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Feminism: Sex and gender discussions

What do you think should happen to the Gender Recognition Act (GRA)?

604 replies

TERFisTHEnewTREND · 01/01/2024 22:28

Personally, I can't believe this act was ever passed! I know 2004 was a different time, but still!

I believe that the only way of moving past the gender madness in law is to revoke the GRA. "Gender" is about as useful as someone's favorite type of music, so it has no place on a legal document.

As for what should happen to those who already have a GRA... well, I think some of them are owed an apology by those who told them that this piece of paper would change their sex (which it doesn't).

What do others think?

OP posts:
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MargotBamborough · 02/01/2024 20:35

PlanetJanette · 02/01/2024 20:24

Putting the onus on NI parties to change the jurisprudence of the ECHR in order to maintain the Good Friday Agreement is yet another ridiculous comment from you.

Whats more, it’s not about whether the parties care about the Good Friday Agreement. It is about whether the UK cares about it. There are elements within both the DUP and Sinn Fein that would not be averse to the GFA unravelling. The point is that the UK as a whole should not be as cavalier as you are with the peace process.

Why is it not legitimate for the UK to decide it cares more about the human rights of 51% of the population, including that of Northern Ireland?

I do not for one moment believe that peace in Northern Ireland would break down if the UK decided to withdraw from the ECHR because its continued membership was incompatible with protecting women's rights.

But IF the ECtHR made it clear that the UK's sovereign government could not make changes to its own laws to protect its female population without falling foul of the ECtHR's entirely self made rule that men with gender identities are entitled to falsify their legal documents, and it did so knowing that it was forcing the UK's hand on this issue and that there could be a knock on impact on the Good Friday Agreement, the only relevant question here would be why the ECtHR was prioritising the demands of a small number of men with gender identities over peace in Northern Ireland.

Is there anything that must not be sacrificed on the altar of trans?

Like it or not, Janette, women are allowed to say no, and our government is allowed to support women. If the ECtHR has a problem with that because it goes against their bizarre belief that if you squint very hard in the light of the full moon you can clearly see that the participating member states intended for men to have an inalienable right to falsify their legal documents and access women's spaces, the ECtHR simply isn't fit for purpose. That's not women's fault, and we are under no moral or legal obligation to put up with this shit.

BernardBlacksMolluscs · 02/01/2024 20:47

cor

is there anything that uppity women refusing to act like doormats aren't responsible for?

restarting the Troubles is a new and interesting plot twist so well done Platy Janty on that one.

sanluca · 02/01/2024 20:51

Wowser, so if women feel screwed over by the GRA, bad luck if you want it changed because it will cause the troubles in Northern Ireland again. Sorry, but this reeks of 'everything is womens fault' and is up there with 'women will get raped anyway'

But I am wondering, and please dear MN-ers, help me out here, how the court deals with the conflict between article 8, the right of private life, that is used to underpin the GRA, and article 14 discrimination based on sex. If you read the guidance it is all about protecting women against discrimination based on sex and government having frameworks in place to protect women. But the way article 8 and the GRA is used directly undermines any all and all framework for article 14.

So how does the ECHR think this would work? Anyone know?

PencilsInSpace · 02/01/2024 20:56

@MargotBamborough fantastic posts throughout this thread, thank you Flowers

Froodwithatowel · 02/01/2024 20:57

It reminds me of the 'if you push for single sex spaces you run the risk of losing your abortion rights so sit down you're rocking your boat'.

It's all mad sexism. Always. With the sole goal of men's sexual freedoms.

Froodwithatowel · 02/01/2024 20:57

PencilsInSpace · 02/01/2024 20:56

@MargotBamborough fantastic posts throughout this thread, thank you Flowers

Seconded. Wine

Boomboom22 · 02/01/2024 21:03

@PlanetJanette stop it now. Are you even northen Irish?
Are the people aware you use them as a threat of violence, so unstable apparently are these people it's a very delicate balance to stop them breaking into civil war.

As for not trusting the UK courts, literally the most trusted courts there are, and wanting to be subject to the eu, ok then. Ireland can unite and be part of the eu as it is then. Otherwise NI really need to stop trying to hold England to some sort of threat, again. It wasn't OK then and it still isn't now.

We well remember the bombs and threats made, having to evacuate to the field at school because of a threat. How dare you threaten women with terrorism?

If anyone in NI reacted that way then they would hopefully be sentenced and imprisoned very quickly indeed, if peace is so fragile.

ArabellaScott · 02/01/2024 21:05

Froodwithatowel · 02/01/2024 20:57

Seconded. Wine

Fourthed!

JanesLittleGirl · 02/01/2024 21:12

PlanetJanette · 02/01/2024 20:11

The thing many posters don’t seem to get is that the Good Friday Agreement is not just an agreement between the UK and Ireland. It is a multiparty agreement.

The ECHR provisions were included because there was no confidence among nationalists and Catholics that human rights abuses would be addressed by UK courts applying solely UK legislation. An important part of the balance in the Agreement from a nationalist perspective is also that there is a common floor in rights protection across Ireland and Northern Ireland.

There is simply no way that there is any agreement among the parties to the GFA to just remove those obligations and no incentives for nationalist parties to agree to do so. When the agreement was struck, it was carefully balanced - for nationalists the ‘losses’ were recognition of NI within the UK and the principle of consent and the ‘wins’ were the mechanism for a unity referendum and rights protections.

The idea that you can just dip in and surgically amend the Agreement suggests lack of understanding of Northern Ireland and the peace process. Unpick the rights provisions of the GFA and the other provisions also start to unravel. Why would nationalists feel compelled to adhere still to the principle of consent if another important element is removed? If the support for the principle of consent is eroded what does that mean for unionist support for power sharing and the border poll mechanism?

The earlier claim by a poster that this isn’t brain surgery, and the comment by another of ‘whatever’ at the prospect of all of this unravelling are just stunningly ignorant and cavalier.

I cannot answer for any other poster. I am invested in the continued and (hopefully) growing movement towards the normalisation of peace in NI. I despair that the DUP can demolish effective democratic representation and Strand 2 of the GFA without any sanction from the GFA framework. I say this because I believe that the continued success of the GFA depends on goodwill rather than the ECHR.

ResisterRex · 02/01/2024 21:15

PencilsInSpace · 02/01/2024 20:56

@MargotBamborough fantastic posts throughout this thread, thank you Flowers

Fifthed?! Do people say that? Oh well if not maybe I'll take comfort from the fact it's rather a more minor transgression than reopening The Troubles...

Have a Wine Margot!

Helleofabore · 02/01/2024 21:16

PencilsInSpace · 02/01/2024 20:56

@MargotBamborough fantastic posts throughout this thread, thank you Flowers

add me to that list too. Thank you Margot.

JanesLittleGirl · 02/01/2024 21:16

BTW, I do not believe that there are 10,000 homicidal maniacs that are only held in check by 37 pages of paper.

PlanetJanette · 02/01/2024 21:16

Boomboom22 · 02/01/2024 21:03

@PlanetJanette stop it now. Are you even northen Irish?
Are the people aware you use them as a threat of violence, so unstable apparently are these people it's a very delicate balance to stop them breaking into civil war.

As for not trusting the UK courts, literally the most trusted courts there are, and wanting to be subject to the eu, ok then. Ireland can unite and be part of the eu as it is then. Otherwise NI really need to stop trying to hold England to some sort of threat, again. It wasn't OK then and it still isn't now.

We well remember the bombs and threats made, having to evacuate to the field at school because of a threat. How dare you threaten women with terrorism?

If anyone in NI reacted that way then they would hopefully be sentenced and imprisoned very quickly indeed, if peace is so fragile.

Please stop talking about something you evidently know nothing about.

You just demonstrate again that you have no understanding of Northern Ireland when you claim - in the context of Catholic and nationalist insistence on rights provisions in the GFA - that the British courts are the most trusted there are.

You demonstrate it with a simplistic ‘well just arrest them’ - as if no one thought of that through the 70s to the 90s.

You demonstrate it when you suggest this is about staying part of the EU, when it is actually about the ECHR.

And you demonstrate it when you say NI can just unite with Ireland - despite already having been told that the risk in unravelling the GFA lies not in a majority wanting constitutional change (that would be manageable and legitimate). The risk lies in the undoing of the acceptance of the principle of consent and other key tenets of the Agreement, without which the entire basis of the disbandment of proscribed organisations potentially falls away.

PencilsInSpace · 02/01/2024 21:17

JanesLittleGirl · 02/01/2024 19:03

You are referring to:

2. The British Government will complete incorporation into Northern Ireland law of the European Convention on Human Rights (ECHR), with direct access to the courts, and remedies for breach of the Convention, including power for the courts to overrule Assembly legislation on grounds of inconsistency.

You are obviously correct that withdrawal would remove access to the ECtHR and it is a reasonable inference that this withdrawal would be a breach. So what would this mean in practice? UK won't withdraw from the GFA. Will ROI? Will UK and ROI seek a reasonable work-around? Could there be a new Supreme Court of Human Rights for NI with 2 judges from UK and 2 from ROI who apply the current ECtHR case law?

That would mean that the GRA couldn't be repealed for NI because the new court would strike it out. So maybe other solutions need to be explored. Back to not recording sex markers on official documents to render the GRA redundant?

This would be a very bad idea. As PP pointed out, it's important for safeguarding that sex and age are clearly and accurately recorded.

It would be giving the TRA exactly what they want - further erasure of sex. The Yogyakarta plus 10 principles, say that legal gender recognition is a mere stepping stone to the decertification of sex altogether.

https://yogyakartaprinciples.org/principle-31-yp10/

This has been discussed at length on this board because KCL got given £575K to explore the idea. A few of many threads:

https://www.mumsnet.com/talk/womens_rights/3274586-Big-research-project-to-decide-if-we-still-need-sex-as-a-legal-category

https://www.mumsnet.com/talk/womens_rights/3401337-Attitudes-to-Gender-a-survey-being-used-to-write-a-new-gender-bill-in-the-UK

https://www.mumsnet.com/talk/womens_rights/3732308-Future-of-Legal-Gender-academic-talk

https://www.mumsnet.com/talk/womens_rights/3913843-Future-of-legal-gender-and-mumsnet

What do you think should happen to the Gender Recognition Act (GRA)?
MargotBamborough · 02/01/2024 21:28

PlanetJanette · 02/01/2024 21:16

Please stop talking about something you evidently know nothing about.

You just demonstrate again that you have no understanding of Northern Ireland when you claim - in the context of Catholic and nationalist insistence on rights provisions in the GFA - that the British courts are the most trusted there are.

You demonstrate it with a simplistic ‘well just arrest them’ - as if no one thought of that through the 70s to the 90s.

You demonstrate it when you suggest this is about staying part of the EU, when it is actually about the ECHR.

And you demonstrate it when you say NI can just unite with Ireland - despite already having been told that the risk in unravelling the GFA lies not in a majority wanting constitutional change (that would be manageable and legitimate). The risk lies in the undoing of the acceptance of the principle of consent and other key tenets of the Agreement, without which the entire basis of the disbandment of proscribed organisations potentially falls away.

Janette, you are straw manning.

This subject has got fuck all to do with Northern Ireland.

If it's not possible to balance women's rights against the ECtHR's completely undemocratic interpretation of "trans rights" whilst respecting the current provisions of the Good Friday Agreement in relation to ECHR membership, a workaround will need to be found.

As I said before, the mechanics of that are a fuckload easier than squaring the circle of how you keep an open border between a country that is in the single market and a country that is outside it.

But you know this.

Everyone knows this.

The only reason you are making this argument is because it's literally all you've got. Because you cannot come up with anything even vaguely resembling a respectable argument as to why it is more important to respect a completely imaginary treaty right for a few men to change their "legal sex" than it is to respect women's actual, real human rights.

sanluca · 02/01/2024 21:32

PlanetJanette, can you please stop bringing up the GFA when the discussion is the repeal of the GRA? Your point is understood that it is a good thing if the UK can keep the ECHR framework.

Can we discuss how article 8 and 14 conflict when it come to the registration of gender identity and whether the right to private life should mean the right to change your sex marker on official documents?

With the majority of transwomen being very obviously male, having a sex marker that says male is not a breach of private life as everyone will already know they are male. Knowing the sex marker doesn't change or add anything about the person. Thereby the argument that it is necessary to change your sex marker to protect your private life is no longer valid. Doesn't that remove the legal basis of the GRA anyway?

MrsOvertonsWindow · 02/01/2024 22:05

Well this has escalated!
It's amazing how those desperate to wedge the male penis into changing rooms where girls and women undress now use the GFA as a stick to beat women with along with all their other random accusations.

Quite the clown world as someone else has pointed out.

Baldieheid · 02/01/2024 22:07

So it's pesky wimminz fault for insisting on having human rights if the religious and sectarian terrorism campaigns kick off again in NI? Women's fault for.....what, exactly? Are we pulling the guns and the bombs out of our fannies or something? Is THAT where they hid them all?? Jesus, I've been throwing myself down on the couch all these years without a care in the world, and at any given moment I could've went "boom"???

JanesLittleGirl · 02/01/2024 22:17

Baldieheid · 02/01/2024 22:07

So it's pesky wimminz fault for insisting on having human rights if the religious and sectarian terrorism campaigns kick off again in NI? Women's fault for.....what, exactly? Are we pulling the guns and the bombs out of our fannies or something? Is THAT where they hid them all?? Jesus, I've been throwing myself down on the couch all these years without a care in the world, and at any given moment I could've went "boom"???

Nah. It's just Planet trying to guilt us into STFU.

PlanetJanette · 02/01/2024 22:34

MargotBamborough · 02/01/2024 21:28

Janette, you are straw manning.

This subject has got fuck all to do with Northern Ireland.

If it's not possible to balance women's rights against the ECtHR's completely undemocratic interpretation of "trans rights" whilst respecting the current provisions of the Good Friday Agreement in relation to ECHR membership, a workaround will need to be found.

As I said before, the mechanics of that are a fuckload easier than squaring the circle of how you keep an open border between a country that is in the single market and a country that is outside it.

But you know this.

Everyone knows this.

The only reason you are making this argument is because it's literally all you've got. Because you cannot come up with anything even vaguely resembling a respectable argument as to why it is more important to respect a completely imaginary treaty right for a few men to change their "legal sex" than it is to respect women's actual, real human rights.

You keep doing this whole ‘it’s not relevant’ and ‘it’s so simple to solve’ lines (both lines are contradictory by the way).

But you have still been unable to provide any actual basis for those claims.

If it’s not relevant then you can either show how GRA could be repealed within the ECHR as it stands (I get you think it might change, and I don’t - but unless it does you’re stuck with the ECHR as it is), or why withdrawal from the ECHR isn’t relevant to the Good Friday Agreement. But you can’t do either - because the facts are pretty clear on this.

So then you’re left with ‘it’s easy to solve’ - but you have repeatedly failed to even begin to set out how in any way that stacks up.

You can keep dismissing the facts I’ve posted if you like. It doesn’t change those facts though.

PlanetJanette · 02/01/2024 22:37

sanluca · 02/01/2024 21:32

PlanetJanette, can you please stop bringing up the GFA when the discussion is the repeal of the GRA? Your point is understood that it is a good thing if the UK can keep the ECHR framework.

Can we discuss how article 8 and 14 conflict when it come to the registration of gender identity and whether the right to private life should mean the right to change your sex marker on official documents?

With the majority of transwomen being very obviously male, having a sex marker that says male is not a breach of private life as everyone will already know they are male. Knowing the sex marker doesn't change or add anything about the person. Thereby the argument that it is necessary to change your sex marker to protect your private life is no longer valid. Doesn't that remove the legal basis of the GRA anyway?

You’re free to discuss whichever bit of this topic you wish. I’m free to discuss the aspect that I consider to be most relevant. Which is the bit that everyone here is so keen to avoid - which is that simply calling for repeal like it’s some simple matter with no wider consequences are being deeply dishonest or deeply ignorant (or both).

PlanetJanette · 02/01/2024 22:38

MrsOvertonsWindow · 02/01/2024 22:05

Well this has escalated!
It's amazing how those desperate to wedge the male penis into changing rooms where girls and women undress now use the GFA as a stick to beat women with along with all their other random accusations.

Quite the clown world as someone else has pointed out.

Another one keen to dismiss but without a shred or argument or fact as to why what I’ve posted is wrong.

Baldieheid · 02/01/2024 22:41

So the "wider consequences" are important when it comes to NI, but not when it comes to legislation that adversely affects over 50% of the world?

Gotta prioritise the chaps, haven't we?

PlanetJanette · 02/01/2024 22:43

Baldieheid · 02/01/2024 22:41

So the "wider consequences" are important when it comes to NI, but not when it comes to legislation that adversely affects over 50% of the world?

Gotta prioritise the chaps, haven't we?

Are you under the impression that there are no women in Northern Ireland?

Or do you think they were untouched by the troubles?

MargotBamborough · 02/01/2024 22:47

PlanetJanette · 02/01/2024 22:43

Are you under the impression that there are no women in Northern Ireland?

Or do you think they were untouched by the troubles?

Do you think they are untouched by gender ideology?

It's appalling that you are twisting the Troubles to suit your narrative that women should just put up and shut up.

Why do you hate women so much?

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