Art. 8 Human Rights
AB v SoSJ & Anor (2009) trans women in male prisons is a breach of art. 8 of the ECHR.
Case number: CO/9490/2008Cite as: [2009] HRLR 35, (2010) 11 BMLR 70, [2009] EWHC 2220 (Admin), [2010] 2 All ER 151[2009] EWHC 2220 (Admin)(7) Although the Gender Recognition Panel was satisfied that the Claimant had lived in her acquired gender for the requisite two year period prior to her application for a gender recognition certificate, while she was detained in the male prison estate, the Gender Identity Clinic treating her will not approve her gender reassignment surgery until she has spent a period living "in role" as a woman within a female prison. The experts instructed by both the Prison Service and the Claimant agree that this is an appropriate requirement. It follows that so long as the Claimant remains within the male prison estate she is unable to progress towards the surgery which is her objective. While transfer to the female prison estate does not guarantee that the Claimant will be able to proceed to surgery while in prison, unless she is transferred the prospect of surgery is ruled out for so long as she remains in prison.
Added: 10 Apr, 2023Bellinger v. Bellinger (2009) established that the UK was in breach of art. 8 and feeds into the creation of GRA as established by Goodwin v. UK (2002).
Case number: [2003] UKHL 21Cite as: [2003] Fam Law 485, (2003) 72 BMLR 147, [2003] UKHL 21, [2003] ACD 74, [2003] 2 WLR 1174, [2003] 1 FLR 1043, [2003] UKHRR 679, [2003] 2 AC 467, [2003] 2 All ER 593, [2003] 2 FCR 1, [2003] HRLR 22, 14 BHRC 127(53) [...] The question is whether non-recognition of gender reassignment for the purposes of marriage is compatible with articles 8 and 12. The answer to this question is clear: it is not compatible. [...]
Added: 10 Apr, 2023Goodwin v. UK (2002) established that the UK was in breach of art. 8 and art. 12 of the ECHR, which resulted in the creation of the Gender Recognition Act 2004.
Case number: 28957/95Cite as: [2002] 2 FCR 577, (2002) 35 EHRR 447, [2002] 35 EHRR 447, 35 EHRR 18, [2002] Fam Law 738, [2002] 2 FLR 487, 35 EHRR 447, [2002] IRLR 664, [2002] ECHR 588, 13 BHRC 120, [2002] 35 EHRR 18, (2002) 35 EHRR 18, (2002) 67 BMLR 199(53) [...] The question is whether non-recognition of gender reassignment for the purposes of marriage is compatible with articles 8 and 12. The answer to this question is clear: it is not compatible. [...]
Added: 10 Apr, 2023