IMMEDIATE RELEASE: 21 June 2010
The Irish Human Rights Commission (IHRC) today welcomed the decision by the Government to withdraw its appeal to the Supreme Court in the proceedings Foy v An t-Ard Chláraitheoir, Ireland and the Attorney General concerning the recognition of transgender persons. In February 2008 the High Court had formally issued the first Declaration of Incompatibility under Section 5 of the European Convention on Human Rights Act 2003, stating that the relevant Irish legislation was incompatible with the ECHR. The State had then appealed the case to the Supreme Court.
"This is a wholly welcome development", stated Dr Maurice Manning, President of the IHRC. "The rights of transgender people are gradually being recognised in Irish law, for example, the Passports Act 2008 saw the first statutory recognition of transgender people in providing for a person’s right to apply to have a passport issued in their new gender. It is now time for the Government to introduce law reform in this area, as the IHRC has recommended in its submission to Government in 2008", he stated.
"This is an important day for Dr Foy and for the Free Legal Advice Centres who supported her case through lengthy legal proceedings", stated Mr Éamonn Mac Aodha, Chief Executive of the IHRC. "The decision of the Government to withdraw its appeal is consistent with the advice given to Government by the IHRC in September 2008 following the High Court Judgment in Foy. After conducting our own review of the relevant case law of the European Court of Human Rights in relation to the rights of transgender people and finding major deficits in Irish law and practice, we were of the opinion that there was nothing preventing the Government from introducing much needed law reform."
The IHRC also welcomed the recent Government decision to establish a Gender Recognition Advisory Group to progress law reform in this area. The need for amending legislation to bring Ireland into line with its international human rights obligations now appears to be recognised and it is expected that this will be announced by the Taoiseach when he causes a copy of the High Court order containing a declaration of incompatibility to be laid before each House of the Oireachtas shortly, as required by Section 5 of the European Convention on Human Rights Act 2003.
ENDS
A spokesperson is available for comment
For further information please contact:
IHRC, Tel: 01 8589601
Notes to Editors
1) Following the Foy High Court Judgment, the IHRC made a Submission to Government on the protection of the rights of transgender people in September 2008 pursuant to its statutory function of making recommendations on the measures the State should take to strengthen, protect and uphold human rights in the State. This recommendation was on the measures required to uphold the rights of transgender people under Irish law, in line with the State’s obligations under Article 8 (right to respect for private life) and Article 12 (right to marry) of the European Convention on Human Rights (ECHR).
2) The IHRC recommended that the Government convene a Working Group on Transgender Persons to consider the implications of recent ECHR jurisprudence, the UK’s Gender Recognition Act 2004 and the case for law reform. It recommended that there should be ex officio membership of that Working Group which should include representation from the IHRC, the Equality Authority, the transgender community, civil society, the legal and other appropriate professions. In May 2010 the Government announced the establishment of an inter-departmental Gender Recognition Advisory Group to be chaired by Oliver Ryan.
3) The IHRC was formally notified of these proceedings pursuant to Section 6 of the European Convention on Human Rights Act 2003 which requires that the IHRC and Attorney General be notified in cases where Declarations of Incompatibility are at issue.
4) As Ireland’s national human rights institution, the IHRC has a statutory remit to endeavour to ensure that the human rights of all persons in the State are fully realised and protected, in law, in policy, and in practice.
5) In 2004, the UK amended its legislation in this area with the adoption of the Gender Recognition Act 2004, which gave effect to the 2002 European Court of Human Rights Judgments in Goodwin v. The United Kingdom and I. v. The United Kingdom. As explained in the Explanatory Note to the UK Gender Recognition Act, 2004, "[t]he result of [the House of Lords judgment in Bellinger (FC) (Appellant) v Bellinger [2003] UKHL 31 (10 April 2003)] was that legislation was needed to enable [transgender] people to marry in their new gender."
6) Under the Belfast Agreement, the Irish Government committed itself to further strengthen the protection of human rights in the State and to "ensure at least an equivalent level of protection of human rights as will pertain in Northern Ireland". Given the fact that the rights of transgendered persons have received a level of protection under the UK Gender Recognition Act 2004, the issue of equivalence of rights protections in this State also arises.