Equality win for trans woman
The European Court of Justice today ruled in favour of a trans woman who was denied a pension at the age of 60 as the law defines her as being a man, and so not eligible to a pension until 65.
The court held that European law precludes legislation which would deny a pension to a trans woman on the ground that she has not yet reached 65.
Joanne Sawyer, Legal Officer for Liberty said:
“Once again the UK has been found wanting in its protection and promotion of equality rights. This ruling is another nail in the coffin of outdated practices which discriminate against trans persons.”
The European Court of Justice will now refer the case back to the Social Security Commissioners for a domestic ruling. The SSC will be bound by the ECJ's interpretation of the law.
In 2002 the ECHR found in Goodwin & I v UK that UK law violates the rights of transsexual people. In the judgment on Goodwin and I v UK, the Court ruled that article 8 (the right to private and family life) and article 12 (the right to marry) have been violated.
In 2005 the Gender Recognition Act 2004 came into force. This was a response to Goodwin and creates a system to recognise trans people for all purposes in their acquired gender.
Source: Liberty - www.liberty-human-rights.org.uk
Additional article on the Telegraph's website: www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/04/28/ntrans28.xml&sSheet=/news/2006/04/28/ixhome.html
