No: 19 Lydia Foy V Ireland 2007

October 19, 2007 was a pivotal moment in trans history in Ireland. It was a moment that the trans community began to believe, a moment when we could hope, a moment when we could dare to dream. And most of all, it laid the cornerstone for the campaign in 2015 that resulted in a progressive, world-leading, Gender Recognition Act, based upon self-determination.

It was the day that the High Court gave judgment in the Dr Lydia Foy case, holding that there remained no remedy under Irish law for Dr Foy to secure her rights and granted a declaration that Irish law was incompatible with the European Convention on Human Rights because of its failure to provide for legal recognition of transgender persons.

Disappointed that I couldn’t attend, I waited for news from those who went to support Lydia. The news filtered out eventually; news that would create so many firsts. 14 years after commencing her battle, Dr Foy’s case was the first to result in a declaration of incompatibility with the European Convention on Human Rights in Ireland under the recently enacted ECHR Act 2003. It was the first day I saw Dr Lydia Foy smile. Personally, it was the day I first felt respected as a citizen of my country. It vindicated everything I felt about myself and my community and gave me hope that one day soon, we would be respected for who we are.

Trans rights are far from perfect. There are so many more areas of Irish society where trans people are disrespected, marginalised, discriminated against and misunderstood. The 2015 Gender Recognition Act is currently being reviewed and, hopefully, improved. This is potentially very positive, but we also we need improvements in many other areas, including an expansion of the grounds for discrimination to include gender identity and gender expression; new guidelines for schools; more education for our employers; and, most of all, our current healthcare system must be fully funded and based on a model of informed consent, valuing the trans person’s wishes and creating a pathway for respectful healthcare.

We must continue the fight.

The Hon. Mr. Justice William McKechnie’s final summation on October 19, 2007, is, even today, inspirational and speaks to the heart of respect which should be afforded to every citizen.

“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.”

We continue to hope.