header-logo header-logo

25 February 2022 / Nicholas Dobson
Issue: 7968 / Categories: Features , Public , Human rights
printer mail-detail

X-rated passports?

73194
Gender identity in the spotlight: Nicholas Dobson analyses the Supreme Court’s reasoning in Elan-Cane
  • Neither the European Convention on Human Rights nor the Human Rights Act 1998 in domestic law impose any current obligation for the secretary of state to issue an X-marked, gender-neutral passport.

According to the Anglican clergyman and essayist Sydney Smith (1771–1845), ‘there are three sexes—men, women, and clergymen.’ However, the past being ‘a foreign country’ where they ‘do things differently’, sex and gender are more complex nowadays. For, as the World Health Organization indicates, while ‘gender identity refers to a person’s deeply felt, internal and individual experience of gender’, this ‘may or may not correspond to the person’s physiology or designated sex at birth.’

So how does UK law treat transgender people, ie those having a gender different from their birth record? Under s 7(1) of the Equality Act 2010 (EqA 2010) a person has a gender reassignment protected characteristic in the light of a process (or part process) ‘for the purpose of reassigning the person’s sex by changing

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll