Legal Recognition of Preferred Gender Identity in Ireland: An analysis of Proposed Legislation

June 21st 2010 was a historic day in Irish law. The State dropped its appeal to the Supreme Court in the series of Foy cases. This activated the first ever declaration that Irish law is incompatible with Ireland’s obligations under European human rights law. This chapter will examine the question of the legal recognition of the preferred gender identities of trans and intersex people before the Irish Courts. In particular it will analyse the impact which the developing of discourse on the matter in the context of international and regional human rights has had on the question in the Irish context. Flowing from the Foy cases, the Government committed to the introduction of legislation addressing this issue. This chapter will analyse the report of the Gender Recognition Advisory Group to ascertain, and offer critique where necessary, of the potential legislative framework for gender recognition in Ireland.