Exploring and protecting hopeful futures for transgender people

Rights for transgender people have improved in recent decades across the world. However, there are still barriers to legal and social equality, as well as some vocal opponents to the increasing visibility and acceptance of trans people. Prof Stephen Whittle’s research remains a firm reminder that equality applies to all, regardless of their gender.

Addressing inadequate laws

From employment protections to healthcare access, coming out as a trans person can have a negative impact on many areas of life. Stephen Whittle, Professor Emeritus of Equalities Law at Manchester Met, has experienced many of them first hand. He came out as a trans man in 1974, and recalls losing a job a few years later as a result: “I remember going to what was then the Equal Opportunities Commission and saying, surely they can’t just sack me because of who I am.” Obtaining and keeping a decent job is still harder for trans people than for many other societal groups, especially for trans women. This leaves a narrow range of occupations to choose from.

It was by going on to study a part-time law degree that Professor Whittle gained the knowledge and insight to challenge this treatment of transgender people in a practical way: “Learning that the law was inadequate and that things could be done about it was a really important part of learning that I didn’t have to be ashamed of myself. And realising that, like everybody else in society, if I did the work I should have at least a chance.” That degree also gave him a lifelong love of learning and a pathway to teaching, something that previously had been out of reach as transgender people were barred from teacher training colleges.

Professor Whittle and his partner Sarah have four children. In 1996 he took a case to the European Court of Human Rights on behalf of the children’s right to have him as their legal father. Despite losing the case, it taught them how to deal with the media. It was only when the Gender Recognition Act 2004 was passed, and he and Sarah could marry that he was able to adopt the children. He says that, whether in employment or social aspects of life, “transgender people wanted to be good workers and good citizens. They wanted to participate in the world, but the world was saying we don’t want you.”

Research informed by experience

Professor Whittle has helped to shape professional, educational and social environments for trans people across the world. His research and work in equalities law are informed by his experience and that of other trans people. One study helped employers to understand the major factors that affect trans people’s ability to access decent work and careers, and the inequality and discrimination that they face in the workplace. This project collected and analysed data from 873 trans people, against the backdrop of legal and social changes over a 10-year period. The work was undertaken in collaboration with the Gender Identity Research and Education Society (GIRES) and the Equalities Review.

His work has uncovered the need to investigate why trans employees are still facing discrimination in their careers, despite the equality laws and protections that are now in place. To address the need for trans awareness and training in the workplace, Professor Whittle — alongside Dr Lewis Turner — created the Trans-inclusive Workplaces Guidelines for Employers and Businesses. This guide is particularly focused on supporting human resources professionals to promote and protect trans-inclusive workplaces.

Researching across industries and fields ensures that the day-to-day rights and lives of trans people are protected and the barriers they face are identified. Organisations such as the Crown Prosecution Service (CPS), the National Health Service (NHS) and some trade unions have benefitted from Professor Whittle’s research and recommendations. Discrimination can occur in any cross-section of life, including access to quality healthcare. To address this, he worked with a group of 33 other human rights specialists to develop a set of principles relating to sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC principles). The principles were created for the United Nations and its member state governments to follow and disseminate.

He has also worked with many policymakers, including being commissioned by the Equalities Review to research the inequality and discrimination that trans people encounter, especially in schools, colleges and universities — places that have such a prominent role in our personal development. He furthered this research in 2015 by creating a guide to the UK law around gender variant children and teenagers and their attendance at school. The guide highlights issues that schools, parents and gender incongruent children might face. In light of these projects, and other contributions to the field, Professor Whittle received an invitation to share his research with the Equality and Human Rights Commission in 2019.

A worrying trend

Professor Whittle has now retired — although his ties to Manchester Met as Professor Emeritus remain strong — but his academic work and activism continue to be vital and relevant. Many articles and discussions on social media, including some prominent, powerful voices, position trans people as a threat. However, the government’s report on hate crime statistics suggests that it’s trans people who are at risk. There has been a 56% increase of hate crimes towards trans people that could correlate with this negative coverage: “Transgender issues have been heavily discussed on social media over the last year, which may have led to an increase in related hate crimes,” says Professor Whittle.

This highlights the importance of continued efforts to protect trans people, and all people facing discrimination, and their rights in law. As Professor Whittle puts it: “It’s really important to teach students that equality isn’t a singular thing, it’s a process.”