The claimant, a post-operative male-to-female transsexual person, said that section 3(3) of the 2004 Act was incompatible with her Human rights after refusal of a gender recognition certificate.
Held: The application failed. The provision of the information required in paragraph 3(3) is necessary and proportionate to the legitimate aim. There is no incompatibility with Article 8.
‘ there are people living in their acquired gender who do not wish others to know that they were formerly of the opposite sex. That wish cannot sensibly apply to the Panel whose function is to recognise and certify, where appropriate, an acquired gender. It is inherent in the process that an applicant has a birth gender which is different from the acquired gender. The Panel has to know.’
Thirlwall DBE J
[2015] EWHC 464 (Admin)
Bailii
Gender Recognition Act 2004 3(3), European Convention on Human Rights 8
England and Wales
Citing:
Cited – Goodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .
Cited – Grant v The United Kingdom ECHR 23-May-2006
The applicant, born male, had gender reassignment surgery at the age of 26. When she was approaching her 60th birthday she sought a state pension. This was refused on the grounds that she was, in law, male.
Held: The 2004 Act had not been in . .
Cited – M v Revenue and Customs FTTTx 30-Jul-2010
FTTTx National Insurance contributions – gender dysphoria – determination of pensionable age – whether possible to interpret ‘woman’ as including person with gender dysphoria living as a woman – whether directly . .
Cited – A v West Yorkshire Police HL 6-May-2004
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to . .
Cited – MB v Secretary of State for Work and Pensions CA 31-Jul-2014
The appellant, a male to female transsexual, had remained married to her wife despite having the right to have the marriage annulled following the 2004 Act. She now appealed against rejection of her claim to a state pension on attaining the age of . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Family, Discrimination
Updated: 02 November 2021; Ref: scu.543649