Gender Identity Item 7.1 of agenda Standards Working Group Meeting July 2018 - Luxembourg Ana Franco Eurostat, Unit B.5 Data and Metadata Services and Standards

Background The UN expert Group on International classifications discussed the interest of having a Gender identity international classification in their last meeting (9/2017). 3 countries presented their experiences: Canada, Australia and New Zeeland In the European Union, United Kingdom has also developed a gender identity classification and is collecting information on the transgender population. The UN expert Group on International classifications considered that it was premature to develop a standard now but encourage countries to test questions and structures for a possible classification. The issue will be included in the agenda of the next meeting of the Expert Group.

Clarifying concepts Sex refers to the classification of a person as male, female or intersex based on biological characteristics, including chromosomes, hormones, external genitalia and reproductive organs. Most often, sex is assigned by a medical professional at birth and is based on a visual assessment of external genitalia. Gender identity is a person’s deeply felt internal and individual experience of gender. This could include an internal sense of being a man, woman, both, neither or anywhere along the gender spectrum. Gender expression refers to the way in which people publicly present their gender through such aspects as dress, hair, body make-up, body language and voice. Sexual orientation refers to the sex and/or gender of people that an individual is sexually and emotionally attracted to. It is derived from someone’s sexual attraction, behavior, and/or identity.

Canada – Why? Since May 2016, in Canada, discrimination based on gender identity and gender expression have been forbidden by law. In a close future, Canadian passports and other identification administrative documents will allow a third option “X” for gender different from the traditional Male or Female. This policy context established a need for data on gender minorities.

Canada-Questions What was your sex at birth? Sex refers to sex assigned at birth. ☐ Male ☐ Female   What is your gender? Gender refers to current gender which may be different from sex assigned at birth and may be different from what is indicated on legal documents. ☐ Male ☐ Female ☐ Or please specify Specify your gender here

Canada - Definitions Gender refers to the gender that a person internally feels (“gender identity” along the gender spectrum) and the gender a person publicly expresses (“gender expression”) in their daily life including at work, while shopping or accessing other services, in their housing environment or in the broader community. A person’s current gender may differ from the sex a person was assigned at birth (male or female) and may differ from what is indicated on their current legal documents.

Canada – Classifications (gender) Code Category Definition M Male gender Male gender includes persons whose gender was reported as male. This includes cisgender and transgender persons who were reported as being male. F Female gender Female gender includes persons whose gender was reported as female. This includes cisgender and transgender persons who were reported as being female. X Gender diverse This category includes persons whose gender was reported as being other than male or female. It includes persons who were reported as being unsure of their gender, people who were reported as both male and female, or neither male nor female.

Canada – Classifications (cisgender) Code Category Definition C Cisgender This category includes persons who have reported that their gender is the same as their sex assigned at birth. CM Cisgender Male This category includes persons whose sex was reported as male and whose gender was also reported as male. CF Cisgender Female This category includes persons whose sex was reported female and whose gender was also reported as female.

Canada – Classifications (Transgender) Code Category Definition TM Transgender man This category includes persons whose sex assigned at birth was reported as female and whose current gender was reported as male. It also includes persons whose current gender was indicated as transman. TF Transgender woman This category includes persons whose sex assigned at birth was reported as male and whose current gender was reported as female. It also includes persons whose current gender was indicated as transwoman TG Transgender person, n.e.c. This category includes persons whose current gender was not reported exclusively as male or female. It includes persons who were reported as being unsure of their gender, persons who were reported as both male and female, or neither male nor female.

Australia – Why? Aligns with the Australian Government Guidelines on the Recognition of Sex and Gender, November 2015 which complements Commonwealth anti-discrimination law and the Australian Privacy Principles. The ABS will be progressively incorporating the Standard for Sex and Gender Variables into its household survey program over the next few years. For the 2016 Census, the ABS include questions allowing individuals to identify as a sex or gender other than the sex they were assigned at birth and might not identify as exclusively male or female.

Australia - Questions The 2016 Census also included a small pilot test of 29,000 dwellings which were given the special online form as their default online form. Its main purpose was to test the attitudes and responses among the wider population to the third response option of 'Other (please specify)'.

Australia - definitions The term ‘gender’ refers to the way in which a person identifies their masculine or feminine characteristics. A person’s gender relates to their deeply held internal and individual sense of gender and is not always exclusively male or female. It may or may not correspond to their sex assigned at birth.

Australia – classifications (sex) Code Category Definition M Male Persons who have male or predominantly masculine biological characteristics, or male sex assigned at birth. F Female Persons who have female or predominantly feminine biological characteristics, or female sex assigned at birth. X Other Persons who have mixed or non-binary biological characteristics (if known), or a non-binary sex assigned at birth.

Australia – classifications (gender) Code Category Definition M Male Adults who identify themselves as men, and children who identify themselves as boys. F Female Adults who identify themselves as women, and children who identify themselves as girls. X Other Adults and children who identify as non-binary, gender diverse, or with descriptors other than man/boy or woman/girl.

New Zeeland – Why? New Zealand legislation guarantees non-discrimination on the basis of gender identity through the Human Rights Act of 1993 (HRC, 2008). Lack of data affects gender minorities visibility, and therefore increases the prospect of discrimination.

New Zeeland - Questions What gender do you identify as? ☐ Male ☐ Female ☐ Gender diverse What gender do you identify as? .................................. What is your gender identity? ..................................

New Zeeland - Definitions Gender identity is an individual’s internal sense of being wholly female, wholly male, or having aspects of female and/or male. Gender identity is understood to refer to each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex recorded at birth. A person’s gender identity can change over their lifetime, and can be expressed in a number of ways and forms. This expression includes outward social markers, such as name, clothing, hairstyles, mannerisms, voice, and other behaviors.

New Zeeland – Classification (gender identity) 1. Male 11 Male 2. Female 21 Female 3. Gender diverse 30 Gender diverse not further defined 31 Transgender male to female 32 Transgender female to male 39 Gender diverse not elsewhere classified

United Kingdom – Why? Policy development and service planning; especially in relation to the provision of health services. Need for information on those with the protected characteristic of gender reassignment as set out in the Equality Act 2010.

United Kingdom – Questions (1) Q1 At birth were you described as… Please tick one option Male □ Female □ Intersex □ I prefer not to say □

United Kingdom – Questions (2) Q2 Which of the following describes how you think of yourself? Please tick one option Male □ Female □ In another way:□ ____________

United Kingdom – Questions (3) Q3 Have you gone through any part of a process (including thoughts or actions) to change from the sex you were described as at birth to the gender you identify with, or do you intend to? (This could include changing your name, wearing different clothes taking hormones or having any gender reassignment surgery). Yes □ → Please go to Q4 No □ → End.

United Kingdom – Questions (4) Q4 Continuing to think about these examples, which of the following options best applies to you? Please tick one option I am thinking about going through this process □ I am currently going through this process □ I have already been through this process □ I have been through this process, then changed back □ None of the above □___________ I prefer not to say □

United Kingdom - Definitions Gender identity is the way in which an individual identifies with a gender category.

United Kingdom - Classifications No classification found

Difficulties on data collection Cultural/religious aspects - very high non-response or non-reliable answers Subjectivity of the question - respondents can give different answers across time and depending on the context of the survey Size of the population (minorities) – not all surveys are suitable Information should not be obtained by proxy interviews Understanding of the concepts

Discussion Is there any national initiatives on collecting data on Gender identity? Would an European standard classification on Gender Identity be useful?