Lydia Foy action on legal recognition 'settled'

Written By Unknown on Selasa, 28 Oktober 2014 | 22.40

An action by transgender woman Lydia Foy against the State seeking a new birth certificate and legal recognition of her female gender has been effectively settled, the High Court has heard.

The action was settled on the basis of what the court was told was the Government's "firm intention" to enact the necessary laws in 2015.

In a statement, lawyers for the State told Mr Justice Paul Gilligan it was the "expressed intention" of the Government to secure the enactment into law of the Gender Recognition Bill 2014, "as soon as possible in 2015", which would enable Dr Foy to get the birth certificate.

On that basis, the case, which was listed for hearing next week, will instead be mentioned again in January next year.

Dr Foy was not in court today, but her solicitor, Michael Farrell, said she was "very pleased".

She began her bid for a birth certificate in the female gender 21 years ago, when she wrote to the registrar general looking for the certificate.

When it was refused, she took court action, supported by the Free Legal Advice Centres.

In 2007, the High Court found the State's failure to legislate to recognise transgender people in their preferred gender breached the European Convention on Human Rights.

Dr Foy had continued this legal action given the State's failure to enact such legislation despite the High Court declaration.

The case will be mentioned in court again on 29 January.


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