Grant v. the United Kingdom (European Court of Human Rights)

Linda Grant, a 68-year-old post-operative male-to-female transsexual, complained about the lack of legal recognition of her change of sex and the refusal to pay her a retirement pension at the age applicable to other women (60). The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention. It observed that the applicant had been in a situation identical to that of Christine Goodwin. While it was true that the Government had had to take steps to comply with the Christine Goodwin judgment, which had involved passing new legislation, it was not the case that that process could be regarded as in any way suspending the applicant’s victim status. Following the Christine Goodwin judgment there was no longer any justification for failing to recognise the change of gender of post-operative transsexuals. The applicant did not have at that time any possibility of obtaining such recognition and could claim to be prejudiced from that moment. The applicant’s victim status had ceased when the Gender Recognition Act of 2004 had entered into force, thereby providing her with the means on a domestic level to obtain legal recognition. Consequently, she could claim to be a victim of the lack of legal recognition from the moment, after the Christine Goodwin judgment, when the authorities had refused to give effect to her claim, namely from 5 September 2002. This lack of recognition had breached her right to respect for her private life.

Chamber judgment Grant v. United Kingdom 23.05.06.

European court backs transsexual pension rights ·



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