Question: CRITICALLY ANALYSE THE EXTENT TO WHICH THE RIGHT TO RESPECT FOR A PRIVATE LIFE PROVIDES PROTECTION FOR A TRANSSEXUAL’S ABILITY TO GAIN LEGAL RECOGNITION FOR A CHANGE OF GENDER.
Answer: The right to respect for a private life is contained within Article 8 of the European Convention of Human Rights (“ECHR”), now enshrined in the United Kingdom by the Human Rights Act 1998. For many years transsexuals have argued that their right to respect for a private life provides protection for their ability to gain legal recognition for a change of gender. It is a legal battle which stretches back 33 years, to the case of former merchant seaman April Ashley. She underwent one of the earliest successful sex change operations, but after an unhappy marriage she applied to the High Court for a decree of nullity. It was held that, because her sex was irrevocably determined at birth, the marriage was void from the outset as both parties were male. Through the 1980s and 90s a succe......(short extract)
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Details: - Mark: 73% | Course: Human Rights Law | Year: 2nd/3rd | Words: 4926 | References: Yes | Date written: Not available | Date submitted: October 19, 2008 | Coursework ID: 125
