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Balancing interests When rights clash

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Human rights The path to Strasbourg

The path to Strasbourg

Gregory Dallas outlines how a specific human rights case has passed through the UK courts, and examines whether it would be eligible for consideration in the European Court of Human Rights

This article is relevant to AQA Paper 3b, OCR Component 3, WJEC A-level Units 3 and 4, and Eduqas Components 2 and 3.

The case of McConnell and YY v Registrar General for England and Wales (2020) concerns a British man who feels his Article 8 rights have been violated. Mr McConnell is a transgender man who began his medical transition with testosterone therapy in 2013 and underwent a double mastectomy in 2014. In January 2017, he issued an application under the Gender Recognition Act 2004 (GRA) to obtain a gender recognition certificate confirming that he was male. This was subsequently issued on 11 April 2017. The legal effect of the certificate means the gender of the person to whom it relates ‘become[s] for all purposes the acquired gender’. This allowed Mr McConnell to change his birth certificate, passport and NHS records so he is legally recognised as a man.

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Balancing interests When rights clash

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Tort law Remedies in nuisance

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