Diagnosis for Human Rights?

Human Rights in Ireland is pleased to welcome this guest post from Ben Power. Ben is the Board and Company Secretary for Transgender Equality Network Ireland. For more information on TENI’s work see www.teni.ie

Transgender Equality Network Ireland (TENI) is Ireland’s national trans organisation. We seek to improve conditions and advance the human rights and equality of trans people and their families. We are dedicated to ending transphobia, including stigma, discrimination and inequality. As part of this, one of the most important campaigns we are currently working on is the introduction of fully inclusive Gender Recognition Legislation. This provides a process enabling trans people to achieve full legal recognition of their preferred gender and allows for the acquisition of a new birth certificate that reflects this change. The introduction of legislation will make it easier for trans people in Ireland to lead safe, healthy and integrated lives.  Legislation has been proposed, however, much of it is restrictive and would infringe on the rights and privacy of trans people. In October 2012, a blog carnival to mark the 5th anniversary of Dr Foy’s victory  in the High Court was used to highlight the issues with the proposed legislation. Read it here.

So why does Gender Recognition Matter so much? What makes it so important?

There are many situations in an individual’s life where they are required to present a birth certificate in order to obtain their legal entitlements. For a transgender person this poses some complications. When the name and gender on your birth certificate is vastly different from the name you currently use and how you present your gender, questions will always be asked and this invariably leads to an awkward explanation forcing the trans person to “out” themselves, Continue reading Diagnosis for Human Rights?

Human Rights and the Irish Government's Legislative Agenda 2012 and Beyond

The Department of An Taoiseach has published the overly ambitious legislative agenda for the current Dáil and Seanad session. The Immigration, Residence and Protection Bill 2010 will (hopefully!) be heading to Committee Stage this term. The 2010 Immigration Bill has been around in essence since 2006, and will unlikely be coming into force for some time to come yet, despite severe need for fundamental reform of Ireland’s immigration and asylum laws.  Previous blog posts have discussed concerns with the 2010 Bill and its provisions, as well as noting the severe delays in debating this bill [see, here, here and here].  In the immediate future, a number of significant bills are expected be published that will engage Ireland’s human rights obligations under domestic, European and international human rights law. Of particular note in this regard will be establishing the DNA database (see Vicky’s Blog Carnival posts on DNA databases) and reforming the law on mental capacity (see Law Reform Commission’s report here and Human Rights in Ireland contributions to the wider capacity debate here).

A large number of other  Schemes/Heads of Bills are currently being drafted up as bills, in particular as regards criminal justice issues, corruption Continue reading Human Rights and the Irish Government's Legislative Agenda 2012 and Beyond

Gender Recognition Legislation in the New Year?

The Irish Examiner reports today that, on foot of a Green Party proposal, legislation ‘allowing transsexuals to be recognised in their acquired gender’ will go before the Dail in the new year. The Examiner reports that ‘the state has dropped an appeal of a High Court decision that it is in breach of the European Convention on Human Rights in not having a process and a register legally to recognise the acquired gender of transsexual persons.’ Tanya blogged about the proposals for gender recognition legislation in the new Programme for Government in some depth here. We hope to provide commentary when details of the proposed legislation emerge.

Update: Great video interview with Lydia Foy and Michael Farrell of FLAC here.

Hat-tip: One of our readers, Cat McIlroy, says

I spoke with Dr. Foy’s solicitor this afternoon to clarify the appeal statement in the Irish Examiner – neither he nor Lydia has heard anything regarding the Government dropping the appeal.

Thanks Cat!