The role of common sense in human rights rulings

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The role of common sense in human rights rulings
Guardian UK
By Rupert Myers
28 June, 2010


http://www.guardian.co.uk/commentisfree/libertycentral/2010/jun/28/transsexual-woman-pension-ruling 🔗


The story this week of Christine Timbrell, who spent the first five decades of life as Christopher Timbrell before undergoing gender reassignment surgery in 2000, is the sort of case for which the Human Rights Act was created. Timbrell wanted to claim her pension at the age of 60, but HM Revenue & Customs refused. Under the 2004 Gender Recognition Act, as a transsexual she could only have her new gender status recognised if her happy marriage to Joy Timbrell was annulled or dissolved. They would then be able to enter a civil partnership, and continue to live as a family with their two children.

Trimbell saw no reason to be forced by the government to divorce or annul. There are two manifest injustices in the legislation.