header-logo header-logo

04 February 2022 / Jack Castle , Oscar Davies
Issue: 7965 / Categories: Features , Human rights
printer mail-detail

Gender identities: a two-tier system?

71044
Elan-Cane: has the Supreme Court created an imbalance in rights protection between binary & non-binary genders? Jack Castle & Oscar Davies examine the ruling
  • Elan-Cane is contrary to domestic and international developments, which are moving towards legal recognition of non-binary gender identities.

In R (on the application of Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56, [2021] All ER (D) 53 (Dec), the Supreme Court found there was no positive obligation on the state to provide the option of an ‘X’ gender category on passports.

The claimant, Christie Elan-Cane, is non-gendered; ‘non-gendered’ being one of the gender identities that are neither male nor female. Although common ground that this gender identity engaged Art 8 of the European Convention on Human Rights, the amount of ‘respect’ due to that aspect of private life did not outweigh other factors, in particular the interest in a coherent state-wide administrative approach. However, the court’s reasoning differentiates between, on the one hand, binary male- and female-gendered people (whether

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

mfg Solicitors—Tracy Ashby

mfg Solicitors—Tracy Ashby

Birmingham partner returns to private client practice

No5 Barristers’ Chambers—Ian Tullett, Daniel Griffiths & Marc Forrest-Thomas

No5 Barristers’ Chambers—Ian Tullett, Daniel Griffiths & Marc Forrest-Thomas

Set introduces C-suite leadership team to support continued growth

NEWS
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Employers are being urged to prepare now for far-reaching employment law changes taking effect in January 2027
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
back-to-top-scroll