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Family Law

The leading authority on all aspects of family law

27 APR 2006

HUMAN RIGHTS/PENSIONS: Richards v Secretary of State for Work and Pensions (Case C-423/04)

(European Court of Justice; 27 April 2006) [2006] The Times May 5

The claimant, who had undergone a male to female gender reassignment, sought payment of the retirement pension at the age of 60, which was the retirement age for women. The UK Government refused to pay the claimant a pension until the retirement age for men, which was 65 years. The decision was reached before the Gender Recognition Act 2004 came into effect, therefore a gender recognition certificate had not been issued and could not in any event assist, having no retrospective application.

The decision was discrimination contrary to EU law, amounting to unequal treatment arising from gender reassignment.

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