Ireland 'left behind' on recognising transsexuals

Ireland is being left behind "yet again" in the field of human rights following a British government move to establish legal …

Ireland is being left behind "yet again" in the field of human rights following a British government move to establish legal recognition of transsexuals, according to a leading campaigner on the issue.

The British draft legislation proposes setting up an assessment board to decide whether someone who has had a sex change operation can be considered a member of the post-operative sex in the eyes of the law.

If the transsexual meets certain criteria, a new birth certificate will be issued indicating the person's new sex. This will then allow them to marry without giving recognition to same-sex marriages in British law.

Ms Diane Hughes of the Transgender Equality Network (TEN) said that apart from Albania and Andorra, Ireland is now the only country among the 45 member states on the Council of Europe not to have legislated or begun legislating on the issue.

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"Ireland likes to portray itself outwardly as a country of humanitarian values. But when it comes to social policy we're being left behind yet again when it comes to treating people equally," Ms Hughes said.

Legal recognition also has significant importance for healthcare - an area where there is little provision for operations, counselling and qualified consultation.

Ms Hughes said a number of Irish transsexuals - both pre-operative and post-operative - conceal their gender identity for fear of being physically attacked or ostracised.

Senator David Norris, a long-time campaigner on gay rights, welcomed Britain's move. "This is an area many people find difficult to understand until they meet someone who is transsexual. And then they recognise the human qualities of courage and perseverence that motivate their search for full legal rights," the senator said.

The British move follows a ruling by the European Court of Human Rights that found in favour of Ms Christine Goodwin in her claim that the United Kingdom had breached her human rights in respect of a right to marry and respect for private life.

The judgments implied the right to a revised birth certificate in the transsexual person's new gender, in turn implying legal recognition, the court found.

The draft legislation must come before a Commons committee before being brought to parliament.