Article 8 and the realisation of the right to legal gender recognition

This chapter will trace the emergence of the willingness to vindicate the right to legal gender recognition under Article 8 ECHR first acknowledged in Van Oosterwijck v Belgium [1980] ECHR 7. It will examine the more recent explicit statements from Council of Europe bodies on the most rights respecting manner in which to ensure such recognition. Through this lens, the debate surrounding the introduction of gender recognition legislation in Ireland shall be examined. In particular, the chapter will interrogate the efficacy of the Declaration of Incompatibility handed down by the High Court in Foy v An tArd Chlaraitheoir (No 2) (2007) IEHC 470 in light of the extended delay in the publication of such a legislative scheme.