22/06/2010

Gov Withdraws Gender Case Appeal

The Irish Government has withdrawn its appeal against a High Court ruling that found Ireland was in breach of the European Convention of Human Rights.

The Government had been involved in 13-year legal battle brought by Dr Lydia Foy against the State, who was registered as male at birth and fought for legal recognition to live as a woman.

The State had denied Dr Foy's attempt to change her birth certificate, but this was overruled by the High Court who said the Government's refusal had not been compatible with European rights. The Government then launched an appeal against the ruling, but this week withdrew their action.

The Labour LGBT (Lesbian, Gay, Bisexual and Transgender) has welcomed the decision to drop the High Court appeal. Speaking this afternoon after the announcement Labour LGBT Co-Chairs Niamh Hayes and Paul McConnell in a joint statement said: "We are delighted with this news for Dr Lydia Foy, who has been forced to go through an extended legal battle in order to achieve this victory. We are also delighted for the many other transgendered people in Ireland that this will affect.

“The Labour Party included a commitment to introduce a Gender Recognition Bill in our 2007 election manifesto, and re-affirmed our policy in this area at Party Conference in April. The impetus is now clearly on the Minister for Social Protection to legislate without delay in this area.”

The Irish Council for Civil Liberties (ICCL) also welcomed the decision. ICCL Director Mr. Mark Kelly said: "It was unconscionable that the Government saw it fit in 2007 to launch an appeal to the Supreme Court in this case, and in so doing further delay the granting of rights to which Dr Foy was fully entitled under the European Convention on Human Rights."

(DW)




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