DUBLIN, September 13, 2007  –  The Union of Students in Ireland (USI) has said today it anticipates the High Court will tomorrow affirm the right of an individual who has undergone gender reassignment to be recognised as female on her birth certificate.

USI said it anticipated the ruling to be consistent with Ireland’s obligations under the European Convention on Human Rights which it adopted in 2003.

The wider implication of the expected ruling is that all Irish public bodies which fail to recognise the gender of reassigned individuals are acting unlawfully and can no longer hide behind constitutional objections.

“Expectations are that the High Court will find that the State must recognise the correct gender of a reassigned individual – in this case Dr Foy,” said USI president Richard Morrisroe.

“The European Convention on Human Rights Act 2003 enshrines the European law in the Irish statute book. Crucially, the 2003 Act requires that any Irish court must interpret the rule of law in a manner that is compatible with the provisions of the convention.

 “The anticipated court ruling should affirm that the Irish Government is not above the law,” he added.

And USI LGBT spokesperson Sonya Donnelly pointed out that a judgement against the Irish State is “long overdue”.

“The discrimination against transgender people is abhorrent to human decency and human rights,” he said.

“The Government is deeply culpable having refused to allow Dr Foy to amend her birth certificate, which violated her rights guaranteed by the European Convention on Human Rights.  Dr Foy and other transgender individuals have been effectively dehumanised by the Irish State.

“We do not underestimate the difficulties posed in changing the system of birth registration and in areas such as family law, employment and social security, but such problems are not insurmountable and have been overcome in the UK.

“The Government must immediately introduce legislation on Gender Recognition and protect its citizens from unjust attack and prejudice,” she insisted.