Landmark cases over four decades
Foy -v- An t-Ard Chlaraitheoir & Ors [2007] IEHC 470
Dr Lydia Foy is a male-to-female transgendered person seeking to amend her birth certificate to recognise her "acquired" gender. She had managed to obtain some official documents, e.g. a driving licence and later a passport, in her female name and gender but she was still legally a male and suffered embarrassment and humiliation whenever she was asked to produce her birth certificate as proof of her age or date of birth. She tried to obtain a new birth certificate both for practical reasons and as recognition of her 'new' gender and identity but was refused by the Registrar of Births.
FLAC represented Dr. Foy as she argued for a certificate reflecting her true status. After 10 years of litigation, the High Court issued a Declaration of Incompatibility with the European Convention on Human Rights in October 2007. This was the first time such a declaration has been made by the Irish courts.
FLAC welcomed the judgment and called on the Government to take immediate steps to provide legal recognition for transgendered people. Unfortunately, the government has not accepted the High Court ruling and is currently appealing the matter to the Supreme Court. (You can read a briefing note on the Foy case online.)
Cotter and McDermott v. Minister for Social Welfare and Attorney General [1991] ECR I-1155
Until 1986, Ireland's social welfare policy had discriminated against married women. Married men were the automatic recipients of child benefit and received higher rates of welfare payment based on a presumption that their wives were dependent on them. For a married woman to receive these payments, they had to prove their spouse was incapable of supporting themselves. In 1984 an EC Directive obliged Ireland to remove these practices of sex discrimination, but they did not do so until 1986.
Represented by FLAC, Ann Cotter and Norah McDermott took a case arguing their entitlement to back-payments during the two year period where Ireland's discriminatory policy was in breach of EC Law. Their successful outcome had far reaching consequences, making it possible for 69,000 women to claim their entitlements.
Airey v. Ireland [1979] 2 E.H.R.R. 305
Johanna Airey was seeking legal separation from her husband, but could not afford the legal fees charged by solicitors. As there was no provision in Ireland for civil legal aid in family or any other matters, she was unable to afford the high cost of legal representation for those proceedings in the High Court.
FLAC acted as amicus curiae when Mrs. Airey ultimately took her case against the Irish government to the European Court of Human Rights. Represented by then-Senator Mary Robinson, She complained that Article 6(1) of the European Convention of Human Rights and Fundamental Freedoms guaranteed a right of access to the courts and that, given the prohibitive costs of obtaining a judicial separation, and the lack of any state subsidy, this right had been infringed. The European Court of Human Rights accepted her argument and found that it would be unreasonable to expect a person untrained in the law and procedures associated with judicial separation in Ireland to effectively present their own case.
The result of this ruling ultimately led the State to set up a Civil Legal Aid Scheme to assist people of limited means get representation and advice on legal matters.