European and Global LGBT Rights: Changing Legal and Professional Practice.
Submitting Institution
Manchester Metropolitan UniversityUnit of Assessment
SociologySummary Impact Type
SocietalResearch Subject Area(s)
Studies In Human Society: Political Science
Law and Legal Studies: Law
Summary of the impact
Interdisciplinary research at Manchester Metropolitan University on
transgender law, lesbian, gay, bisexual and transgender (LGBT) politics,
polyamory, and bisexuality has had a direct role in transforming legal and
professional practice, and in improving the treatment of LGBT people
within Europe and globally. Specifically, this research has advanced
health care, public policy, and the legal status of transgender people
throughout Europe and worldwide through research with activist, national
and supra-national governmental bodies. Research with LGBT/polyamory
communities has benefitted physicians, activists and artists in the LGBT
rights struggles in the UK, and Central and Eastern Europe (CEE).
Underpinning research
An absence of legal protection and the prevalence of homophobia, biphobia
and transphobia in UK, European and global contexts is manifest through
high levels of ongoing prejudice, discrimination, violence and
inequalities. Dr Stephen Whittle OBE (Equalities Law; Professor since
2006; Reader 2001-06), Dr Jon Binnie (Human Geography; Reader since 2005,
Senior Lecturer 2001-2005) and Dr Christian Klesse (Cultural Studies &
Sociology Senior Lecturer since 2009, Lecturer in Cultural Studies and
Sociology,2006-2009) form an interdisciplinary group researching LGBT
rights.
Whittle's research brought transgender socio-legal theory to prominence.
Developing a mixed-method trans standpoint methodology using legislation
and case law analysis, online surveys, intensive semi-structured
interviews, activist participation and narrative, discourse and
observational analysis, in the 1990s, Whittle documented the
discrimination experienced by transgender people and comprehensively
demonstrated the need for legal protection and rights recognition.
Research with Dr Lewis Turner (Research Assistant, formerly of Lancaster
University, of Press For Change) was instrumental in obtaining legal
recognition, through the European Courts and national legislation, of
trans people's preferred gender identity. Supplemented with new
quantitative methods of en-masse narrative analysis, research for the
Discrimination Law Review (2006) [1] and a wide-ranging
multi-language study for the Council of Europe(2008) which co-ordinated
data collection using European sociologists [2] found entrenched
structural inequalities resisting legal change, demonstrating a need for
positive equalities policies, particularly in the public sector. This
served as a platform for the development of wider, dynamic research into
transgender rights, with a focus on transgender health care [3] in
recent years and the activism/scholarship connection.
This relationship between activism and scholarship was central to
research on transnational LGBTQ activism in Central and Eastern Europe by
Binnie and Klesse (2008-2009). An interdisciplinary qualitative project
examined the spatial dynamics of LGBTQ activist networks at protest events
in Poland, it involved a mixed-method qualitative methodology, in-depth
interviews with 35 transnational LGBT activists, and participant
observation of LGBTQ protest events. The key findings of this research
were that solidarity is a key to the formation of transnational activist
networks, and that coalitions are subject to tensions around age, gender,
class and nationality. Moreover, the project demonstrates the centrality
of transnational coalitions and socio-economic inequalities to
contemporary European LGBT politics.
As a pioneer of the geographies of sexualities, through a series of
ground-breaking publications, Binnie has charted the development of
research on the spatialities of sexual subjectivities and politics since
the mid-1990s. His work provided a theoretical overview and critique of
the emerging field of global sexualities studies between the mid-1990s and
the mid-2000s culminating in his ground-breaking book The
Globalization of Sexuality [4]. This monograph established a
political economic framework for research on global sexualities,
foregrounding questions of class and redistribution as key dimensions of
transnational sexual politics and activism. This established a theoretical
framework for collaborative research on transnational LGBT activism in
Central and Eastern Europe with Klesse (2008-2009). Binnie also examines
socio-economic inequalities in publications drawing on data collected of
the qualitative ESRC-funded study on sustainable gay space entitled Violence,
Security, Space: A Study of the Practical and Policy Context of
Sustainable Safe Public Spaces, in Manchester (1999-2001), led by
Professor Beverley Skeggs [5]. This project entailed a
mixed-method project including qualitative interviews and focus groups
with different user groups of Manchester's gay village.
Klesse's [6] qualitative interview-based, discourse-analytical
research on non-heterosexual, non-monogamous relationships and identities
(undertaken between 1997 and 2003) established non-monogamy as a key theme
within sexuality studies. It also demonstrated the social invisibility of,
and discrimination against bisexual and polyamorous communities. This work
highlighted the centrality of conflicts around non-monogamy in gay male,
bisexual and polyamorous politics.
References to the research
[1] Whittle, Stephen, Turner, Lewis and Al-Alami, Maryam (2007)
Engendered Penalties: Transsexual and Transgender Experience of Inequality
and Discrimination by Trans People, (Cabinet Office, London) available at
http://www.pfc.org.uk/pdf/EngenderedPenalties.pdf.
(Commissioned DLR)
[4] Binnie, Jon (2004) The Globalization of Sexuality,
(Sage, London). ISBN: 978-0761959366
[5] Binnie, Jon and Skeggs, Beverley (2004) `Cosmopolitan
knowledge and the production and consumption of sexualized space:
Manchester's gay village', Sociological Review, 52(1): 39-62.
DOI: 10.1111/j.1467-954X.2004.00441.x
[6] Klesse, Christian (2007) The Spectre of Promiscuity: Gay
Male and Bisexual Non-Monogamies and Polyamories, (Ashgate,
Aldershot). ISBN: 978-0-7546-4906-9
Grants to indicate research quality
• Whittle & TGEU, Legal Survey/TransEquality, ILGA &Council of
Europe, 2008 €55000
• Whittle & PFC, Provision: Gender Identity Services in UK, DoH 2008,
£10900
• Whittle & PFC, How to meet the Public Sector Duty for Trans People,
DoH, 2011, £11000
• Whittle & WPATH, Workshops: Trans Health care & Trans
Prisoners, 2009, SOROS: €20300
Details of the impact
Research on European and global LGBT rights has impacted on
international, European and UK human rights law, standards of care, health
policies, and the training of mental health professionals. It has shaped
public debate on gender and sexual politics in national and international
arenas, including the United Nations, the Council of Europe, UK
Parliament, international and UK media, European activist and artist
networks.
Since 1990, Whittle's research has had a real and significant impact for
the better on the legal status of more than 5 million trans people in the
Europe Union and Council of Europe states, and many more throughout the
world. He worked on the drafting of the UK Gender Recognition Act
(2003-4). Further research led to Whittle's appointment to the DTI's
Discrimination Law Review [2007], the DCLG's Equalities Review [2008] the
Government Equalities Office Single Equality Act Stakeholders Reference
Group, and Specific Duties Advisory Group [2008-10], so ensuring
transgender inclusion in the Equality Act 2010. Work with local activists
ensured the Gender Recognition Act 2004 (UK) was the model for legislation
in South Africa (2003), Spain (2007) and Sweden (2011). Whittle was
invited by the International Commission of Jurists to become a co-author
of the proposed United Nations' Yogyakarta Protocols on Sexual
Orientation, Gender Identity and Human Rights http://en.wikipedia.org/wiki/Yogyakarta_Principles
which are increasingly used as guidance by courts worldwide. These led to
the UN General Assembly Statements [A] (2009, 2011) recognising
human rights violations and confirming international protections for LGBT
people.
The first non-medic and trans person to become President of the World
Professional Association for Transgender Health (2007-09), Whittle
obtained SOROS funding for workshops at the 2009 WPATH symposium, which
led to a unanimous vote placing Human Rights at the heart of the new
International Care Standards [B]. A paper to the American
Psychiatric Association's Diagnostic Manual's (DSM5) review on
classification of Gender Dysphoria as a mental disorder [C] led to
the acknowledgement of gender identity as core to personal autonomy, and
amendment of the DSM5 mental health category, leading to material change
in Gender Identity clinical provision. The results of Whittle's
comprehensive European legal survey and study of trans discrimination in
the Council of Europe (CoE) States, were presented to the CoE Human Rights
Commissioner [D], Thomas Hammarberg, and led to an issue paper [E]
launched at the World Out Games, in Copenhagen. Whittle was a member of
the steering committee for the Office of the Commissioner for Human
Right's study on LGBTI Discrimination in Europe [F], and was
Transgender Europe's observer to the Council of Europe Committee on Sexual
Orientation and Gender Identity Rights, ensuring trans inclusion in the
Council's Recommendation on Sexual Orientation and Gender Identity
Discrimination CM/Rec(2010)5 [G].
Whittle's contribution to the rights of transgender people has been
recognised by a growing number of awards: the North American National LGBT
Bar Association Frank Kemeny Life Time Achievement Award (2012) for the
education of activists, academics and lawyers, and his amicus briefs to
the US and international courts and governments (http://www.lgbtbar.org/awards/frank-kameny-award/),
and
the American Bar Association Commission's Stonewall Award in recognition
of his contribution to "removing barriers and championing diversity for
the LGBT community, both within the legal profession and impacting the
greater human universe." (Email from Chair of the ABA's Commission on
Sexual Orientation and Gender Identity, 27/08/2013 [H]). Whittle
has been a frequent commentator on Radio 4, the World Service and TV, and
has widely raised awareness in the UK and other countries of the problems
faced by trans people.
Binnie's work on class within LGBT communities has raised awareness about
socio-economic inequalities within LGBT communities, and strengthened
queer arts networks in Manchester. His work on `The Globalization of
Sexuality' was featured on BBC Radio 4's `Thinking Aloud', and a related
article in The New Humanist has contributed to more critical
public understanding of global LGBT politics. His work has contributed
towards public art events including `Exam' by the Ultimate Holding
Company, at the 2010 Queer Up North festival, and `On a Day unknown' with
the artist Jason E. Bowman and the Out in the City Group of Age Concern at
the Whitworth Art Gallery (50 participants from the Out in the City group)
[I].
Research by Binnie and Klesse on LGBT activism in Central and Eastern
Europe raised public awareness of European LGBT human rights, and enhanced
the networking capacity of activists/scholars from Poland through the
organisation of the workshop `Debating Anglo-Polish Perspectives on Sexual
Politics at MMU (15 activists/scholars). Klesse presented this research at
the `Untold Stories' exhibition on LGBT oppression and politics in CEE at
the Art House Tallinn, Estonia (16/06/2011) funded by European Community
Programme for Employment and Social Solidarity (30 LGBT activists) [J].
Klesse's work has raised understandings of polyamory and bisexuality
among health practitioners and therapists. It has also been utilised by
polyamorous and bisexual activists, as well as artists, journalists,
broadcasters and mental health practitioners/therapists. Klesse has
contributed his expertise to UK and European activist events, including
the International and UK Bisexual Conventions in London, 26/08/2010 (200
bisexual activists) and Bradford, 09/08/2012 (120 bisexual activists). His
research was discussed at `The Mutiny — Love on Trial' — an
artist/activist event at the Resistance Gallery, London, 10/02/2011 (80
LGBT activists) [K]. Klesse's research also informed public debate
by being featured on BBC Radio 4 Woman's Hour, 26/02/2009. Klesse enhanced
awareness of polyamory and bisexuality among health professionals and
therapists at the Critical Sexology Workshop Up North (23/09/2011
Manchester) (80 participants), the 23rd Scientific Convention
of the German Society for the Research of Sexuality (18/09/2010 Aachen,
Germany), and the distinguished Psychotherapie Seminar Freudenstadt
(24/09/2011) (30 psychiatrists and psychotherapists). Dr Claudia Schmid
(GP) has requested his research publications on behalf of a
psychotherapeutic practitioner supervision group in Germany, which signals
a growing recognition of polyamorous, and bisexual identities in the
international mental profession.
Sources to corroborate the impact
[A] UN General Assembly: 70th and 71st plenary meeting, Morning
session: United Nations: Statement Affirming Human Rights Protections
Include Sexual Orientation and Gender Identity (08/07/2009) & European
Parliament resolution at the United Nations HRC (28/09/2011). Link to wiki
with further information here:
http://en.wikipedia.org/wiki/UN_declaration_on_sexual_orientation_and_gender_identity
[B] Coleman E,Bockting W, Botzer M, et al incl. Whittle S. (2012)
World Professional Association for Transgender Health Standards of Care
for the Health of Transsexual, Transgender, and Gender Nonconforming
People, Version 7, Intnl. Jnl of Transgenderism, 13:4.
[C] Green J, McGowan S, Levi, J, Wallbank R, Whittle S. (2011)
Recommendations from the WPATH Consensus Process for Revision of the DSM
Diagnosis of Gender Identity Disorders: Implications for Human Rights,
International Journal of Transgenderism, 13:1, 1-4.
[D] Whittle S, Turner L. et al (2008) Transgender EuroStudy: Legal
Survey and Focus on the Transgender Experience of Health Case, Brussels:
Ilga Europe available at http://www.ilga-europe.org/home/issues/trans_and_intersex/trans/ie_resources/transgender_eurostudy_legal_survey_and_focus_on_the_transgender_experience_of_health_care_april_2008
Commissioned by the Office of the European Council Commissioner for Human
Rights.
[E] Hammarberg T (2009) Council of Europe Commissioner for Human
Rights, Human Rights and Gender Identity; CommDH/IssuePaper (2009),
Strasbourg: Council of Europe available at:
https://wcd.coe.int/ViewDoc.jsp?id=1476365
[F] Office of the Commissioner for Human Rights (2011)
Discrimination on grounds of sexual orientation and gender identity in
Europe, Strasbourg: Council of Europe, at
http://www.coe.int/t/Commissioner/Source/LGBT/LGBTStudy2011_en.pdf
[G] Council of Europe (2010) Recommendation CM/Rec (2010)5of the
Committee of Ministers to member states on measures to combat
discrimination on grounds of sexual orientation or gender identity,
Strasbourg: Council of Europe at https://wcd.coe.int/ViewDoc.jsp?id=1606669
[H] Email on file from Chair of American Bar Association's
Commission for Sexual Oientation and Gender Identity corroborating impacts
on breaking down barriers for the LGBT community.
[I] Untitled (On a Day Unknown...) Whitworth Art Gallery http://www.youtube.com/watch?v=qC-2ahWG07c&feature=plcp
[J] `Untold Stories', Diversity Enriches programme, European
Community Programme for Employment and Social Solidarity Tallinn —
http://www.kunstihoone.ee/index.php?mode=pl_kunstihoone_yritused&yid=437&yritus=n2itus&asukoht=Kunstihoone&aeg=arhiiv&lang=est&club=1&page=4
[K] Love on Trial, Join the Mutiny — http://jointhemutiny.wordpress.com/2011/02/04/love-on-trial-dr-christian-klesse-on-love-activism-polyamory/