Gender Recognition (Jersey) Law 200-.

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A decision made (19/11/2008) regarding: Gender Recognition (Jersey) Law 200-.

Decision Reference: MD-C-2008-0034
Decision Summary Title :	Gender Recognition (Jersey) Law 200-		Date of Decision Summary:	19th November 2008
Decision Summary Author:	Kate Power Policy and Research Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Gender Recognition (Jersey) Law 200-		Date of Written Report:	19th November 2008
Written Report Author:	Kate Power Policy and Research Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Gender Recognition (Jersey) Law 200-
Decision(s): The Chief Minister agreed that the Gender Recognition (Jersey) Law 200- should be lodged au Greffe as soon as is practicable.
Reason(s) for Decision: 1. This Law is to provide for the legal recognition in Jersey of changes in gender by transsexual people so that they may enjoy any rights conferred by the law of Jersey on people of their acquired gender. 2. This Law will bring Jersey into compliance with the Island’s obligations in relation to legal recognition of changes in gender pursuant to the European Convention on Human Rights (the “ECHR”)1.
Resource Implications: All departments which will be affected have confirmed that financial implications are minimal. There are no additional manpower implications.
Action required: Request the Greffier of the States to ensure that the draft Law is lodged forthwith and is provisionally listed for debate by the States Assembly at the earliest permissible opportunity.
Signature:		Position: Senator Frank Walker, Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Gender Recognition (Jersey) Law 200-.

19 th November 2008

Gender Recognition (Jersey) Law 200-

Background

On 11th July 2002, the European Court of Human Rights delivered its judgment in the cases of Goodwin v United Kingdom and I v United Kingdom. In those cases it found that the United Kingdom had breached the Article 8 ECHR rights (right to respect for private life) and Article 12 ECHR rights (right to marry) of the two transsexual people involved.

These judgments have the effect that all State parties to the ECHR now have a positive obligation under international law to secure the ECHR rights and freedoms identified in Goodwin and I and must rectify any ongoing breaches by providing for the legal recognition of changes in gender by transsexual people and by permitting transsexual people to marry in their acquired gender.

The ECHR was ratified by the United Kingdom on behalf of Jersey on 23rd October, 1953. This ratification enabled persons to bring actions in European Court of Human Rights against the United Kingdom (as the State party with international responsibility for Jersey) for breaches by Jersey of the ECHR rights.

On 10th December, 2006 the Human Rights (Jersey) Law 2000 was brought into force in Jersey. It enshrined the ECHR rights in the law of Jersey and enabled persons to bring actions in the Courts of Jersey for breaches by Jersey of the ECHR rights.

The Strategic Plan 2006-2011 of the States of Jersey provides at Commitment 3.1 that –

“Basic rights and equal opportunities are established for all sectors of society”.

Jersey has therefore made a longstanding and continuing commitment to protecting the ECHR rights and as a result has an obligation to ensure that its law complies with the judgments of the European Court of Human Rights in Goodwin and I.

Currently, changes in gender of transsexual people are not recognised under the law of Jersey. Although transsexual people are able to obtain some official documents in their new name and gender, they cannot obtain new birth certificates or enjoy any rights confined by law to people of the gender to which they have changed. For instance, they cannot marry in the gender to which they have changed. The law of Jersey therefore requires amendment to bring it into line with the judgments in Goodwin and I.

In order to achieve this amendment the drafting of this Law was first considered in 2003 by the then Home Affairs Committee and then by the Legislation Committee. In 2005 the Legislation Committee agreed that the Policy and Resources Committee should take this matter forward and law drafting time was secured in 2006. Subsequently, the Legislation Advisory Panel and Law Officers’ Department have brought forward this Law for approval.

Recommendation:

The Chief Minister is recommended to approve the lodging au Greffe of the Gender Recognition (Jersey) Law 200- as soon as is practicable.

Kate Power

Policy and Research Officer

19 th November 2008