Facebook Twitter Tumblr Ello Email info@uktrans.info

Guide to ECHR case law relating to discrimination on the grounds of sexual orientation and/or gender identity.

Read more: Case law of the European Court of Human Rights relating to discrimination on grounds of sexual...

Court of Appeal judgment from Lord Justice Underhill dealing with a trans woman wanting to claim state pension at age 60. This case deals with situations that arose after the Gender Recognition Act came into force.

Read more: MB v Secretary of State for Works and Pensions [2014] EWCA Civ 1112

Factsheet summarising significant cases at the European Court of Human Rights which concerned gender identity issues. This Factsheet does not bind the Court and is not exhaustive.

Read more: ECHR Factsheet – Gender identity issues

High Court judgment from The Hon Mr Justice Simon dealing with how the Department for Works and Pensions handle data regarding the gender history of transgender customers.

Read more: The Queen (on the application of C) v Secretary of State for Work and Pensions [2014] EWHC 2403...

The case concerned the complaint of a male-to-female transsexual that she could only obtain full official recognition of her new gender by having her marriage turned into a civil partnership. The Court found that it was not disproportionate to require the conversion of a marriage into a registered partnership as a precondition to legal recognition of an acquired gender as that was a genuine option which provided legal protection for same-sex couples that was almost identical to that of marriage. The minor differences between these two legal concepts were not capable of rendering the current Finnish system deficient from the point of view of the State’s positive obligation under Article 8. In addition, such a conversion would not have any implications for the applicant’s family life as it would not affect the paternity of the applicant’s daughter or the responsibility for the care, custody, or maintenance of the child.

Although this case does not directly affect the UK, it is included here as it may have future implications.

Read more: Hämäläinen v Finland (European Court of Human Rights Application no. 37359/09)

Court of Appeal judgment from Lord Justice Aikens dealing with a trans woman wanting to claim state pension at age 60. This case deals only with situations that arose before the Gender Recognition Act came into force.

This case led to a procedure being put in place for trans women born between 24 December 1919 and 3 April 1945 to put in a claim for backdated state pension if they can show they had orchidectomy, penectomy, vaginoplasty, clitoroplasty and/or labioplasty before 4th April 2005. The state pension will be backdated to when they turned 60 or when they had one of the above operations, whichever date is later. For more information on this, see State Pension: equal treatment rights for social security purposes for periods before the Gender Recognition Act 2004 came into force.

Read more: Christine Jennifer Timbrell v Secretary of State for Works and Pensions [2010] EWCA Civ 701

UK Trans Info is run by volunteers and relies on donations from supporters in order to function. If you feel able to donate then please use the button below to make your donation. You will be able to choose how much you would like to donate (any amount is greatly appreciated) and if you would like it to be a one-off or a monthly donation.

Other methods of donation are available here.