Christine Goodwin v United Kingdom was a 2002 decision of the European Court of Human Rights holding that the United Kingdom's continuing refusal to give legal recognition to the post operative gender of transgender people, including for purposes such as marriage and pension eligibility, violated the right to respect for private life and the right to marry under the European Convention on Human Rights. The judgment reversed the Court's own earlier case law, which had found no such violation, and it prompted the United Kingdom's Gender Recognition Act of 2004, which created a legal process for changing a person's recorded gender.
Facts
Decision Year Decision Date HoldingThe United Kingdom's continuing failure to give legal recognition to the post-operative gender of transgender people violated the right to respect for private life under Article 8 of the European Convention on Human Rights and the right to marry under Article 12, reversing the Court's own earlier case law that had found no such violation. 1 Current StatusNot overruled; the judgment prompted the United Kingdom's Gender Recognition Act 2004, giving transgender people a legal route to recognition of their acquired gender that had been denied at the time of this case. 1 Case Status
Case Status (category)Overruled (in whole or part) 1 Connections
Decided By
Decided by the European Court of Human Rights, 2002.
In Legal System
Source Christine Goodwin v United Kingdom (Wikipedia)
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Sources
1. Christine Goodwin v United Kingdom (Wikipedia)
- Lead paragraph, decided 11 July 2002
Reception section
The government's loss of the Goodwin case was a factor in the introduction of the Gender Recognition Act 2004.
Reasoning section, Article 8 conclusion sentence
There had, accordingly, been a failure to respect her right to private life in breach of Article 8.
In Legal System: Public International Law, lead paragraph, states the instrument or body is international
United Kingdom is a case decided by the European Court of Human Rights on 11 July 2002.
In Group: European Union Law and European Human Rights Court Cases, Introduction, sentences 1-2
Christine Goodwin v. United Kingdom is a case decided by the European Court of Human Rights on 11 July 2002.
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