Annex 3: Ethical Protocol Of This Study

• Author: Directorate-General for Justice and Consumers (European Commission), ICF
• Pages: 226-228

Legal gender recognition in the EU: the journeys of trans people towards full equality

June 2020

226

ANNEX 3: ETHICAL PROTOCOL OF THIS STUDY

This study – in particular the consultation activities with trans individuals – raised

several ethical risks in relation to access and recruitment, the sensitive framing of

questions and the safety and well-being of participants, among others. To mitigate and

overcome these risks, the research team developed a detailed ethical protocol, informed

by a range of best practice guidance (e.g. Adams et al., 2017; Aparicio-García et al.,

2018; Orr and Bennett, 2009; Vincent, 2018).

This ethical protocol outlined the purpose of the research, how participants would be

engaged in the research and informed of their rights, step s to ensure the safety of

participants and researchers, procedures linked to privacy and anonymity, and guidance

on data protection and storage. This Annex summarises the main components of this

protocol, in particular its six guiding principles.

The ethical principles that underpinned all the consultation activities of this study were:

1. Use sensitive and affirming l anguage and techniques. This research touched

on a range of sensitive topics ( e.g. coming out, transitioning). The team aimed to

ensure that transgender participants not only felt comfortable and supported, but

that the experience of engaging in the research was an empowering one that allowed

individuals to contribute to policy change.

Examples of actions we took to support this principle:

 Transgender individuals and relevant NGOs took a role in the design and use of

research tools and questions, and in the approach to the analysis of the results.

The study’s advisory experts were a vital sounding board on language choice and

deployment. Trans individuals also ‘piloted’ the interview, online consultation and

focus groups to ensure that gender-sensitive and affirming language was used

at all times, and to guide the researchers’ handling of sensitive issues.

 All members of the qualitative research team received ethics training. The

training was developed by Lucy Arora and Joz Motmans and built on feedback

from transgender piloters, the other Senior Researchers and available best

practice literature. The purpose of the ethics training was to ensure that the

qualitative researchers understood their r ole in empowering study participants

and to avoid inadvertently causing them harm. The training ensured a high

degree of awareness of a range of issues relevant to transgender people across

Europe, as well as procedures for consent, data protection and p rivacy. It also

ensured that the team was adept in using sensitive interviewing and facilitation

techniques, and that all language used was appropriate and affirming.

2. Ensure transparency with trans participants and voluntary organisations

supporting t he study. All participants took part having given their informed and

explicit consent. It was important to ensure that participants and supporting

organisations understood the purpose of the research, as well as the modes by which

they could contact the research team and access their personal data/results.

Examples of actions we took to support this principle:

 A call to pa rticipate in the study was disseminat ed via partner organisations,

snowballing techniques and by advertising the study on a European Commission

webpage. Once engaged, all particip ants were clearly informed of their rights in

a ‘Data P rotection Note’. This was written in clear and accessible language and

included information on the purpose of the research, the voluntary nat ure of

participation and the right to withdraw at any time, data storage and applicable

legislation, among other things. The note also included key contact points in the

case of qu estions and complaints (both internal an d external to ICF ). The Data

Protection Note w as piloted with t ransgender individuals prior to the ‘rollout’ of