Transgender Irish nationals are still being blocked from having their gender reassignment recognised by the State, despite the same right being accorded to foreign nationals.
An update on the issue was offered by the Government in response to a questionnaire completed by 47 member states of the Council of Europe.
Although its statement of policy confirms that birth certificates amended by states where gender reassignment is recognised will be accepted for the purposes of marriage or civil partnership, the status of Irish transgender people is a “work in progress”.
In response to the news, Free Legal Advice Centres (Flac) insists that the disparity of status between Irish nationals and residents from other countries will result in unequal rights if further action isn’t taken.
“We welcome the recognition of transgender people from other countries,” said Flac senior solicitor Michael Farrell, “but this could create a two-tier system where Irish-born transgender people are treated unequally. ”
Marriage in Ireland between transgender people recognised as such outside of Ireland is at the centre of this dispute.
The developments come after new proceedings issued against the State by transgender woman Lydia Foy, won a case against the High Court in 2007 with her argument that Ireland had failed to supply a “meaningful recognition” of her female identity against provisions set forth by the European Court of Human Rights.
Since the case, however, no legislation has been introduced allowing transgender people from Ireland to acquire amended birth certificates, though passports and drivers’ licences are attainable.
Speaking to The Irish Times recently, Foy said she understands the importance of personal identity given her struggles to have her own legally recognised.
“I see everything flows from your identity. Being accepted for who I am is the most important thing, ” she said. “I would like to see this wrong put right as quickly and with as much dignity as possible.”
