A UN gender violence expert has reaffirmed the organisation’s support for a self-ID process for trans people as he hit out at “misinformation” and opposition “fuelled by a lack of evidence”.
Two conflicting UN experts gave evidence ahead of MSPs considering plans to modernise the process for how trans people obtain a gender recognition certificate.
MSPs will take on a lengthy Holyrood session to consider more than 150 amendments to the Scottish Government’s gender recognition reforms on Tuesday before politicians vote on the historic legislation on Wednesday.
READ MORE: MSPs urged to back SNP's gender plans amid 'democracy' concerns
Under the plans, supported by all Holyrood parties except the Tories, trans people will no longer need a gender dysphoria diagnosis to obtain a certificate with a move to a system of self-ID.
If the plans are approved, the lower age limit to apply for a gender recognition certificate will be lowered from 18 to 16 years old.
A host of other countries including Ireland and France already have a self-ID system in place.
Those opposing the legislation have claimed that the overhaul could impact on single-sex spaces, despite none of those locations requiring a gender recognition certificate to enter.
Critics including the Conservatives, have pointed to evidence by Reem Alsalem, the UN special rapporteur on violence against women and girls, who has raised safety concerns in relation to the plans.
But at a last-ditch Holyrood evidence session on Monday evening, the UN’s independent expert on protection against violence and discrimination based on sexual orientation and gender identity, insisted that the organisation has a long-held support for a self-ID system.
READ MORE: Kezia Dugdale warns women who support gender reforms 'voiceless'
Speaking at Holyrood’s Equalities, Human Rights and Civil Justice Committee, Victor Madrigal-Borloz, warned he has “become increasingly concerned about the misrepresentation of the United Nations’s long-standing position in relation to legal recognition of gender identity based on self-identification”.
He also pointed to his fear that some of those who oppose the legislation are using the debate “as a proxy for reigniting exclusionary discussions on the very existence and rights of trans people”.
Mr Madrigal-Borloz added: “This narrative often uses stigma against trans men and trans women. I have also grown concerned about the toxicity of this debate and its impact on the safety and security of all, but very particularly, trans persons.”
Speaking to the cross-party evidence session, Mr Madrigal-Borloz warned he found it “extremely troublesome” that some of the “weaponisation” of the debate was “questioning the very existence of trans people”.
He also hit out at some critics who he claimed were spreading an “atmosphere of moral panic”.
Mr Madrigal-Borloz said: “Stigma is, by definition, fuelled by lack of evidence.
READ MORE: Misinformation over gender recognition plans used to 'whip up moral panic'
“You are just hoping that your voice is loud enough or strong enough or that it appears to be supported by a significant number of persons. Then you are hoping that will be the evidence in itself.”
But Ms Alsalem, also giving evidence to the committee, made a final plea to MSPs “not to rush” through the legislation, warning that “there are a number of issues that still need to be worked through”.
Ms Alsalem has claimed that the safety of women and girls could be compromised if the legislation is passed without improved safeguards.
She said: “ I wanted to emphasis that, of course, the issues I have raised are not about legal recognition or it being a right in international human rights law.
“The issue is that self-ID has no established basis in international law.
“Those violent males who can take advantage of any loopholes will do so in order to get into women’s spaces and have access to women.”
Ms Alsalem pointed to a need to clarify the “relationship to the Equalities Act” and single-sex spaces and “ensuring that we look at the totality of rights”.
She added: “I have not seen consensus that counties can or could adopt a self-ID model.
“I think they can be based on self-ID but there is no proof anywhere that it should be unhinged, that it should have a complete disregard for safeguards.”
Conservative equalities spokesperson, Rachael Hamilton, said: “Reem Alsalem has restated her grave fears that the SNP’s gender recognition reforms could risk women’s safety.
The SNP have done everything they can to dismiss Reem Alsalem’s expert view, so it’s welcome that MSPs and the Scottish public have been allowed to hear her concerns first hand.”
She added: “However...it seems clear that the SNP have no intention of seriously acknowledging her concerns.
“With the safety of women and girls at stake, the Scottish Government should have followed the UN special rapporteur’s advice and paused this unwanted Bill weeks ago."
“I urge MSPs of all parties to listen to Reem Alsalem’s damning verdict and vote against these rushed and reckless reforms.”
Speaking to broadcasters yesterday, First Minister Nicola Sturgeon stressed the legislation “doesn’t give any new rights to trans people”.
She said: It takes an existing process that many trans people, a tiny, tiny minority in our society, consider to be invasive, intrusive, traumatic and robs them of their humanity.
“It seeks to make that process more humane and less intrusive. It doesn’t give any new rights nor does it take any rights away from anyone else.”
Ms Sturgeon added: “I believe we should be promoting a country where everyone is valued for who they are, supported to live in the life they want to live and where we do everything we can to enhance equality for everyone."
I’ve been a feminist all my life, I always will be and a strong advocate for the rights of women.
"I don’t believe the rights of women are or considered to be in conflict with greater protection or the rights of the minority who are trans in our society.”
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