Landmark ruling for Snookie...

[Kahnee]

Ireland has breached European human rights law over its failure to recognise a sex change that a transsexual underwent more than a decade ago.

In a landmark decision, the High Court urged the Irish parliament to review laws affecting those who undergo gender reassignment or face action from Strasbourg courts.

Dr Lydia Foy, a dentist from Athy Co Kildare, was born a man but in 1992, aged 45, underwent gender reassignment.

She has fought a 10-year battle for her birth certificate to be altered to describe her as a female.

In a 70-page judgment Mr Justice Liam McKechnie said he could not force this change, but that Irish law was incompatible with the European Convention of Human Rights.

The judge said blocking Dr Foy from making an alteration to the birth certificate had gone against rights set out in the Convention.

Judge McKechnie said Dr Foy had suffered stress, humiliation, embarrassment and loss of dignity in dealing with her condition of gender identity disorder - well recognised by psychiatrists.

He said Dr Foy's right to privacy may be affected if she is imprisoned or faces insurance claims.

She has managed to secure some official documents including a driving license and a passport.

The judge said, however, a birth certificate is considered a snapshot of time and historical record of fact.

He told the High Court his judgment must be laid before the Houses of the Oireachtas within five weeks and the issue addressed. If moves are not made to draw up new legislation dealing with the recognition of transsexuals Dr Foy will have the option of going to the European Court.

Dr Foy first took steps in 1997 to secure a new birth certificate and in a judgment in 2002 her case was refused. She appealed to the Supreme Court but before it could be heard the European Convention on Human Rights Act 2003 was passed, and adopted into Irish law.

Dr Foy amended her appeal to include an application for a declaration of incompatibility with the Convention but Supreme Court judges ordered the High Court to review the case and deal with this point.

All parties involved in the case have been given three weeks to assess the ruling. After that the matter must be laid before the Oireachtas to allow for a proper debate.

[surf]

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[Snookie]

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[Kahnee]

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[Snookie]

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[Kahnee]

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