| Author (Person) | McLauchlin, Anna |
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| Series Title | European Voice |
| Series Details | Vol.11, No.36, 13.10.05 |
| Publication Date | 13/10/2005 |
| Content Type | News |
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By Anna McLauchlin Date: 13/10/05 A British transsexual fighting for the right to a pension before she is 65 will have her case heard at the European Court of Justice (ECJ) on Thursday (20 October). The ECJ has already ruled against the UK in 2004 over pension rights for transsexuals. Sarah Margaret Rich-ards was born a man in 1942, but in 2001 under-went gender reassign-ment surgery. After her 60th birthday Richards applied for her pension but was refused on the basis that officially she was still a man and therefore unable to claim her pension until she was 65. UK law does legally recognise transsexuals in their acquired gender under the Gender Recognition Act, but it only came into force in 2004 and cannot be applied retroactively. The UK Social Security Commissioner has asked the ECJ whether the UK's situation breaches EU discrimination laws as well as the European Convention on Human Rights. Until the Gender Recognition Act was passed last year, the UK was one of only two member states not to recognise sex changes as legally valid, the other country being Ireland. In 2004 the ECJ ruled in favour of a British female nurse who was refused a widower's pension provision for her partner who used to be a woman. Article previews on the case at the European Court of Justice of a British transsexual fighting for the right to a pension before she is 65, to be heard on 20 October 2005. |
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| Source Link | Link to Main Source http://www.european-voice.com/ |
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| Countries / Regions | United Kingdom |
