A man wanted to change the date of birth recorded on his biometric ID because it was causing him severe trauma, and the court said no. thetimes.co.uk/article/fe457c…
"A public authority’s record keeping function had to respect the rights of individuals to their private life, under Art 8 of the Convention, but that did not extend to inserting information in records which was unverified, inaccurate or misleading..."
"...That was the case no matter how serious the consequence for a particular individual."
Compare this to the Goodwin case which was also about Art 8, and which the UK gold plated by inserting inaccurate and misleading information on birth certificates.
Also compare it to how sex first got changed on passports - not because of any legal challenge but because someone had a word with someone at the passport office.
Thecase of Corbett v Corbett describes how it was Arthur Corbett who managed to get April Ashley's passport. Changed to F
Doors open when you are the "3rd Baron Rowallan"
But as this case shows there was never an obligation on the state to falsify official documentslike this.
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It is being asked whether #MOMABill needs to say "persons" instead of "women" in order to include females who have legally changed sex to male
My answer: no ...
The GRA is a legal fiction which allows for look throughs - it does not mean other laws can never refer to the sexes
It is recognised that it is necessary for the law to refer to the two sexes - in particular in matters around reproduction, and in anti discrimination law (as well as regulations relating to sport, buildings, healthcare etc...)
For example the laws around fertility treatment are specified as relating to women and men (in their respective biological roles). It is obvious as obvious can be that this refers to the big gamete people and the small gamete people
In 2002 The EcHR ruled in the case of Goodwin that not changing sex recorded on birth certificate breached the right of a post operative transsexual to a private life, and that changing it for a tiny number of people would have no substantive harm to public interest.
In 2021 it is being argued that because the resulting law gold plated this to allow people to change their legal sex without slteration to their body we can no longer have words for the two sexes, or use those words to recognise biological sex in law.
Why does this male person, Stonewall trans advisory group member, get coopted on to the Royal College of Obs and Gyne Womens Network where we get to advise doctors about the experience of patients?
GRA is outdated - it was mainly about equal marriage.
It confuses sex and gender
Karon Monaghan - Sex is about biology, gender is the social aspects - it conflates them
KM in relation to the criteria --there is a lack of clarity - "living in the required gender" - very unclear what that means? How to assess that? Danger of falling into gender stereotypes