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Gender – Gender recognition. The claimant post-operative male-to-female transsexual applied for an order that s 3(3) of the Gender Recognition Act 2004, containing the evidential requirements for a gender recognition certificate, was incompatible with the European Convention on Human Rights. The Administrative Court, in dismissing the application, held that there was no incompatibility with art 8 of the Convention, as the provision of the details of the treatment required by s 3(3) of the Act was necessary and proportionate to the legitimate aim. Further, there was no discrimination against the claimant, under art 14 of the Convention, on the grounds of sex or 'other status', as a post-surgery transsexual person.
Gender – Gender recognition. The claimant post-operative male-to-female transsexual applied for an order that s 3(3) of the Gender Recognition Act 2004, containing the evidential requirements for a gender recognition certificate, was incompatible with the European Convention on Human Rights. The Administrative Court, in dismissing the application, held that there was no incompatibility with art 8 of the Convention, as the provision of the details of the treatment required by s 3(3) of the Act was necessary and proportionate to the legitimate aim. Further, there was no discrimination against the claimant, under art 14 of the Convention, on the grounds of sex or 'other status', as a post-surgery transsexual person.
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