1COR Quarterly Medical Law Review – Spring 2020 – Issue 5 – 1 Crown Office Row

‘Welcome to the fifth issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row.’

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1 Crown Office Row, 15th May 2020

Source: www.1cor.com

How Being Legally Recognised As A Trans Woman Changed My Life – Each Other

Posted May 21st, 2020 in equality, gender, news, transgender persons by sally

‘Dee is one of approximately just 6,000 transgender people to have obtained a GRC under the Gender Recognition Act since it came into force in 2005. This statistic speaks volumes when compared with the actual number of trans people living in the UK which, according to the Government Equalities Office, is estimated at between 200,000 and 500,000.’

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Each Other, 20th May 2020

Source: eachother.org.uk

Transgender man loses appeal and remains recognised as ‘mother’ on child’s birth certificate – Transparency Project

Posted May 14th, 2020 in birth, children, gender, news, paternity, registrars, transgender persons by sally

‘This case concerns an appeal by Alfred McConnell (previously anonymised as TT in the first instance decision). Mr McConnell was born female but around 10 years ago, at the age of 22, transitioned to become male, undergoing testosterone treatment and a double mastectomy. His passport and medical records recorded him as male. In September 2016, Mr McConnell commenced fertility treatment in order to have a child. He was also recorded as male at the fertility clinic. A gender recognition certificate was awarded shortly after in April 2017 so that Mr McConnell could be legally recognised as male. In January 2018, he gave birth to a son, who continued to be known as YY in this appeal. When registering the child’s birth, Mr McConnell was informed that he had to be recognised as the child’s mother on the birth certificate. He sought judicial review of this decision, claiming that he should be recognised as ‘father’, ‘parent’ or ‘gestational’ parent, and that being recognised as ‘mother’ interfered with his and YY’s rights under Article 8 and Article 14 of the European Convention on Human Rights. A declaration of parentage, that Mr McConnell is the father, was also made on behalf of YY, under section 55A of the Family Law Act 1986.’

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Transparency Project, 10th May 2020

Source: www.transparencyproject.org.uk

Campaigners given permission for legal challenge over guidance from council on transgender issues in schools – Local Government Lawyer

‘The High Court has granted a campaign group permission for a judicial review challenge over Oxfordshire County Council’s guidance on transgender issues in schools.’

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Local Government Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

Transgender man loses appeal court battle to be registered as father – The Guardian

‘A transgender man who gave birth has lost his appeal court battle to be registered as a father in a case that wrestled with the legal definition of motherhood and transgender rights.’

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The Guardian, 29th April 2020

Source: www.theguardian.com

The Maya Forstater case and so-called ‘gender critical’ feminism: what was actually decided and what does it reveal about UK discrimination law? – Oxford Human Rights Hub

‘In Forstater v CGD (2019), a think tank did not renew its contract for consultancy services with the claimant, Maya Forstater, allegedly because of Forstater expressing so-called ‘gender critical’ beliefs. Forstater claimed that she had suffered direct discrimination for having a protected belief under section 10 of the Equality Act 2010. In a preliminary decision, the employment tribunal considered whether the claimant’s belief was indeed protected. Tayler J identified the core of the claimant’s belief to be that sex is biologically immutable and, in no circumstances, is a trans woman ‘a woman’ or a trans man ‘a man’, even when the person in question has a Gender Recognition Certificate under the Gender Recognition Act 2004 (paragraph [77]). Due to the belief’s ‘no circumstances’ aspect, the judge labelled it ‘absolutist’ ([84]).’

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Oxford Human Rights Hub, 22nd March 2020

Source: ohrh.law.ox.ac.uk

Hammer-wielding trans woman escapes prison after judge hears there was no way to confirm her gender – Daily Telegraph

‘A trans woman who threatened shop staff with a claw hammer escaped prison after a court heard there was no way to confirm her gender.

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Daily Telegraph, 27th February 2020

Source: www.telegraph.co.uk

A “Cardinal Democratic Freedom”: High Court rules police’s action “Orwellian” in a victory for freedom of expression – Monckton Chambers

‘On 14 February 2020, the High Court (Mr Justice Julian Knowles) held that Humberside Police had disproportionately interfered with the rights of free speech of the Claimant, Harry Miller, under Article 10 of the European Convention on Human Rights (“ECHR”).’

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Monckton Chambers, 21st February 2020

Source: www.monckton.com

Twitter, trans rights and the role of the police — an extended look – – UK Human Rights Blog

‘The case of R (Miller) v The College of Policing & The Chief Constable of Humberside [2020] EWHC 225 (Admin) is yet another decision arising out of an individual’s use of Twitter to share transphobic, or as they see it “gender critical”, views.’

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UK Human Rights Blog, 21st February 2020

Source: ukhumanrightsblog.com

Of Tweeting and Transgender Rights – Panopticon Blog

‘Over the years, Panopticon has discussed a number of cases about the powers of the police to record, retain, and disseminate information about individuals. The judgment of Mr. Justice Julian Knowles in R (ota Harry Miller) v (1) The College of Policing, and (2) The Chief Constable of Humberside [2020] EWHC 225 (Admin) is a significant contribution to the law in this area. In Panopticon terms the case is unusual, in that the issues are discussed by reference to the right to freedom of expression under Article 10 of the European Convention on Human Rights (“ECHR”), rather than by reference to Article 8 or data protection legislation.’

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Panopticon Blog, 17th February 2020

Source: panopticonblog.com

Police who warned man about ‘transphobic’ tweet acted unlawfully – The Guardian

Posted February 17th, 2020 in freedom of expression, hate crime, internet, news, police, transgender persons by sally

‘Police officers unlawfully interfered with a man’s right to freedom of expression by turning up at his place of work to speak to him about allegedly “transphobic” tweets, the high court has ruled.’

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The Guardian, 14th February 2020

Source: www.theguardian.com

Gender reassignment treatments for young people to get expert review – The Guardian

Posted February 3rd, 2020 in children, consent, gender, medicines, news, statistics, transgender persons, young persons by sally

‘The use of hormone treatments for young people who want to undergo gender reassignment is to be examined by experts, it has emerged.’

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The Guardian, 2nd February 2020

Source: www.theguardian.com

Contact, Ultra-Orthodox Judaism, and a Transgender Parent – Transparency Project

Posted January 29th, 2020 in children, contact orders, Judaism, news, transgender persons by sally

‘Readers of the blog may well recall the case concerning five Charedi Jewish children at the centre of a family dispute. The children’s father is transgender and left the family home in June 2015 to live as a transgender person. She now lives as a woman. The children’s father sought face to face contact with the children. The childrens’ mother opposed the application.’

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Transparency Project, 28th January 2020

Source: www.transparencyproject.org.uk

Be Careful What You Tweet For (part 2) – UK Human Rights Blog

‘The Claimant’s belief in Forstater – that “sex is biologically immutable” — denied trans people their legal right to be recognised as the sex they had transitioned to even when they had obtained a Gender Recognition Certificate. This right has been recognised for over a decade by the European Convention on Human Rights (“the Convention”) and by domestic law in the Gender Recognition Act 2004. The Claimant’s belief — in the words of Judge Tayler — also violated the dignity of trans people and created an “intimidating, hostile, degrading, humiliating or offensive environment” for them.’

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UK Human Rights Blog, 24th January 2020

Source: ukhumanrightsblog.com

Be Careful What You Tweet For (part 1) – UK Human Rights Blog

‘Forstater v CGD Europe & Others [2019] UKET 2200909/2019. Last month, the Central London Employment Tribunal held that a woman’s belief that “sex is biologically immutable” was not protected as a philosophical belief under the Equality Act 2010.’

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UK Human Rights Blog, 23rd January 2020

Source: ukhumanrightsblog.com

Former transgender patient will tell court that sex change clinic is putting children on ‘torturous’ path – Daily Telegraph

Posted January 23rd, 2020 in children, consent, hospitals, medical treatment, news, transgender persons by tracey

‘A former transgender patient has mounted an unprecedented legal challenge against a sex change clinic she claims is putting children on a “torturous”, “permanent” and “unnecessary path, High Court documents reveal.’

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Daily Telegraph, 22nd January 2020

Source: www.telegraph.co.uk

Transgender woman ends bid to see her ultra-Orthodox Jewish children – The Guardian

Posted January 21st, 2020 in children, contact orders, Judaism, news, transgender persons by sally

‘An ultra-Orthodox Jew who left her community to transition from male to female has abandoned a family court fight to see her five children.’

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The Guardian, 20th January 2020

Source: www.theguardian.com

What would ‘mother’ say? A legal digest of R v Registrar General for England and Wales – KCH Garden Sq

‘The latest article from Family & Civil pupil Samuel Peake looks at how the term ‘mother’ was defined for the first time in common law earlier this year by the President of the Family Division, Sir Andrew McFarlane.’

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KCH Garden Sq, 12th December 2019

Source: kchgardensquare.co.uk

Employment and Discrimination Newsletter – January 2020 – 3PB

‘Craig Ludlow edits 3PB’s latest Employment & Discrimination newsletter, including contributions from Andrew MacPhail and Daniel Brown.’

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3PB, 6th January 2020

Source: www.3pb.co.uk

Nurse launches legal test case with claim children cannot consent to transgender treatment – Daily Telegraph

Posted January 7th, 2020 in children, consent, judicial review, medical treatment, news, transgender persons by sally

‘Children cannot consent to transgender treatment, a nurse bringing a landmark legal case has said, claiming that many are autistic, homosexual or just confused.’

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Daily Telegraph, 6th January 2020

Source: www.telegraph.co.uk