Sunday, 9 November 2008

WARNING GIRES information is not always legally sound

The Department of Health has authorised the publication of "A guide to trans service users' rights", the sixth in the series of booklets that it has commissioned the Gender Identity Research and Education (GIRES) to develop.

The new booklet is available online at:

http://www.gires.org.uk/dohpublications.php

GIRES is currently working on the next two booklets, which provide guidance on surgery for trans men and for trans women.

Readers need to be aware that these booklets are produced against a background of how the Department of Health want to protect the National Health Service discriminatory practices as regards true transsexuals.

Firstly none of them mention the Mental Capacity Act that renders all current procedures and processes illegal.

Secondly the Department of Health has continually tried to undermine the Gender Recognition Act.

I have letters from the Department of Health that illustrate the depth of the prejudice against transsexual people who they believe to be mentally ill sexual deviants.

This is from the new publication with my comments:

GIRES Booklet in italics:

1.3 Would having a Gender Recognition Certificate make any difference to my treatment?

This may make staff more aware of using correct names and titles and more willing to give you appropriate accommodation in a hospital ward.


This is an incredibly condescending sentence as if the law doesn’t exist!

It entitles you to special protection against information about your trans status or history being passed on to others (see Privacy versus disclosure at section

1.4) but it should not make any difference to your medical treatment.


Wrong, Wrong, Wrong!

In medical terms you, as a trans service user, may well have mixed sex characteristics. Your ongoing medical care must be provided in accordance with these, REGARDLESS of your legal gender status, e.g. trans women may still need prostate gland checks, while trans men do not. Both trans men and trans women may benefit from breast checks as they get older.

Now this is classic Department of Health spin the second part is correct in the sense that medical science isn’t good enough to remove and change every part of your body BUT a Gender Recognition Certificate means that you cannot legally be forced into psychiatric assessments or attending a Gender Identity Clinic.

Most importantly it gives you the absolute legal right to the surgeon of your choice at the hospital of your choice.

The Department of Health lawyers know all this they just don’t want you have the same rights as “normal” people.

When dealing with any part of the Department of Health or Health Service never lose sight of the fact that they don’t want to treat you as they consider it all self inflicted lifestyle changes brought about by mental illness through sexual deviancy.

Think that’s an exaggeration then look at DSM IV the American Psychiatrists manual that sets the diagnosis and treatment for transsexuals here in England!

The problem is that too many people in the medical establishment think that’s correct and cling to it. Remember they hated giving up the mental illness classification for homosexual people and would love to have it back.

It would be so much better if people like GIRES who are genuinely trying to improve things for transsexuals stopped accepting the status quo and became a militant organisation demanding real change.

Perhaps they should become gender guerrilla girls too…

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