THE LEGAL
STUFF
Human Rights Act 1998
The Human Rights Act 1998 also provides rights of privacy and
fairness, as well as the right not to suffer discrimination or
degrading treatment, and the right to freedom of
expression.This legislation essentially protects our right to life,
setting out the freedoms that everyone in the UK is entitled to,
including trans people. Your human rights covered within this
statute can be enforced in the UK courts against the State (the
government), and any government agencies or public
authorities.
Article 14 particularly protests us from discrimination, whether
it is indirect or direct discrimination. If a trans person is treated
less favourably due to their gender identity, then they are
protected under this right. If there is a policy or rule in place
that is to apply to everyone, but has a different disadvantaged
effect on trans people, then those people are protected under
this right. So, it also occurs if you are treated differently which
has led to being disadvantaged.
Article 8 protects our right to respect for private life, family life,
your home and your correspondence. Correspondence
includes the emails you receive, any letters, telephone calls
etc. This includes the right to autonomy, and the
determination of our own life, and being in control of that. This
would then encompass the right of respect for your gender
identity or sexuality.
Written by Elio Yague (They/He) and Oge Obioha
(She/Her) from Trans Legal Clinic