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 force when the claimant began her action. The Court spoke of it, saying: ‘the GRA 2004 has been adopted by parliament since the introduction of this application. It received Royal Assent on July 2004. Under the Act, individuals who satisfy certain criteria are able to apply to a gender recognition panel for a Gender Recognition Certificate. From the date of the grant of such a certificate, which is prospective in effect, an individual is afforded legal recognition in their acquired gender. In particular, social security benefits and the state retirement pension are paid according to the acquired gender.’ and ‘the present applicant’s victim status came to an end when the GRA 2004 came into force, thereby providing the applicant with the means on a domestic level to obtain the legal recognition previously denied’.
Judges:
Casaavell P
Citations:
32570/03, [2006] ECHR 548, (2007) 44 EHRR 1
Links:
Statutes:
European Convention on Human Rights 8 14, Gender Recognition Act 2004
Jurisdiction:
Human Rights
Cited by:
See Also – Grant v The United Kingdom ECHR 14-Sep-2011
Execution of judgment . .
Cited – Carpenter v The Secretary of State for Justice Admn 27-Feb-2015
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 . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Discrimination, Family, benefits
Updated: 06 September 2022; Ref: scu.243833
