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United Kingdom and Northern Ireland

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69
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Country
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1005

Gender Recognition Act 2004

This Act allows people who are at least 18 years old to apply for a legally registered change of gender. In addition to age, the Act requires that the person have gender dysphoria, have "lived in the acquired gender" for at least two years, and intends to maintain their gender identity "until death." The applicant must provide a report from a registered medical or psychological professional regarding the applicant's gender dysphoria.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

Under section 15 of the Human Trafficking and Exploitation Act, it is an offence to obtain sexual services from a person for payment or the promise of payment.  The Act does not make it an offence to sell sexual services, however. The Act also prohibits forced marriage (Art. 16). The Act requires the government to provide assistance to victims of trafficking and support to those who want to exit sex work (“prostitution”) (Art. 18). Committing any prohibited offence against a child is an aggravating factor (Art. 6(1)).

In the matter of an application by the Society for the Protection of the Unborn Children ("SPUC") (for Judicial Review)

The High Court of Justice of Northern Ireland granted in part an application for judicial review brought by the Society for the Protection of Unborn Children for an order quashing the Department of Health, Social Services and Public Safety’s publication “Guidance on the Termination of Pregnancy: The Law and Clinical Practice in Northern Ireland” and the lower court’s declaration that the Department’s decision to publish the Guidance was unlawful. The Court ordered the guidance withdrawn for reconsideration.

Johnston v. Chief Constable

A new regulation was instituted that women in the Royal Ulster Constabulary would not be given firearms to carry or trained in them. Johnston was a police officer who filed a complaint of sexual discrimination. The Court recognizes that the policy was instituted by the Chief Constable to protect women from risks and that it is up to a national tribunal to determine whether this type of action meant for public safety is allowed in light of Directive 76/207.

JR, Re Judicial Review [2016] NICA 20

The High Court of Northern Ireland let stand a permanent ban on blood donation by any man who had engaged in same-sex sexual acts, despite the fact that other parts of the UK allow donations from men who had been celibate for at least a year.  The High Court found no evidence of “apparent bias” in the ban, rather that it was based on an objective analysis of precautionary principles.

L.R. v. United Kingdom

The applicant is an Albanian national who was abducted and brought into the UK where she was forced to work as a prostitute. She escaped and requested asylum for fear of retribution from her abductor if she returned to Albania. Her request for asylum was rejected by the UK government and she complained that her removal was in violation of Articles 2, 3, 4, and 8 of the Convention. The UK did grant her application though, so the issue was resolved without having to consider whether there was a violation of the Convention.

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