Press for Change: The UK's Leading Authority on Transgender Law

Telephone Advice Line 08448 708165 on Thurs 9.3Oam - 5pm. Mon to Weds 10am to 4.30pm when available

Home     Your Rights     Hate Crime     FAQ's     Advice Sources     Business Support     Latest News     About Us     Site Map     Jobs     Contact Us     Donations      
Trans People     Legislation     Equality     Gender Recognition     Your Privacy     Your Health Care     Bereavement     HumanRightsAct1998     Your Pension      

  For Trans People.  A Short Guide: Your right to be treated Equally and to enforce your Human rights          

Trans People's Right to be Treated Equally             

 

 

The Equality Act 2010 provides extra protection for trans people twho are treated unequally both in the workplace and whenever you access goods, services , housing and facilities.

Do you think you have been a victim of discrimination, or had your human rights ignored? 

HOW TO KNOW YOU HAVE A CLAIM

1. Read A Short Guide to Your Rights.

2. PLEASE Help us Help you - Write a short Incident diary of the events and incidents:

This really helps PFC to work out whether you might have a claim.

Our legal advisors are part time and many of the hours they put in on your behalf will be provided on a voluntary basis - so try and make our life a little easier. Type (preferred) orm write a diary of the events, and send it to us at office_at_pfc.org.uk (replace _at_ with @) along with your enquiry.

In your Incident diary please include;

  • Dates of events
  • Times and circumstances of events
  • Details of People involved
  • Details of People who were witnesses
  • What actually happened including
    • the words said
    • the actions done
    • Any response you made at the time or later

Also, please provide details of:

  • who, if anyone, you have tried to address the matter with already including
  • how they responded
  • Include a basic outline of correspondence to date. We will ask for copies later if we require them, so please do not throw anything away.

Indicate if a meeting or disciplinary has been arranged, or court papers have been filed already.

Send the final document in with your details and request for help to office_at_pfc.org.uk (replace _at_ with @)

Do NOT forget to provide details of what actions you have taken to date to resolve these matters, or to mediate (lessen) your loss.

 

 Trans People's Human Rights                                

 

The Human Rights Act 1998 protects you from the worst abuses of state power. The rights embodied in UK law by the HRAct reflect those contained within the European Convention on Human Rights, as the right to:

  • Fairness
  • Respect
  • Equality
  • Dignity
  • Personal Autonomy -- the FREDA Principles

 

 : To date the European Court of Human Rights, and the House of Lords have only addressed the following Articles of the Convention in relation to Trans people

Article 8: the right to respect for your private and family life, your home and correspondence

Article 12: the right marry and found a family

However PFC believes there is scope for further intervention in the areas of some of the other Convention Articles - for example

Article 3: the right not to be subject to [...] inhuman or degrading treatment or punishment.

Article 6: the right to a fair and public hearing

Article 9: the right to freedom of thought, conscience and religion

Article 10: the right to freedom of expression

Article 14: the right of everyone to enjoy the rights and freedoms set forth in the Convention without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

A human rights based approach is one where

  • the realisation of human rights principles is a central aim in an organisation's policy and planning,
  • employees and service users are empowered and involved in achieving these,
  • accountability is clear and
  • the most vulnerable groups are prioritised.

A human rights claim can only be brought against the state, i.e. government, local authorities, Public Sector organisations, and any other organisation set up by statute e.g. British Gas.

Remember the five core values (the FREDA principles)that underpin, and sum up your entitlements from the state; these are:

  1. Fairness
  2. Respect
  3. Equality
  4. Dignity
  5. Personal Autonomy
    .

If you feel that there has been a failure in one of these principles, potentially you can ask the courts  to declare a decision to be wrong (a Judicial Review) or for a change in policy and practice so as to ensure your rights, or you may be able to claim damages if you have suffered a financial loss.