Legal Recognition of Gender Change for Transsexual Persons in the United Kingdom: The Human Rights Act of 1998 and 'Compatibility' with European Human Rights Law

82 Pages Posted: 2 Apr 2016

See all articles by Robert E. Rains

Robert E. Rains

Pennsylvania State University, Dickinson Law

Date Written: 2005

Abstract

This article explores the evolution of legal recognition of transsexuals in their new gender under British and European law. It details the three and a half decade battle in England, as well as in the European Court of Human Rights and the European Court of Justice, leading to the enactment in the UK of the Gender Recognition Act 2004. It also compares these developments to the unsatisfactory state of the law on this subject in the US.

Keywords: transsexual, gender change, United Kingdom, Human Rights Act 1998, Gender Recognition Act 2004, European Court of Human Rights

JEL Classification: K3

Suggested Citation

Rains, Robert E., Legal Recognition of Gender Change for Transsexual Persons in the United Kingdom: The Human Rights Act of 1998 and 'Compatibility' with European Human Rights Law (2005). Georgia Journal of International and Comparative Law, Vol. 33, No. 333, 2005, Available at SSRN: https://ssrn.com/abstract=2713526

Robert E. Rains (Contact Author)

Pennsylvania State University, Dickinson Law ( email )

150 S College St
Carlisle, PA 17013
United States

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