The Government is to consider making an ex gratia payment to Lydia Foy, who fought a 14-year legal battle to secure official recognition as a woman, despite being born with male physical characteristics and having lived her early life as a man.
The Cabinet yesterday agreed that a payment might be appropriate in the case of Dr Foy, whose efforts have prompted the Government to promise the introduction of laws recognising the acquired gender of transgender people.
On the recommendation of the Minister for Social Protection, Joan Burton, an adviser is to be appointed to assess what level of compensation might apply in her case. The matter will then return to Cabinet for a final decision.
It is understood Ms Foy has sought compensation under a provision of the European Convention on Human Rights Act 2003 on the basis that she won her case against the Government on an important point of law.
In the case taken by Dr Foy, the High Court ruled that the failure to provide recognition contravened the convention. An advisory group subsequently recommended changes to the law, which Ms Burton plans to introduce shortly.
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