Written answers
Wednesday, 5 November 2008
Department of Social and Family Affairs
Human Rights Issues
10:00 pm
Mary White (Carlow-Kilkenny, Green Party)
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Question 308: To ask the Minister for Social and Family Affairs if she has plans to amend the Civil Registration Act 2004, to make it compatible with the Human Rights Commission Act 2000, with particular regard to trans-gendered people. [38593/08]
Mary Hanafin (Dún Laoghaire, Fianna Fail)
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This issue was the subject of a High Court judgment concerning the rights of a person, who has undergone gender reassignment surgery, to recognition of her acquired gender. On foot of a High Court judgement, delivered on 19 October 2007, the judge made a declaration, pursuant to Section 5 of the European Convention on Human Rights Act 2003, that Sections 25, 63 and 64 of the Civil Registration Act 2004 are incompatible with the obligations of the State under the European Convention on Human Rights by reason of their failure to respect the private life of the Applicant, as required by Article 8 of the Convention, in that there are no provisions which would enable the acquired gender identity of the Applicant to be legally recognised in this jurisdiction.
This is the first time that the High Court has made a declaration of incompatibility with the European Convention on Human Rights in respect of a provision of Irish law. As such, the High Court judgment is very significant and raises complex and far-reaching issues, not merely for this case but for future cases under the European Convention on Human Rights Act. The judgment has implications for a wide range of legislative and policy areas including taxation, social welfare, pensions, family law, criminal law, equality, employment, sport, financial services, health, education and so on. In that context, it is essential to obtain the confirmation of the Supreme Court that the judgment was warranted and to seek clarity on all its implications. As the judgment is the subject of an appeal to the Supreme Court, it is not considered appropriate for me to comment further at this time.
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