Mainichi Daily News
The European Union’s Court of Justice ruled Thursday that a British law granting pension rights to transsexuals based on their original sex was illegal.
The EU’s highest court said that “the right not to be discriminated against on grounds of sex is one of the fundamental human rights.”
British national Sarah Margaret Richards was born a man in 1942, but underwent a sex change operation in 2001. In February 2002, she applied for a pension on her 60th birthday.
However, British law identified Richards as a man, and as such had to wait until 65 before collecting a pension.
The British government argued that Richards had been born a man and should wait until her 65th birthday.
The court said Richards should be treated as a woman. British law allows women to start collecting a pension at age 60.
“The unequal treatment in this case is based on Ms. Richards’ inability to have the new gender which she acquired following surgery recognized,” the court said. “That unequal treatment must be regarded as discrimination.”