The Irish Human Rights Commission (IHRC) published its formal Observations on the General Scheme of the Gender Recognition Bill, 2013 today. The IHRC, while welcoming the proposed legislation, also called on the Minister for Social Protection to amend certain aspects of the scheme to ensure it was in full compliance with relevant human rights standards including age threshold, requirement to be single and medical certification.
Ray Murphy, Acting Chair of the IHRC stated:
"The IHRC welcomes the proposed legislation that will finally provide a legal mechanism by which Transgender and Intersex people may have their self identified gender officially recognised. Transgender people have been campaigning for this basic right for many years, and the High Court in the Foy judgment in 2007 confirmed that the State’s civil registration system is not in compliance with the requirements of the European Convention on Human Rights. The IHRC therefore welcomes this proposed legislation as a positive measure to vindicate human rights."
Des Hogan, Acting Chief Executive of the IHRC also expressed welcome for the proposed legislation, while also warning that certain aspects of the proposal may not adequately meet relevant human rights standards:
"While welcoming the proposed Bill, the IHRC is nonetheless concerned that there are three aspects of the proposal where human rights standards will not be fully recognised. The proposed requirement that a person be over eighteen years discriminates against young Transgender persons, who may have already made the transition to their self identified gender, with the support of their parents or guardians, and yet may not have that fact legally recognised by the State. The further requirement to be single will adversely impact on Transgender people who are happily married or in a civil partnership, and who may not wish to separate from their spouse or partner and may not legally have the possibility of doing so. Finally the IHRC is concerned regarding the blanket requirement for medical certification that a person has transitioned to their self identified gender, which may be overly intrusive into the person’s private life and raises a question as to whether gender identity is properly regarded as a matter of self identification or one of medical diagnosis."
Des Hogan continued:
"The IHRC is providing its Observations to the Minister for Social Protection in the expectation that the Gender Recognition Bill, when published, will be a model of its kind, that fully vindicates the rights of Transgender and Intersex people, who have waited for so long for full legal recognition"
ENDS
For further information, please contact: Fidelma Joyce, IHRC, Mob: 087 783 4939
Notes to Editor:
A Declaration of Incompatibility was granted by the High Court in 2007 in the case of Foy v An tArd Chláraitheoir & Ors, in which Irish law was found to be incompatible with the ECHR, insofar as it did not make provision for the legal recognition of the preferred gender of transgender persons. This followed the precedent set in the cases of Goodwin v the United Kingdom and I v United Kingdom in 2002 in which the European Court of Human Rights found breaches of Article 8 of the EHCR, in respect of the failure of the United Kingdom to provide a civil birth registration system for the legal recognition of the new gender of Transgender persons.
A Declaration of Incompatibility may be made in accordance with section 5(1) of the European Convention on Human Rights Act, 2003 which provides as follows: "In any proceedings, the High Court, or the Supreme Court when exercising its appellate jurisdiction, may, having regard to the provisions of section 2 , on application to it in that behalf by a party, or of its own motion, and where no other legal remedy is adequate and available, make a declaration (referred to in this Act as "a declaration of incompatibility") that a statutory provision or rule of law is incompatible with the State’s obligations under the Convention provisions."
The IHRC previously made a policy submission to Government on the Rights of Transgender Persons entitled; Submission to Government concerning the Protection of the Rights of Transgender Persons, IHRC, September 2008.
In 2010 the IHRC also made a presentation to the Gender Recognition Advisory Group which was established to report on gender recognition legislation by the Minister for Social protection.
IHRC Observations on the General Scheme of Gender Recognition Bill attached