, in opposition to the policies of LGBT rights charity Stonewall on transgender issues. Its founders were Bev Jackson, Kate Harris, Allison Bailey, Malcolm Clark and Ann S ...
, which was created in opposition to Stonewall after they began to campaign for transgender equality. In November 2021, the BBC announced it was pulling out of Stonewall's diversity scheme, citing a need to remain impartial.


Equality And Human Rights Commission

The Equality and Human Rights Commission (EHRC) is a
non-departmental public body In the United Kingdom, non-departmental public body (NDPB) is a classification applied by the Cabinet Office, Treasury, the Scottish Government and the Northern Ireland Executive to public sector organisations that have a role in the process of ...
in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, established by the Equality Act 2006 with effect from 1 October 2007. The commission has responsibility for the promotion and enforcement of equality and non-discrimination laws in England, Scotland and Wales. It took over the responsibilities of the
Commission for Racial Equality The Commission for Racial Equality (CRE) was a non-departmental public body in the United Kingdom which aimed to address racial discrimination and promote racial equality. The commission was established in 1976, and disbanded in 2007 when its ...
, the Equal Opportunities Commission and the Disability Rights Commission. The EHRC also has responsibility for other aspects of equality law: age,
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
and religion or belief. A
national human rights institution A national human rights institution (NHRI) is an independent state-based institution with the responsibility to broadly protect and promote human rights in a given country. The growth of such bodies has been encouraged by the Office of the United ...
, it seeks to promote and protect human rights in England and Wales. In April 2021, the EHRC submitted evidence backing Maya Forstater in
Forstater v Center for Global Development Europe ''Forstater v Center for Global Development Europe'' is a UK employment and discrimination case brought by Maya Forstater against the Center for Global Development (CGD). The Employment Appeal Tribunal decided that gender-critical views are cap ...
, wherein Forstater sued her employer, the Center for Global Development Europe, for not having her employment contract renewed after expressing gender critical beliefs. ''PinkNews'' reported that the EHRC issued a statement saying "We think that a 'gender critical' belief that 'trans women are men and trans men are women' is a philosophical belief which is protected under the Equality Act". In May 2021, the EHRC withdrew itself from Stonewall's diversity champions scheme. In December 2021, gender critical lawyer Akua Reindorf was named the commissioner of the EHRC, along with receiving a seat as a board member, by Liz Truss. In January 2022, the EHRC released dual statements opposing the removal of administrative barriers for trans people to receive legal recognition in Scotland, and asking that England and Wales' ban on conversion therapy not include trans people. In February 2022, Vice News reported that it had been leaked sections of an unpublished EHRC guidance pack dating to late 2021, which advised businesses and organisations to exclude transgender people from single-sex spaces - including toilets, hospital wards, and changing rooms - unless they held a Gender Recognition Certificate (GRC). Vice reported that the guidance, which had been due to be released in January 2022, but had not been published , was aimed at " rotectingwomen", and that just 1% of trans people in the UK held a GRC.


Grooming conspiracy theory

In 2020, anti-transgender activist
Graham Linehan Graham Linehan () (born 22 May 1968) is an Irish television writer and anti-transgender activist. He created or co-created the sitcoms ''Father Ted'' (1995–1998), ''Black Books'' (2000–2004) and '' The IT Crowd'' (2006–2013). He has also ...
was banned from Twitter after beginning to use "OK groomer" as an attack against those who criticised his activism. The term was also picked by pressure group Transgender Trend, which used in material that it sent to schools to oppose advice given by LGBT+ charities such as Stonewall. In March 2020, ''
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper '' The Sunday Times'' (f ...
'' columnist
Janice Turner Janice Turner (born 8 April 1964) is a British journalist, and a columnist and feature writer for ''The Times''. Early life Turner was born in Wakefield, West Yorkshire. She went to Ridgewood School in the north of Doncaster. She attended the ...
accused the charity
Mermaids In folklore, a mermaid is an aquatic creature with the head and upper body of a female human and the tail of a fish. Mermaids appear in the folklore of many cultures worldwide, including Europe, Asia, and Africa. Mermaids are sometimes asso ...
, which offers support for trans youth, of grooming for introducing an exit button on their website in response to the
COVID-19 pandemic The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identi ...
lockdown. The conspiracy has also been used by the far-right in the UK, including Tommy Robinson.


Scotland

In March 2022, a bill was formally introduced in the Scottish Parliament which would reform the Gender Recognition Act implemented by the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
in 2004. If enacted, this bill would make it easier for trans people in Scotland to change their legally recognised gender by changing the process of applying for a Gender Recognition Certificate. Under the changes, applicants would no longer need to prove having lived for two years in their acquired gender or obtain a gender dysphoria diagnosis. Instead, they would be required to swear under oath that they intend to remain permanently in their acquired gender. In addition, applications would be handled by the Registrar General for Scotland, instead of a UK-wide gender recognition panel. The
UK Government ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal Arms , date_est ...
has ruled out implementing similar changes in England and Wales. In December 2022 the bill was passed by the Scottish Parliament by a vote of 86-39 and is awaiting
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
. The UK government is considering a challenge to the legislation.


See also

*
History of transgender people in the United Kingdom This article addresses the history of transgender people across the British Isles in the United Kingdom, the British colonies and the Kingdom of England until the present day. Transgender people were historically recognised in the UK by varyin ...
*
Transgender rights A transgender person is someone whose gender identity is inconsistent or not culturally associated with the sex they were assigned at birth and also with the gender role that is associated with that sex. They may have, or may intend to establi ...
* LGBT+ Liberal Democrats * Labour Campaign for Trans Rights *
Intersex rights in the United Kingdom Intersex people in the United Kingdom face significant gaps in legal protections, particularly in protection from non-consensual medical interventions, and protection from discrimination. Actions by intersex civil society organisations aim to ...
*
LGBT rights in the United Kingdom The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom of Great Britain and Northern Ireland have varied over time. Prior to the formal introduction of Christianity in Britain in 597 AD, when Augustine of Ca ...
*
"We're being pressured into sex by some trans women" "We're being pressured into sex by some trans women" is the original title of a BBC News article written by Caroline Lowbridge and published on 26 October 2021. Produced by the BBC's regional service in Nottingham, the article claims that lesbi ...


References


External links


Gender Recognition Certificate
{{Transgender topics Human rights in the United Kingdom LGBT rights in the United Kingdom Transgender in the United Kingdom Transgender law in the United Kingdom
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
United Kingdom tribunals Gender in the United Kingdom Discrimination in the United Kingdom Healthcare in the United Kingdom