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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll