Zusammenfassung der Ressource
Gender Recognition
- Determining Sex
- Before the Gender Recognition Act
2004 one could not change ones'
sex in the eyes of the law, unless a
mistake had been made at the
time of registration of a birth
certificate
- Sex refers to the PHYSICAL attributes of
gender norms whereas gender itself
means MASCULINITY and FEMENINITY
- Corbett v Corbett [1971] P 83
- Marriage conducted
between couple, wife in
the case was named April
Ashley, a very successful
female model. April had
been born male, there
was no common
knowledge that a
significant number of
babies are born whose
sex is not apparent.
- Psychologically
April was a female
and underwent
processes to
physically change
her sex.
- It was held that if you
were correctly
registered as male at
birth, no subsequent
change or development
counted.
- Therefore, april could not marry
her spouse at the time as she was
a man and the marriage of
same-sex couples was not lawful
- Breach of right to marry (ECHR Art.12)? No. She could still in the
eyes of the law have married a woman as she was legally male
- Case was PRE-GRA 2004
- Goodwin v UK (2002) 35 EHRR 18
- The fact that you cannot change
your sex legally is an
unacceptable breach of Art.8
ECHR (right of respect for private
and family life)
- Prompted introduction of Gender Recognition Act 2004?
- The Gender Recognition Act 2004
- Provides a process whereby
one can, e.g. say; "I was
correctly registered as a
female (on basis of
genitals) but my gender
(psychological and social
characteristics) is now male
so register the subsequent
change"
- The Act is now
complicated by
having more or
less duplicate
'mirror provisions'
for Scotland and
for England and
Wales
- GRA not
examinable but
should understand
key elements e.g.
the effects of a
successful
application upon
an existing or
subsequent
marriage
- Effects of the 2004 Act
- s.9(1) where a
full GRC is
registered the
person's
gender [i.e.
sex] becomes
for all
purposes the
acquired
gender [i.e.
sex]
- s.12 [This] ...
does not
affect the
status of the
person as the
father or
mother of a
child
- Who can apply?
- s.1(1) A person ... who is aged at least 18 may
make an application [to the Gender Recognition
Panel] for a gender recognition on the basis of
- (a) living in
the other
gender
- (b) having
changed gender
under the law of
a country or
territory outside
of the UK
- The "Test"
- s.2 - panel must grant either an interim or a full GRC if
- Applicant has gender dysphoria
- Has lived in new gender for at least the most recent two years
- Intends to remain in the new gender for life and provides evidence
- Definition and Evidence
- s.25 - definition
of Gender
Dysphoria
- s.3 - report by two
medical professionals
confirming the
applicant meets the
tests and also a
declaration whether
the party is married
or in a civil
partnership
- It is not necessary for someone to
have undergone sexual
reassignment surgery or to have
been prescribed hormone
treatment
- Gender Recognition Certificates
- Must be issued a full GRC if you
meet the requirements of s.3
- AND you are not married or
in a civil partnership
- you are not in a protected marriage
(England and Wales with consent of spouse
for marriage to continue) or protected CP
- A full GRC is registered by s.10 and that's that
- Must be issued with an interim GRC if
you meet the requirements of s.3
- AND you are married or in CP which
is not a 'protected' marriage or CP
- Interim GRC allows divorce in
Scotland, annulment of marriage in
England and Wales, and dissolution
of a CP in either jurisdiction
- When granting you a divorce (see
s.5) the court will also turn your
interim GRC into a full GRC