The Equality Authority today welcomed the settlement of a case under the Equal Status Acts taken by a transsexual person against the State Examinations Commission and the Department of Education and Science. The case was settled when the State Examinations Commission agreed to reissue the transsexual person’s Group Intermediate Certificate and Leaving Certificate in her new name in accordance with the gender with which she identifies. The complainant has now withdrawn her complaint of discrimination. She was supported by the Equality Authority.
Niall Crowley, CEO of the Equality Authority said that “the outcome of this case reflects a valuable and necessary recognition for transsexual people from an important statutory body. Steps should now be taken by the Government to provide a legal recognition for transsexual people in the gender with which they identify so that the example of the State Examinations Commission can be followed across all sectors”.
The complainant was registered at birth as male. She was diagnosed with gender Identity Disorder and is undergoing treatment for this. She changed her name by deed poll to reflect the female gender she identifies with. She wished to have her Group Intermediate Certificate and her Leaving Certificate amended to reflect her new name as she required these documents to support her search for employment.
She contacted the Department of Education and Science who referred her to the State Examinations Commission, the body that oversees the administration of State Examinations. The Commission advised her that is was not possible to have her Group Certificate and Leaving Certificate reissued in her new name.
The woman sought assistance from the Equality Authority to bring a complaint of discrimination on the gender ground against the Department of Education and Science and the State Examination Commission under the Equal Status Acts. After a complaint was lodged and an exchange of correspondence with the State Examination Commission, the Commission undertook a review of their practice in relation to reissuing Certificates in light of the requirements of the Equal Status Acts. As a result of this review they indicated they would reissue the Certificates in the legal name of the complainant such that the Certificate reflected the gender with which she identifies.
The complainant expressed “appreciation to the State Examinations Commission for their helpful and sensitive approach to the issue”.
Niall Crowley, CEO of the Equality Authority stated “the complainant faced difficulties in seeking employment where her educational certificates neither reflected her name nor the gender with which she identifies. The case demonstrates the practical difficulties faced by transsexual people in the absence of legal recognition for them in the gender with which they identify. 2007 is the European Year for Equal Opportunities for All. The Equality Authority has established legal recognition for transsexual people as one of the key issues to be addressed in our strategy for the European Year. The settlement of this case represents an important step towards this goal.
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