State in breach of ECHR in transgender case

Ireland.com

The High Court has ruled that the State is in breach of the European Convention on Human Rights (ECHR) over its failure to recognise a sex change that a transgendered person underwent more than a decade ago.

Dr Lydia Foy, Athy, Co Kildare, was born male but had gender realignment surgery 15 years ago. She took the action to secure a birth certificate describing her as female.

She abandoned an earlier claim for her original birth certificate to be altered and instead wants a new birth certificate reflecting her female gender.

In today’s ruling Mr Justice Liam McKechnie said that the State, in refusing a new birth certificate, is in breach of article 8 of the ECHR.