The Court was asked whether, in the context of awarding Jobseeker’s Allowance, the State has unjustifiably interfered with the right of transgender persons to have information about their gender reassignment kept private.
Held: The appeal failed. Elias LJ accepted that article 8 was engaged by both the Retention and the SCR policies, but agreed with Simon J that the interference was proportionate. He rejected the argument that article 14 required transgender customers to be treated differently from others. Any indirect discrimination entailed in the SCR policy was justified for the same reasons that the interference with article 8 rights was justified. A new argument, that the policies were contrary to the requirement in section 9 of the Gender Recognition Act 2004 that where a full gender recognition certificate is issued, ‘the person’s gender becomes for all purposes the acquired gender’ was rejected: this did not require history to be rewritten.
Elias, Patten, Black LJJ
[2016] EWCA Civ 47, [2016] WLR(D) 68, [2016] PTSR 1344
Bailii, WLRD
European Convention on Human Rights 8, Gender Recognition Act 2004
England and Wales
Citing:
Appeal from – C, Regina (on The Application of) v Secretary of State for Work and Pensions and Another Admn 18-Jul-2014
The court was asked as to the extent to which the State should retain personal information about citizens, and whether its policies or practices for doing so comply with the human rights of those citizens. It arose in the instant case in a . .
Cited by:
Appeal from – C, Regina (on The Application of) v Secretary of State for Work and Pensions SC 1-Nov-2017
This case is about how the Department for Work and Pensions (the DWP), in administering our complex welfare benefits system, treats people with a reassigned gender, and specifically whether certain policies conflict (1) with the Gender Recognition . .
Cited – AR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another SC 30-Jul-2018
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 August 2021; Ref: scu.559582