2004
Esther Breitenbach
University of Edinburgh
This research was funded by the Office of the First Minister and Deputy First
Minister and managed by the Research Branch of the Equality Directorate of
the Office of the First Minister and Deputy First Minister.
The views expressed are those of the authors and not necessarily those of
Departments.
Table of Contents
Page number
1.0 Sexual orientation and transgender issues and
the development of equality strategies
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15
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22
Options
24
Bibliography
31
Appendix 1
33
This paper is concerned with the negative impact of socially defined roles in
relation to people of all sexual orientations. It reviews the issue of definitions
used to describe the relevant groups, and reviews recent research in Northern
Ireland on sexual orientation issues.
It is recognised that lesbian, gay, bisexual, and transgender (LGBT)1 people
experience various forms of discrimination and harassment because of their
sexual orientation and/or their gender. Though experience of discrimination
may be common, not all experiences are the same, and reflect the different life
experiences of different groups, including personal, family and social life,
patterns of health, treatment at work, and treatment by providers of public
services. Furthermore, LGBT communities are not necessarily a cohesive
group, and may not all see themselves as having a common identity or being
part of a community of interest, and there may even be tensions between
different groups.
The interaction of discrimination on the grounds of sexual orientation and on
other grounds such as gender, race, disability, etc means that there should be
scope for LGBT issues to be included within equality strategies addressing
other inequalities, as well as a specific focus being required on sexual
orientation issues. It is, in any case, important that a clear commitment to the
promotion of equality for LGBT people and to challenging discrimination on the
grounds of sexual orientation is given. Choices about strategies for the
promotion of equality for people of different sexual orientations are more likely
to be determined by what is regarded as possible by key stakeholders, and it
would seem appropriate to make decisions about strategic approaches and
presentation in consultation with LGBT groups.
There are different terms used to describe groups of people who have sexual orientations other than
heterosexual. In this paper, we have tended to use LGBT as the term to describe the range of groups
with whom sexual orientation research is concerned, both because it is inclusive and because it is a
convenient shorthand. However, this is not intended to pre-empt discussion of what definitions may be
regarded as preferable for researchers and for LGBT groups and individuals in Northern Ireland. The
issue of terminology is discussed further in the section on definitions.
Page 1
Within the UK and Ireland there is a growing debate about the scope of
equality policies and strategies in terms of which groups of people these
should include, and in terms of the inter-relationships between groups and their
experiences of discrimination and inequality. This is likely to mean more
interaction between the different equality strands and further consideration of
generic approaches to equality policy making, even if there continue to be
some distinctions in approaches where these are thought necessary to meet
the specific needs of different groups. Furthermore, as more research is
carried out and data gathered on the experience of LGBT people both in the
UK and in Ireland, issues about sameness and difference within and between
equality groups, and about the cohesiveness of LGBT people as a community,
should be clarified by better empirical evidence.
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GB
In December 2003, the Employment Directive, which outlawed discrimination
and harassment in the workplace on the grounds of sexual orientation, came
into force in GB. The new law means that it will be unlawful to deny lesbian,
gay and bisexual people jobs because of prejudice. It will enable individuals to
take action against harassment, and will enable people to have an equal
chance of training and promotion. The Department of Trade and Industry (DTI)
will be issuing guidance on this in due course.
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The age of consent for gay men was made the same as for
heterosexual men i.e. 16 years of age, in January 2001.
The Government is actively working towards equalising rights for samesex couples with regard to tenancy agreements.
The Sexual Offences Act 2003 changed laws to ensure that they do not
discriminate unfairly on grounds of gender or sexual orientation.
The Local Government Act 2003 repealed Section 28, which had
prevented local authorities from promoting homosexuality as a
pretended family relationship. This was a piece of legislation that has
offended many gay and lesbian people by stigmatising their lifestyles,
and inhibited many local authorities from addressing issues of sexual
orientation in education on emotional and sexual relationships for
young people.
Information contained in WEU fact sheet Sexual Orientation: Key Facts, and it is available at
http://www.womenandequalityunit.gov.uk.
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Wales
In addition to the legislation and policy changes outlined above, the
Government of Wales Act 1998 requires the National Assembly of Wales to
make appropriate arrangements with a view to securing that its functions are
exercised with due regard to the principle that there should be equality of
opportunity for all people.3 The National Assembly of Wales has also given
funding and support to a number of dedicated consultative equality networks to
promote citizen participation in the work of government. This includes LGB
Forum Cymru, the first government-sponsored forum for gays, lesbians and
bisexuals of its type in the UK.
Scotland
Equality of opportunity is a key principle of the Scottish Parliament and a
priority of the Scottish Executive. The Scotland Act 1998 provides for the
encouragement of equal opportunities and the observance of equal opportunity
requirements. The Act defines equal opportunities as: the prevention,
elimination or regulation of discrimination between persons on grounds of sex
or marital status, on racial grounds or on grounds of disability, age, sexual
orientation, language or social origin, or of other personal attributes including
beliefs or opinions such as religious beliefs or political opinions.
The recently published report4 on the implementation of the equality strategy
notes the following achievements: rights for same sex couples in the Adults
with Incapacity Act 2000; the repeal of section 2A of the Local Government Act
1986, thereby removing constraints on the discussion of sexual orientation in
schools; increased mortgage rights for same sex couples; two Ministerial
seminars with LGBT groups; supporting consultation with LGBT groups,
through funding of a database and directory of grassroots LGBT organisations
across Scotland; funding of an LGBT health project; and the commissioning of
research on LGBT issues.
Chaney, P and Fevre, R An Absolute Duty: Equal Opportunities and the National Assembly of Wales,
Institute of Welsh Affairs, Cardiff, 2002.
Making Progress: Equality Annual Report. Scottish Executive, 2003.
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Ireland
In the Republic of Ireland there is a government commitment to equality on
nine grounds gender; marital status; family status; age; disability; race;
sexual orientation; religious belief; and membership of the Traveller
Community. Ireland has already legislated on discrimination on the grounds of
sexual orientation, through enactment of the Employment Equality Act 1998,
and the Equal Status Act 2000. The new Acts provide protection against
discrimination on the grounds of sexual orientation and prohibit discrimination
in employment and in the provision of goods, services, facilities,
accommodation and education. An advisory body on Lesbian, Gay and
Bisexual Issues was formed in December 1999, which has developed a
strategy on Implementing Equality for Lesbians, Gays and Bisexuals,
published by the Equality Authority. This contains detailed recommendations
for further legal and policy changes.
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2.0
A key purpose of this paper is to set the scene for the development of better
information and research about the experiences of LGBT people. For a
number of reasons this area has not been well researched to date: the lack of
political commitment to tackling discrimination; and a politically hostile climate
in which LGBT people have not been afforded equality before the law and
have been subject to homophobic attacks, have all discouraged openness and
limited possibilities for resources being made available to conduct research.
Additional difficulties are encountered methodologically in researching the
experiences of LGBT people. Within the UK and Irish contexts generally this is
an area in which research is developing, particularly empirical, policy oriented
research. Within academia there has been considerable theoretical debate
about gender, sexuality, and sexual orientation, and there is a growing body of
research internationally that identifies a range of areas of particular concern.
This section of the paper summarises data and research that is currently
available about Northern Ireland; and then goes on to discuss some key
themes emerging from research conducted elsewhere.
NILTS Research Update, No 1, June 1999, Men and women in Northern Ireland: challenging the
stereotypes.
NILTS Research Update, No 7, June 2001, Men in the Mirror.
Page 7
7
8
Quoted in Who Lives in a Place like This?, Diversity Matters, Disability Action, Belfast. April, 2003
DHSSPS and HPSS Statutory Equality Obligations. Information Requirements: Data Availability,
Quality and Deficits, Dr Liz McWhirter, DHSSPS.
Paper on data needs relating to inequalities and to Targeting Social Needs, DHSSPS.
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However, there is
Information was drawn from the report on the survey: Bradley, L, Thompson, C and Rogers, D
Equality Monitoring in DEL, Skills Bulletin, DEL (2001).
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11
12
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13
A Mighty Silence: A Report on the Needs of Lesbian and Bisexual Women in Northern Ireland, Marie
Quiery, LASI, 2002.
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15
An Acceptable Prejudice? Homophobic Violence and Harassment in Northern Ireland, Neil Jarman
and Alex Tennant, ICR, 2003.
This report uses the term LGB (lesbian, gay, and bisexual) throughout, but also comments on the
issue of definitions (see below).
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involving focus groups with young LGB people, a focus group with health
service providers, and some individual interviews. The research provided
evidence of prejudice, homophobia and violence experienced by young LGB
people, and of the isolation they often experience both socially and within their
families. In relation to health services it was found that young LGB people
encountered prejudice, abuse of human rights (in particular breaches of
privacy and confidentiality), and a lack of responsiveness to their needs.
Young people working in the health service also encountered discrimination.
The report recommended training for health service professionals, tailored
services and support, better information and better support for LGB groups,
collection of data (providing privacy is respected), and that the proposed Single
Equality Bill should cover services as well as employment.
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Youthnet study
The study carried out by Youthnet (Carolan and Redmond, 2003),
commissioned by the Department of Education, involved a questionnaire
survey and focus groups for young people. The research found that there was
typically a five year period between young people knowing they were LGBT
and telling someone else. The vast majority (78%) came out to friends first,
and most (63%) felt they could not tell their parents when they first came out.
Though the vast majority (86%) were aware of their orientation at school, very
few got information or support at school. Many had experienced negative
attitudes or bullying, with few seeking support, and some leaving school earlier
than they would have preferred because of bullying. A significant minority
(29%) of young people who took part in the research had attempted suicide,
and half of those who identified as transgendered had self-harmed. Half of
respondents had also experienced negative attitudes towards sexual
orientation while they were members of youth organisations, though the
majority (78%) believed that youth organisations should deal with the needs of
young LGBT people. The majority of youth organisations surveyed indicated
that they would like access to training for staff on issues which affect young
LGBT people. The report makes a series of recommendations about the
development of support services for young LGBT people and about training. It
also calls upon the Department of Education to initiate a taskforce to address
issues such as bullying and negative and risk taking behaviours of LGBT
young people.
17
Poverty: Lesbians and Gay Men, GLEN/Nexus Research Cooperative, Combat Poverty Agency,
1995.
Page 15
18
Report to Government, Second Commission in the Status of Women, Dublin: Stationery Office, 1993:
174.
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and lesbians can be assumed to form part of all populations, even where
numbers of individuals or groups cannot be identified, and therefore all
services should be responsive to the needs of the LGB population.
As well as recommendations for legislative and policy changes the
Implementing Equality report makes the following recommendations on
research:
19
The Women and Equality Unit in the DTI has also commissioned research looking at methodological
problems, and also some specific topics.
Page 17
there is a clear need for in-depth and specific research into violence
and harassment directed at LGB people in Ireland, the contexts in
which it happens and the impacts on and supports needed by those
affected. There are indications that lesbians are doubly at risk of
violence and harassment because of their gender and sexual
orientation.
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3.0
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Options
As indicated above there is a changing political and policy context surrounding
discrimination against LGBT people in a number of countries, including
member states of the EU in general, and Ireland and the UK in particular.
Governments are taking steps to outlaw discrimination, and active
consideration is being given to legal change to extend a range of rights to
same-sex partners.
A parallel development is the growing interest in the need for data and
research about the experiences and needs of LGBT individuals and groups in
order to evaluate the impact of legal and policy changes, and to identify how
policy and service provision might better meet their needs. While there are
methodological challenges in carrying out reliable and good quality research
about LGBT individuals and groups, there are models and examples of how
research might be developed, and a growing network of researchers whose
experience can inform the development of work in Northern Ireland.
It is important to emphasise that, since a major methodological issue is the
reluctance of many LGBT people to disclose their sexual orientation for fear of
the consequences of this, government commitment to taking effective action
against discrimination, the provision of legal protection and greater guarantees
of safety are crucial, not only as a matter of principle, but also in facilitating
research and data gathering through enabling greater openness. The
importance of building confidence and trust in this process suggests that
consultation with LGBT groups in the development of a research agenda is
also crucial, and that a partnership approach in which government
departments and LGBT groups share ownership of this agenda is most likely
to produce the best results.
It is also important to recognise the role of LGBT organisations in providing
information about the needs of groups and in providing services for groups,
and in pioneering research in this field. A research strategy should therefore
seek to further empower LGBT organisations to contribute to research and
data gathering, and to use new research in developing their services and
activities.
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2.
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carried out with sensitivity, that it does not breach privacy, and that
subjects of research can be assured of confidentiality. It is also
important that where people consent to take part in research projects
this is properly informed consent. Where research may be concerned
with behaviours that pose risks to individuals, consideration should be
given to the role of researchers in providing information e.g. in relation
to sexual health.
Dissemination and feedback
Good dissemination of existing research as well as any new research
that develops is important, both in informing public and policy debate,
and in providing support to LGBT organisations in identifying and
responding to needs. Given the limited resources that are currently
available for research in this field in Northern Ireland, facilitating access
to research carried out elsewhere would be particularly useful. This
could be done through databases of literature, such as the database to
be made available shortly by the Scottish Executive, and through
providing web-based links to other relevant sites and/or networks.
Feedback on how research is used to inform policy making is also
important, particularly if the fear that research will be used as an
excuse for inaction is to be allayed, and to overcome the research
fatigue that results from this.
3.
Process
The importance of consultation and partnership in developing a
research agenda on sexual orientation issues in Northern Ireland has
been outlined above. This approach should be followed through all
stages of the process: defining the research agenda; agreeing core
standardised definitions; agreeing an approach to quantitative data
gathering; in developing guidelines for good practice; in carrying out
research programmes and projects much of which is likely to
continue to be qualitative given the challenges in providing good
quantitative data; and in dissemination and feedback. It is important
also that this process seeks to ensure the involvement of the diverse
range of LGBT groups.
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Bibliography
Biddulph, S (2001) Men in the Mirror, NILTS Research Update, No 7.
Bradley, L, Thompson, C and Rogers, D (2001) Equality Monitoring in DEL,
Needs.
Diversity Matters (2003) Who Lives in a Place like This?, Belfast.
Dowds, L, Robinson, G, Gray, A-M, Heenan, D (1999) Men and women in
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Appendix I
Areas covered in international literature reviewed in McManus
report
Domestic abuse
Education
Health
Sexual assault
Transgender issues
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Education
Homophobic bullying/violence
Promotion and monitoring of equal opportunities
Education on sex and sexuality
Partnership rights
Registration
Adoption
Pensions
Other partnership rights (e.g. property, inheritance)
Crime
Hate crimes
Domestic violence/abuse
Rape
Employment
Discrimination
Youth
Peer and other support services for LGBT youth
Parenting
Legal position of LGBT parents
Support for LGBT parents and their children
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Health
Funding for HIV services and lesbian health initiatives
Access to primary care
Mental health
Alcohol and drug use
Transgender issues
Birth certification
Marriage
Rural issues
Rural exclusion
Development of a rural service infrastructure
Multiple disadvantage
Elder, disabled, and minority ethnic LGBT issues.
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