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| Blogs > long_haired_bi_M > Sexuality, Spirituality, Life. |
European Human rights on Gender! - About time!
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European Human rights on Gender! - About time! DUBLIN, Ireland: Ireland violated European human rights law by refusing to give a<b> transsexual </font></b>a new birth certificate recording her new gender and name, a Dublin judge ruled Friday in a landmark judgment. The ruling by High Court Justice Liam McKechnie was the first time that an Irish judge has found Ireland in violation of the European Convention on Human Rights. It means the government of Prime Minister Bertie Ahern must pass legislation amending the law or risk a lawsuit in the European Court of Human Rights in Strasbourg, France. The unemployed dentist had been registered at birth as male, but after surgery is now female from a psychological and physical point of view, the High Court was told yesterday. Dr Lydia Foy of Páirc Bhríde, Athy, Co Kildare, was given leave by Miss Justice Laffoy to challenge a refusal by the Registrar General to correct the entry relating to her sex on her birth certificate from male to female. The action is also being taken against Ireland and the Attorney General. Mr Bill Shipsey SC, for Dr Foy, said that his was female at birth but suffered from a gender identity disorder called transsexualism. She was given a male name because of the mistake made at birth. Gender reassignment surgery was carried out in 1992 and she was now a female. She was born on June 23rd, 1947. He said that transsexualism was a recognised medical condition worldwide. Having the genitalia of a male did not mean one was in fact male. His wanted to have quashed the decision taken by the Registrar General to refuse to correct the entry by changing it from Donal Mark to Lydia Annice. She was also seeking a declaration that the practice of using biological indicators existing at the time of birth to determine sex for the purposes of registration was ultra vires (outside the powers) of the Births and Deaths Registration (Ireland) Act 1863, as amended, and the 1880 regulations setting out the duties of registrars. In an affidavit, Dr Foy said that she was, at birth, a congenitally disabled woman. She was suffering from an undiagnosed disability, namely gender identity disorder, commonly known as transsexualism. As a result of her condition, she underwent surgery in July, 1992. The doctor who carried out the surgery stated in a letter that she was now physically female. Prior to the surgery, she was from a psychiatric point of view considered to be female. In a letter from another doctor, it was stated that he examined her in July, 1992, prior to surgery. He was satisfied that she was a male to female<b> transsexual. </font></b>He recommended that, subsequent to her surgery, she be considered both from the surgical and psychiatric viewpoint as being a person of female gender. In November, 1993, she changed her name by way of deed poll from Donal Mark Foy to Lydia Foy. On February 15th, 1993, she was issued with a fresh passport stating her sex to be female. For various purposes she was obliged to produce a copy of her birth certificate. Consequently, for those purposes she was necessarily considered to be male. This was a considerable source of frustration and embarrassment. She was from birth female. The refusal of the Registrar to consider the recording of her sex at birth as male to be an error was based on theories which were considered to be outdated from a social, medical and scientific point of view. Dr Foy said that sex could not be considered from a biological point of view only. There was nothing in the 1863 Act or in the regulations that required sex to be determined by biological criteria only. Her sex was central to her personality and aspirations. While she was, from a psychological point of view, female from birth, she had nonetheless committed herself to reassigning her genital sexual characteristics by way of major surgery and drug therapy over an extended period. Her sex was now confirmed as female. The refusal of the Registrar to take account of her situation and/or the failure of the legislative framework to allow for her birth certificate to reflect her correct sex and, as a corollary, to allow for the male name mistakenly given to her to be changed, constituted a serious violation of her constitutionally protected rights to privacy, dignity and equality. |
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very interesting        ~~~*I* only blog for entertainment and for practicing my Inglés~~~  
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lol i did say i would copy paste this ! hugs greg xx
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Hmm...Read this somewhere before!  It's really great news Greg. 
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