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Lydia Foy Derek Speirs via Flac

Lydia Foy: The woman at the heart of securing transgender rights in Ireland

Flac (Free Legal Advice Centres) has produced a comprehensive history of Foy’s right for justice in a report.

“OUR IDENTITY IS a fundamental part of who we are – whether it’s your nationality, your race, your religion, or your gender.” – Sara Phillips, TENI.

Irish transgender woman Lydia Foy spent 20 years of her life involved in a difficult and complex litigation to have her gender legally recognised in the Irish State.

Her battle has since resulted in a radical reform of the law on gender recognition – the Gender Recognition Act.

Flac (Free Legal Advice Centres) has produced a comprehensive history of Foy’s right for justice – ‘A story of great human proportions’: Lydia Foy and the struggle for transgender rights in Ireland.

Foy was born in Westmeath in 1947 and was registered male at birth. In 1992, she had gender reassignment surgery in the UK and from then on she has lived as a woman.

The legal battles

As Teni details in its timeline of Foy’s story, and as is detailed in the new report, in March 1993, Foy’s legal battles began when she applied to the office of the Registrar General for a new birth certificate to accurately reflect her correct gender.

In 1997, Foy began High Court proceedings, with the help of Flac, to request that the Registrar provide her with a new birth certificate.

The case was heard in the High Court before Justice Liam McKechnie in 2002. On 9 July 2002, Foy’s request was rejected and Kechnie stated there was no authority under the Registration Acts to change the gender registered at birth except for purely clerical errors.

McKechnie called on the government to take urgent action to assist transgender people.

Foy then appealed to the Supreme Court. However, before the appeal was heard, the European Convention on Human Rights Act 2003 was enacted. The report outlines that the Act required public bodies to carry out their functions, as far as possible, in compliance with the ECHR and required the courts to interpret legislation, also as far as possible, in line with it also.

Because of this, and as noted in the TENI timeline, Foy made a new application to the Registrar General in November 2005, citing the obligation under the Act to comply with the requirements of the European Convention.

The Registrar General refused her case again under grounds that he had no power under the Registration Act to do what was requested.  Foy again began a new High Court case, seeking a declaration under the ECHR Act that Irish legislation was not compatible with the European Convention in relation to the registration and issue of birth certificates.

In 2007, Foy returned to the High Court and Justice McKechnie again heard her case. As noted in the report, Judge McKechnie repeated that there was nothing in Irish law on the Constitution that would require or allow for Foy’s birth record to be amended or to allow for a new birth certificate.

90394771_90394771 Lydia Foy being honoured by the European Parliament with the European Citizens Prize Sam Boal Sam Boal

Recent progress

In May 2010, the government set up the Gender Recognition Advisory Group (GRAG) to advise on the legislation to recognise transgender people as their preferred gender.

Flac (having taken on Foy’s case), the Transgender Equality Network Ireland (TENI) and other bodies made recommendations to the group. In July 2011, the group published its recommendations and proposed gender recognition legislation, the TENI timeline and report outline.

In January 2013, Foy issued new proceedings in the High Court, seeking a declaration that the Irish government was under a legal duty to make provision for issuing her with a new birth certificate. She also sought damages for the continued breach of her rights following the High Court decision in 2007.

The case was settled in November 2014.

The Gender Recognition Act was passed on 15 July 2015. It meant that a person can apply for a Gender Recognition Certificate to the Department of Social Protection in order to have their preferred gender recognised by the State.

In November 2017, Minister Regina Doherty appointed a review group chaired by Moninne Griffith (executive director of BeLonG To) which includes members from TENI, Flac, other independent experts in the field and government bodies.

The group has said it will review the following areas:

  • Arrangements for children aged 16 to 17 years
  • Arrangements for children under 16 years
  • Arrangements for persons who identify as neither male nor female (e.g. non-binary)
  • Arrangements for intersex people
  • Any other relevant issues, including issues relating to the operation of the current legislative provisions (i.e the Gender Recognition Act 2015)

It will submit its report to the Minister in May this year.

‘Thank you’

Speaking at the launch of Flac’s report, and addressing the impact Lydia Foy has had on transgender rights in Ireland, chairperson of TENI Sara Phillips thanked Flac and Foy.

“Without this case, without her struggle and without her unyielding and forthright commitment to make sure she kept going, I think the trans community wouldn’t be where they are today,” Phillips said.

“As we step forward, the trans community, from the shadows, with pride now, we can be confident that there are allies who will support and stand behind us within that struggle.

So, let’s be clear, there is still a need to ensure that the social causes and heroes like Lydia are documented and remembered.

“For the trans community, we must pledge for keeping this story alive in the minds of everyone, in the minds of society, but also in the minds of our own community.”

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50 Comments
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    Mute Bill Clay
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    Jan 9th 2019, 4:43 PM

    And as they stand solemnly, quietly in reflection over the past 100 years, they raise their heads, look at each other and burst out laughing that they’re still getting away with it

    171
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    Mute Anthony Murphy
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    Jan 9th 2019, 4:51 PM

    There still on their xmas holidays ffs

    77
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    Mute Mark Johnson
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    Jan 9th 2019, 4:49 PM

    a special joint session..like a Marijuana session ?

    41
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    Mute Irish Spider-Man
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    Jan 9th 2019, 5:26 PM

    My grandfathers last word::
    Son… it doesn’t matter who you sleep with or what drugs you take but never vote for the Blueshirts

    52
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    Mute GerryCummins
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    Jan 9th 2019, 11:56 PM

    @Irish Spider-Man: thought it would be “”don’t forget I was in the GPO in ’16″ lol

    1
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    Mute GerryCummins
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    Jan 9th 2019, 11:57 PM

    @Irish Spider-Man: you were also your Grandfather’s son.. furked up that family so!

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    Mute Adrian
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    Jan 9th 2019, 4:44 PM

    They could probably re-enact it too if they call a general election and we can wipe out the horrendous current shower of FF and FG idiots in 2019.

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    Mute Daniel Roche
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    Jan 9th 2019, 5:06 PM

    @Adrian: you do realize if there was election this year, either FF or FG would still be in government,what’s the point in wasting tax payers money when know the result already.

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    Mute davey boy
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    Jan 9th 2019, 5:07 PM

    @Adrian: And replace them with who? Sinn Fein…

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    Mute MickN
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    Jan 9th 2019, 5:22 PM

    @davey boy: There the usual line thrown out, decades and decades have been shared between the two and we have seen the country being bankrupt , a deplorablehousing crisis ,they have assisted banks in robbing people, put unsecured bonds ahead of the people, but sure they are grand leave them at it.
    Giving themselves pay increases while telling nurses be glad of the pitance they are on, but our gombeen nation says gimme more of that, I despair, we deserve all we get……

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    Mute Adrian
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    Jan 9th 2019, 5:30 PM

    @davey boy: and the irish parlimentary party fellas were probably saying the same thing before the 1918 general election!

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    Mute Donal Desmond
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    Jan 9th 2019, 5:57 PM

    @davey boy: Well the record of the Blueshirts/F.F. since the foundation of the free state is clearly shown today by the mess the country is in..Do you not find it ironic that the F.F. party that facilitated in the gangsterism of the banks and developers and brought this country to it knees, now keep in power the blueshirts who imposed draconian austerity measures to repay for the gangsterism of the banks and developers . Some record to be proud of there.
    .

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    Mute davey boy
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    Jan 9th 2019, 7:36 PM

    @Donal Desmond: I don’t vote for either FF or FG but there is no alternative.
    Labour abandoned their values.
    Sinn Fein are professional fence sitters.
    Greens want to tax anything with a boiler or an engine.
    SD, Just not enough of them.
    Independents. All single issues lunatics.

    9
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    Mute Adrian
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    Jan 9th 2019, 9:29 PM

    @davey boy: i think it doesn’t need to be a case of nobody else to vote for. Thats what these idiots want you to think. If both FF and FG combined support drops to a level of say low 40′s, they cannot collude to form a gov simply because they don’t have the support, they might look for a rainbow type gov, hard to achieve anything with that, but then more options might emerge in terms of who to vote for if another election is called soon after.

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    Mute GerryCummins
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    Jan 9th 2019, 11:54 PM

    @Donal Desmond: anyone using “Blueshirts, Posh boy, Neo Liberal, FFG” etc, must have only woken up yesterday…. its the default for anyone who can’t reason… buzz words, that identify the user of those words as someone who hasn’t lived long enough to experience life! And no I’m not an apologist for any politician or Party..I’m “A” political…..

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    Mute Lobert Rester
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    Jan 9th 2019, 5:14 PM

    Never have so many done so little for people they are supposed to represent. An utter waste of money! Over paid, underperforming parasites.

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    Mute Bill Clay
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    Jan 9th 2019, 5:22 PM

    @Lobert Rester: the sad reality being that most of them would be re-elected if an election was called

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    Mute Danny G
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    Jan 9th 2019, 5:03 PM

    It’s an awful pity that Marty McFly and Doc Brown didn’t do a trip back to 09011919 to warn them boys of their future successors!! They could have filled the car with poitín or cowshite to get it back to 1985 if they were stuck!

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    Mute John Mc Donagh
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    Jan 9th 2019, 5:07 PM

    Some of our perfect patriots claim to be their natural successors!

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    Mute Nigel o'Neill
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    Jan 9th 2019, 5:18 PM

    Different age, same government

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    Mute paul jones
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    Jan 9th 2019, 6:00 PM

    Talk about a bubble

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