The European Court of Human Rights has declared inadmissible a challenge brought by a trans man who was registered as the mother of a child, despite having a Gender Recognition Certificate in the male gender.
The Court noted that the right to gender recognition may need to be balanced against the rights of others, here the right of a child to know the details of their parentage.
The Court was clear that, where a balance needs to be struck between the right to gender recognition and the rights of others, a wide margin of appreciation (discretion) is afforded to member states [16]-[18]
In this case, the limitations on the scope of gender recognition were squarely within the UKs margin of appreciation.
The European Court of Human Rights therefore concluded that the application inadmissible under Article 35, 3(a) as incompatible with the Convention, manifestly ill-founded or an abuse of process.
Link to full judgement: matrixlaw.co.uk/news/challenge…
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