[transgendernews] [News] [Ireland] High Court “Required” to Find Against Government in Transgender Case, Say Students
Stephanie Stevens
Ireland
High Court "Required" to Find Against Government in Transgender Case,
Say Students
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Please note: There is to be a delay in the announcement of this
ruling by the Irish High Court. The ruling is now expected in October.
(added September 14)
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DUBLIN, September 13, 2007 – The Union of Students in Ireland (USI)
has said today it anticipates the High Court will tomorrow affirm the
right of an individual who has undergone gender reassignment to be
recognised as female on her birth certificate.
USI said it anticipated the ruling to be consistent with Ireland's
obligations under the European Convention on Human Rights which it
adopted in 2003.
The wider implication of the expected ruling is that all Irish public
bodies which fail to recognise the gender of reassigned individuals
are acting unlawfully and can no longer hide behind constitutional
objections.
"Expectations are that the High Court will find that the State must
recognise the correct gender of a reassigned individual – in this case
Dr Foy," said USI president Richard Morrisroe.
"The European Convention on Human Rights Act 2003 enshrines the
European law in the Irish statute book. Crucially, the 2003 Act
requires that any Irish court must interpret the rule of law in a
manner that is compatible with the provisions of the convention.
"The anticipated court ruling should affirm that the Irish Government
is not above the law," he added.
And USI LGBT spokesperson Sonya Donnelly pointed out that a judgement
against the Irish State is "long overdue".
"The discrimination against transgender people is abhorrent to human
decency and human rights," he said.
"The Government is deeply culpable having refused to allow Dr Foy to
amend her birth certificate, which violated her rights guaranteed by
the European Convention on Human Rights. Dr Foy and other transgender
individuals have been effectively dehumanised by the Irish State.
"We do not underestimate the difficulties posed in changing the system
of birth registration and in areas such as family law, employment and
social security, but such problems are not insurmountable and have
been overcome in the UK.
"The Government must immediately introduce legislation on Gender
Recognition and protect its citizens from unjust attack and
prejudice," she insisted.
Posted: 13 September 2007 at 15:30 (UK time)
Updated: September 14
http://www.ukgaynews.org.uk/Archive/07/Sept/1302.htm
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h/t BLS R af D
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