‘The legislative backdrop to both cases featured the Human Rights Act 1998 (HRA 1998) and the Gender Recognition Act 2004 (GRA 2004), the latter being legislation enacted by Parliament to enable persons who have changed gender to have their acquired gender recognised and certified. GRA 2004 was Parliament’s response to the decision in Strasbourg in Goodwin v United Kingdom (Application No. 65723/01) [2008] All ER (D) 113 (Jan), in which it was held that the UK had failed to comply with its positive obligation to ensure the right of a transsexual to respect for her private life, in particular by affording legal recognition to her acquired gender.’
Halsbury’s Law Exchange, 26th May 2015
Source: www.halsburyslawexchange.co.uk
