European Court of Justice (ECJ) cases
Richards v Secretary of State for Work and Pensions
On the 27th April 2006, European Court of Justice ruled that a British transsexual woman was discriminated against when she was treated as a man and refused a state pension. The case has important implications for other transsexual women in the UK, who may be able to claim backdating of their pensions.
- Richards case: PFC analysis by Stephen Whittle
- Richards case: judgment of the European Court of Justice (external link)
K.B. v NHS Pensions Agency
The female partner of a trans man went to court to try to secure her right to marry him in order that he could inherit her pension if she died. The Court of Appeal referred the case to the European Court of Justice, which ruled in principle in favour of the applicant.
- X v NHS Trust Pensions Agency: trans man not entitled to partner’s pension (Employment Appeal Tribunal, 1999)
- ECJ Advocate General: K.B. v NHS Pensions Agency — full text of the recommendation of the Advocate General (2003-06-10)
- ECJ: K.B. v NHS Pensions Agency — full text of the judgment of the European Court of Justice (ECJ) (2004-01-07)
P v S
The landmark case of P v S and Cornwall County Council, in which a Press For Change activist secured employment protection for transsexual people throughout the European Union.
- Jumping the hurdles of Gender : Transsexuals finally make legal headway — review of the Advocate-General’s recommendation
- Victory in the European Court of Justice — review of the Court’s decision
- The ECJ recommendation — recommendation of the Advocate General
- Report of the proceedings — full record of the proceedings before the European Court of Justice, including full text of the judgment (82Kb)
- Dinner in Cornwall — P explains how it all began.
- Living Truth — P explains the issues
- Appeal
- The EEC Equal Treatment Directive 1976: the crucial outcome of P’s case was the ruling that the ETD does apply to trans people