Visit JCPCUKSC/2020/0081
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PUBLIC LAW/HUMAN RIGHTS
R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent)
Case summary
Case ID
UKSC/2020/0081
Parties
Appellant(s)
Christie Elan-Cane
Respondent(s)
Secretary of State for the Home Department
Issue
Whether the Court of Appeal was wrong in its conclusion that Her Majesty’s Passport Office’s Policy that (i) an applicant for a passport must declare their gender/sex as being either male or female and (ii) a passport will only be issued bearing a male ("M") or female ("F") indicator in the gender/sex field on the face of the passport and will not be issued with an "unspecified" ("X") gender marker does not unjustifiably breach articles 8 and 14 of the European Convention on Human Rights ("ECHR").
Facts
The Appellant was born female but underwent several operations that were successful in achieving the desired status of "non-gendered." From 1995 onwards the Appellant has been in contact with Government Departments to seek to persuade the Government that a passport should be issued to the Appellant without the necessity of making a declaration of being either "male" or "female". This could be achieved by a third box being added to the passport application form allowing a person to mark that box with an "X" indicating gender "unspecified". The Government refused to do so but conducted internal reviews to consider whether policy change was required. Its position throughout the proceedings has been that the current passport policy should not be considered in isolation, but as a part of a more fundamental review, which has begun but has not yet been completed. The Appellant filed judicial review proceedings challenging the Government’s passport policy. The judicial review was dismissed by the High Court and Court of Appeal. The Appellant appeals to this court.
Date of issue
6 April 2020
Judgment appealed
Judgment details
Judgment date
15 December 2021
Neutral citation
[2021] UKSC 56
Judgment links
Judgment summary
15 December 2021
Appeal
Justices
Hearing dates
Full hearing
Start date
12 July 2021
End date
13 July 2021
Watch hearings
12 July 2021 - Morning session
12 July 2021 - Afternoon session
13 July 2021 - Morning session
13 July 2021 - Afternoon session
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Last updated 16 April 2024