On 27 February, the Free Legal Advice Centres (FLAC) announced that it had issued proceedings on behalf of Dr Lydia Foy, a transgender woman. Dr Foy has been fighting for gender recognition in Ireland for the past 20 years.
In October 2007, the High Court held that the existing Irish law which did not allow for the recognition of Dr Foy’s female gender was incompatible with the European Convention on Human Rights (ECHR). It was the first declaration of incompatibility to be made under the European Convention on Human Rights Act 2003.
Although the High Court ruled that the State should issue Dr Foy with a new birth certificate recognising her female gender, Dr Foy is still waiting for her new birth certificate to be issued more than five years on. The Registrar General has said the law needs to be changed to do this. Successive Irish Governments have pledged to introduce legislation allowing for gender recognition on new birth certificates, yet no legislation has been forthcoming.
Dr Foy served the plenary summons against the Minister for Social Protection Joan Burton and the Attorney General. She is asking the High Court to declare that the Government is obliged under the ECHR or the Constitution to introduce new legislation to recognise her – and other transgender persons- in her acquired gender. Alternatively, Dr Foy is requesting the Court to declare that the ECHR Act 2003 is ineffective and must be changed.
Mr Michael Farrell, senior solicitor for FLAC said “Ireland is now the only state in the EU that has no legal provision at all for recognising transgender persons in their acquired gender.”