The Equality and Human Rights Commission (EHRC) has urged the Scottish Government to exclude 16 and 17-year-olds from its radical plans to make changing legal sex easier.
In a briefing to MSPs, the Commission raised concerns over the impact of amendments to the Gender Recognition Reform (Scotland) Bill, warning that one to extend the waiting period for 16 and 17-year-olds from three months to six does not sufficiently protect young people.
The Equalities, Human Rights and Civil Justice Committee approved SNP MSP Christine Grahame’s amendment, and rejected another amendment, which would have excluded under 18s from the legislation. A final vote on the legislation of all MSPs is expected before Christmas.
‘Less significance’
Under the current law, only adults are able to change legal sex. The Bill extends ‘sex swaps’ to 16-year-olds, whilst also removing the need for medical evidence and reducing the two-year waiting period to three months for over 18s.
The EHRC stated: “We recognise that 16 is the age of legal capacity in Scotland, but also that higher age limits apply for several matters that are of less significance than changing legal sex, such as purchasing alcohol and tobacco, getting a tattoo or driving a car.”
The equalities watchdog highlighted a statement made in the independent interim review of NHS gender services in England, conducted by Dr Hilary Cass, which asserted that social transition in young children is not a “neutral act”, and that it should only be considered where “any associated needs and risks have been addressed”.
The EHRC warned that changing legal sex is “a significant form of social transition”, and recommended that Holyrood consider “amendments that raise the age threshold to 18 or incorporate additional safeguards for 16 and 17-year-olds”.
‘Window dressing’
Last week, The Christian Institute’s Ciarán Kelly criticised the Government’s so-called concessions to the Bill for being “little more than window dressing”.
He said: “What’s being proposed would barely scratch the surface of the deep-rooted problems with this terrible Bill. It further entrenches the false belief that it is possible to change sex and will cause even greater misery and confusion for children and their families.
“Children need protecting from radical gender ideology and the obvious and best thing to do is to remove 16 and 17-year-olds from the legislation completely.”
Last month, polling found that of 1,018 voters in Scotland surveyed by Panelbase, 62 per cent opposed decreasing the minimum age to 16, with only 19 per cent in favour.
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