Ireland: UK Supreme Court “woman” definition does not change Irish law

UK Supreme Court’s definition of “woman” doesn’t affect Irish law, as Ireland’s Gender Recognition Act 2015 protects transgender rights, following European human rights rulings.

The key points: The UK Supreme Court has ruled that, for UK equality law, a woman is defined as a biological female at birth. However, this does not affect Irish law, which recognises gender identity under the Gender Recognition Act 2015, following European human rights rulings.

Why this matters: The ruling has caused concern among trans advocacy groups in the UK, but Ireland’s legal framework is completely separate. It remains unchanged and its Gender Recognition Act supports the rights of transgender individuals. Employers should be aware of these distinctions.

What might happen next: There may be further debate in both jurisdictions about the legal status of trans people, particularly regarding access to public spaces and services. However, no immediate changes are expected to Irish law.

Rachel Barry from Matheson has written a briefing paper on this topic.

Key extract from that paper:

Nearly 20 years ago, the High Court declared that Irish legislation at the time on the registration and issue of birth certificates was incompatible with the European Convention on Human Rights. This case was taken by Dr Lydia Foy following a decision taken by the Registrar General's refusal to issue a new birth certificate in her new gender. In the final paragraph of that judgment, the High Court concluded that:

"Everyone as a member of society has the right to human dignity, and with individual personalities, has the right to develop his being as he sees fit; subject only to the most minimal of State interference being essential for the convergence of the common good. Together with human freedom, a person, subject to the acquired rights of others, should be free to shape his personality in the way best suited to his person and to his life."

Arising out of this, Ireland took steps to ensure that transgender people in Ireland had the ability to have their preferred gender legally recognised by the State. This right is now set out in the Gender Recognition Act 2015.