?

Log in

No account? Create an account
CHRISTIE ELAN-CANE
NON-GENDERED
Fighting for legal and social recognition outside the gendered societal structure



‘X’ PASSPORTS: JUDICIAL REVIEW FULL HEARING

Mr Justice Jeremy Baker, presiding judge, has reserved his decision on the case. I understand this is normal procedure for judicial review cases and that notification of an outcome will most probably be in written form rather than a further hearing. I’ve not been given a date however am advised that decisions in such cases can typically take two months.

I have necessarily not made direct reference to legal arguments due to the fact that proceedings are ongoing as the court weighs up the arguments before reaching a decision.

Wednesday 18 April 2018

The first day saw my legal counsel Kate Gallafent QC [Blackstone Chambers] present evidence on my behalf as the Claimant in this case. With no exaggeration, Kate was truly phenomenal and made a number of compelling points throughout the day. Kate was assisted by Tom Mountford and Clifford Chance solicitors.

My counsel and all past and present members of my legal team have offered their services on a pro bono basis from the time Clifford Chance responded to my approach in June 2013.

Home Office representatives were in attendance and sitting along from me, my partner and other members of the Clifford Chance team. The Defendant was represented by James Eadie QC [also from Blackstone] and government lawyers.

We were informed early in proceedings that the Defendant had dropped its earlier objection to intervention by global organisation Human Rights Watch [HRW]. I can now report that HRW had applied to intervene in support of my Claim.

I was positive at the end of the day that no one could have done more than my legal team to present a case for the issuance of ‘X’ Passports that surely appears to non-judgemental observers as logical and entirely reasonable.

Thursday 19 April 2018

The second day began with Kate continuing to present evidence on my behalf.

Then came the moment I had dreaded when counsel for the Defendant [the Secretary of State for the Home Department] stood up. It was not easy, thoroughly degrading in fact, to have to listen to arguments being made by my own Government that I, and others in my position, should not be subject to fair and equal treatment. What I can say is that the UK Government’s determined opposition to ‘X’ Passports remains unchanged.

The day was rescued in the afternoon when Kate presented our response to the Defence argument.

The site will be further updated in due course.

There was much interest in the case from the media with news coverage from around the world. The coverage, I am pleased to report, was generally good. And coverage was more balanced in cases where news outlets were judgemental about ‘X’ Passports and the surrounding issue in the past.

Here are some of the articles published last week. Click on the text to open the article.

THOMSON REUTERS FOUNDATION
THE WASHINGTON POST
THE GUARDIAN
THE INDEPENDENT
THE DAILY MAIL
THE DAILY EXPRESS [TRAVEL SECTION]

PS. I would strongly advise anyone affected by this issue and of a sensitive disposition not to read comments where comments are permitted on these articles. And I’d like it known that I am not affected in the slightest by the opinionated, overtly unpleasant and ultimately pointless rantings of ignorant and pathetic individuals with nothing better to do.

I do expect the case to be more widely reported when the decision is announced.

Twitter @ChristieElanCan


CAMPAIGNING UPON A PRINCIPLE OF LEGITIMATE IDENTITY AS A FUNDAMENTAL HUMAN RIGHT


The denial of existence is the worst act of discrimination by the gendered majority against the non-gendered
CHRISTIE ELAN-CANE
NON-GENDERED
Fighting for legal and social recognition outside the gendered societal structure



‘X’ PASSPORTS: JUDICIAL REVIEW FULL HEARING

HEARING SCHEDULED 18-19 APRIL 2018
THE ROYAL COURTS OF JUSTICE ON THE STRAND

HM Government’s discriminatory policy is subject to judicial review in the latest stage of my ongoing fight for ‘X’ PASSPORTS in the UK

THE ARCHIVE SECTION OF THIS SITE DOCUMENTS THE LONG JOURNEY TO GET THIS FAR AS THE GOVERNMENT HAD DETERMINED THAT, AS A NON-GENDERED PERSON, I SHOULD BE TREATED AS A NON-PERSON WITHOUT ACCESS TO CIVIL RIGHTS AND FUNDAMENTAL HUMAN RIGHTS THAT MOST PEOPLE CAN TAKE FOR GRANTED


MY CAMPAIGN CALLS FOR THE LEGAL AND SOCIAL RECOGNITION OF MY NON-GENDERED IDENTITY – DEMANDING EQUALITY AND SOCIAL LEGITIMACY FOR ALL HUMAN BEINGS WHO DO NOT AND CANNOT DEFINE WITHIN A GENDERED PERIMETER OF MALE/FEMALE


CAMPAIGNING UPON A PRINCIPLE OF LEGITIMATE IDENTITY AS A FUNDAMENTAL HUMAN RIGHT

The site will be further updated ASAP after the judicial review hearing with implications moving forward and links to relevant media coverage …………..

THE STORY SO FAR …………
GAY STAR NEWS [10/04/18]
THOMSON REUTERS [17/04/18]

FOLLOW ME FOR UPDATES OVER THE HEARING PERIOD …………
Twitter @ChristieElanCan


Legitimate Identity is a Fundamental Human Right

The denial of existence is the worst act of discrimination by the gendered majority against the non-gendered
CHRISTIE ELAN-CANE
NON-GENDERED
Fighting for legal and social recognition outside the gendered societal structure




'X' PASSPORTS IN THE UK

HM GOVERNMENT’S DISCRIMINATORY PASSPORT POLICY IS – FOR THE FIRST TIME – TO BE CHALLENGED IN A COURT OF LAW

MY JUDICIAL REVIEW CLAIM AGAINST THE UK HOME OFFICE IS SCHEDULED FOR FULL HEARING ON 18-19 APRIL AT LONDON’S ROYAL COURTS OF JUSTICE

THE ARCHIVE SECTION OF THIS SITE DOCUMENTS A LONG AND ARDUOUS JOURNEY TO GET THIS FAR AS THE GOVERNMENT HAD DETERMINED THAT, AS A NON-GENDERED PERSON, I SHOULD BE TREATED AS A NON-PERSON WITHOUT ACCESS TO CIVIL RIGHTS AND FUNDAMENTAL HUMAN RIGHTS THAT MOST PEOPLE CAN TAKE FOR GRANTED

The case was given permission to go ahead in a short hearing at the RCJ last October. The fight for ‘X’ Passports had overcome what could have been a significant legal hurdle and reported around the world ………….

Guardian article dated 11 October 2017

MY CAMPAIGN, AN ONGOING FIGHT FOR THE LEGAL AND SOCIAL RECOGNITION OF MY IDENTITY – WITH LEGITIMACY AND SOCIAL EQUALITY FOR ALL HUMAN BEINGS WHO DO NOT AND CANNOT DEFINE WITHIN A GENDERED PERIMETER OF MALE OR FEMALE – IS FOUNDED ON A PRINCIPLE OF LEGITIMATE IDENTITY AS A FUNDAMENTAL HUMAN RIGHT

Twitter @ChristieElanCan - for latest updates


Legitimate Identity is a Fundamental Human Right

The denial of existence is the worst act of discrimination by the gendered majority against the non-gendered

Feb. 27th, 2018

CHRISTIE ELAN-CANE
NON-GENDERED
Fighting for legal and social recognition outside the gendered societal structure



‘X’ PASSPORTS IN THE UK

In just under two months’ time the UK Government’s discriminatory passport policy will be the subject of a judicial review at the Royal Courts of Justice in London during a two-day hearing that is scheduled to begin on Wednesday, 18 April 2018.

The legal case I am bringing against the UK Home Office represents a significant milestone in my ongoing fight to have my NON-GENDERED IDENTITY recognised on my personal identity documentation and that my identity is acknowledged and respected in all aspects of my life.

I aspire to achieve legitimate identity that most people can take for granted as I aspire to regain privileged civil rights that society reserves for the gendered majority.

My overriding need to not compromise on the validation of my identity meant that I was forced to relinquish many basic civil rights that I’d not regarded as privileges prior to my disclosure but which I now recognise as privileged rights that are both precious and elusive.

The right to legitimate identity is however the most fundamental of all human rights.

The fundamental right to legitimate identity is no less significant than the right to life itself.

I’ve been engaged in this battle for more than 25 years and what began as a desperate bid for survival within the gendered societal structure metamorphosed into a personal campaign that involved interaction with politicians and the UK Government whilst I was reaching out to agencies and individuals in other parts of the world.

I’ve witnessed a great deal of change over the years as a number of countries have changed their national policies and slowly edged towards recognition and essential provision for citizens whose identities are neither male nor female.

The UK Government has, by contrast, steadfastly refused to address the issue despite that measures to advance LGB and [to a much lesser extent] T equality were delivered over the last decade.

The symbolism of the passport as a key identity document, the provision afforded by the ICAO worldwide governing body and the recognition of non gender-specific ‘X’ by other countries’ national governing administrations propelled ‘X’ Passports as a key focal issue within the wider NON-GENDERED campaign.

The commencement of legal action against the UK Government was the only option that remained open for me after engagement through the political process was exhausted and had ultimately failed. It was evident there was no intention on the Government’s part to do anything to address the extraordinary plight of citizens who are denied legitimate identity and condemned to a life of social invisibility, compromise and fear.

I am ably represented by Kate Gallafent QC and Tom Mountford of Blackstone Chambers and my legal team at Clifford Chance. All are working in a pro bono capacity.



EDM 175, tabled by Norman Lamb MP [Liberal Democrat: North Norfolk] is the sixth motion tabled by MPs in five consecutive parliamentary sessions that call upon the UK Government to change its discriminatory policy on the issuance of non gender-specific ‘X’ Passports.

MPs across the entire political spectrum had their consciousness raised in regard to the need for ‘X’ Passports within the context of the wider issue through the tabling of Early Day Motions [EDMs] that MPs were strongly encouraged to sign.

Therefore, despite that EDMs have no executive powers, it is important to register as many signatures as possible [no definitive number but generally assumed to be not less than 100] in order that the issue can be selected for parliamentary debate.

The EDMs continue to gather a great deal of support from within the parliamentary arena.

All MPs are urged to add their signatures to EDM 175 in support of ‘X’ Passports in the UK.

I must add that I find it distasteful that my fundamental human right to have my identity recognised by others should be the subject of debate – and I do not hold that there has to be a ‘’conversation’’ as is so often reported – however there was a time not so long ago when I was grateful to see the issue acknowledged by anyone in public life. Anyone at all.

When the parliamentary debate is called I can foresee the recognition of human identity outside the gendered societal structure being rightly perceived as a legitimate human rights issue whose passage into law is long overdue.


GAY STAR NEWS VIDEO FEATURE

Gay Star News recently featured the campaign as my legal team and I prepare for the full judicial review hearing. Feature and accompanying video can be viewed HERE


Legitimate Identity is a Fundamental Human Right

THE FIGHT GOES ON


The denial of existence is the worst act of discrimination by the gendered majority against the non-gendered

Twitter @ChristieElanCan - for latest updates

Jan. 5th, 2018

CHRISTIE ELAN-CANE
NON-GENDERED
Fighting for legal and social recognition outside the gendered societal structure




GAY STAR NEWS VIDEO FEATURE

Gay Star News video feature on my campaign and my ongoing legal case can be found HERE



‘X’ PASSPORTS: JUDICIAL REVIEW

My legal case against the UK Home Office will be heard at the Royal Courts of Justice in the Strand on 18 and 19 April 2018. Further details can be found HERE

I am represented by Kate Gallafent QC and Tom Mountford of Blackstone Chambers and my legal team at Clifford Chance. All are working in a pro bono capacity.



All MPs are urged to add their signatures to EDM 175 in support of ‘X’ PASSPORTS in the UK.


THE FIGHT GOES ON

Twitter @ChristieElanCan - for latest updates


Legitimate Identity is a Fundamental Human Right

The denial of existence is the worst act of discrimination by the gendered majority against the non-gendered
CHRISTIE ELAN-CANE
NON-GENDERED
Fighting for legal and social recognition outside the gendered societal structure




‘X’ PASSPORTS: JUDICIAL REVIEW FULL HEARING DATES

On 18 and 19 April 2018 there will be a full hearing in London for the judicial review of the UK Government’s policy in regard to the issuance of non gender-specific ‘X’ Passports.

The hearing will take place at the Royal Courts of Justice in the Stand.

A High Court judge granted permission to take the case forward at an earlier hearing on 11 October 2017.

More information will follow in due course ……………………………………


The provision of ‘X’ Passports became a pivotal focal point for my campaign due to the importance of the passport as a recognised identity document in addition to its function as a travel document. That ‘X’ Passports already existed, are fully compliant in accordance with international standards, are issued in an ever increasing number of countries and must be recognised at other countries’ national borders had given me reason to believe that my Government would accept the need for their issuance in the UK. The UK Government resisted the need for ‘X’ Passports all the way and had left me with no option other than to bring a case for the judicial review of its discriminatory policy.

Anyone who is interested in the background to the case can find a chronological record of events and further information in the archive section of this site.

Twitter @ChristieElanCan - for latest updates

Legitimate Identity is a Fundamental Human Right

The denial of existence is the worst act of discrimination by the gendered majority against the non-gendered
CHRISTIE ELAN-CANE
NON-GENDERED
Fighting for legal and social recognition outside the gendered societal structure



‘X’ PASSPORTS: PERMISSION GRANTED FOR JUDICIAL REVIEW OF UK GOVERNMENT POLICY

As everyone must now be aware, on Wednesday 11 October 2017 permission was given by the High Court to take forward my case against the UK Government’s discriminatory passport policy.

The judicial review of the UK’s passport policy as applied to the exclusion of non gender-specific ‘X’ character [denotes the passport holder’s sex as ‘’unspecified’’] can now enter the substantive stage.

Wednesday’s ruling was significant because judicial review applications cannot be proceeded without permission.  While retaining a note of caution that the final outcome cannot be foreseen and that a successful outcome does not automatically lead to policy change I cannot describe how relieved I am that the legal challenge of current discriminatory policy can now finally move forward.

I was taken aback by the level of media interest in the case on the day.

There are too many news reports to list them all but here are some that appeared soon after the decision was announced. Click individual title for article ………………

The Guardian                                  
BBC News
The Evening Standard                  
Metro
PinkNews                                         
Gay Star News
Thomson Reuters                          
The Huffington Post

The decision and reporting on what had led to the legal challenge of the UK Government’s discriminatory passport policy was covered by news outlets from around the world.

Two days after the decision being announced I am still trawling through a mountain of messages [and have almost lost my voice] but I will respond to all journalist enquiries over the coming days. If you are a journalist and want to be alerted as the case progresses towards the next hearing then please send your name, email address and the name of the organisation you represent if applicable. I will add you to my media distribution list.

Finally, once more I want to thank Kate Gallafent QC and Tom Mountford of Blackstone Chambers and my legal team at Clifford Chance for enabling me to launch the case.

And thanks to everyone who’s sent encouraging messages of support over the last few days.

Twitter @ChristieElanCan - for latest updates

Legitimate Identity is a Fundamental Human Right

The denial of existence is the worst act of discrimination by the gendered majority against the non-gendered
 
CHRISTIE ELAN-CANE
NON-GENDERED
Fighting for legal and social recognition outside the gendered societal structure


‘X’ PASSPORTS IN THE UK

THE LEGAL CHALLENGE: JUDICIAL REVIEW PERMISSION APPLICATION

A reminder there will be a judicial review permission application hearing at the Royal Courts of Justice in London this coming Wednesday 11 October.

This is an extremely important event for anyone with an interest in changing the UK Government’s discriminatory passport policy. The hearing will determine whether the judicial review application lodged with the courts in July of this year can proceed to a full hearing.

I may have appeared over cautious and pessimistic when I announced the hearing date in my earlier post on 15 September but I did not, and still do not, want to raise false hopes that UK Government policy on ‘X’ Passports can be easily overturned. Throughout several years of political engagement I was offered much that turned out to be nothing at all and I was let down very badly on numerous occasions. I do not want to repeat the mistake of raising expectations only for those expectations to be dealt a crushing blow time and again. Past disappointments should not however lead to preconceived expectations this time around. Many politicians are now onside and the landscape has changed. The UK Government is generally regarded as out of step with policy change in this area being implemented in other countries.

This is the first legal challenge against the UK Government’s discriminatory passport policy administered by HM Passport Office. Despite my cautionary notes there is reasonable possibility that the case for ‘X’ Passports will be viewed favourably given there is evident and persistent inequality of treatment given towards UK passport holders who define as neither male nor female. The case must obtain permission to go to the substantive stage of judicial review. If permission is refused then there is a complicated appeal process that I will not go into right now.

Wednesday 11 October is a significant date that everyone should keep in their diaries.

I will update the site as soon as possible after the hearing. In the meantime …………………………



More than 40 MPs have added their signatures to EDM 175 since tabling by Norman Lamb MP last July. This is an excellent start given that most of the period from tabling until now has been in parliamentary recess [during which time signatures are not registered].

There is every reason to believe the target of 100+ signatures can be achieved within the current session, notwithstanding yet another general election call.

Again, urging all MPs who support this issue and have not signed the motion to reaffirm your support for ‘X’ Passports in the UK for people who do not associate with a particular gender.

If your MP is not on the list, then contact them without delay and urge them to sign EDM 175.

Twitter @ChristieElanCan - for latest updates


Legitimate Identity is a Fundamental Human Right

The denial of existence is the worst act of discrimination by the gendered majority against the non-gendered
 
CHRISTIE ELAN-CANE
NON-GENDERED
Fighting for legal and social recognition outside the gendered societal structure




‘X’ PASSPORTS IN THE UK

THE LEGAL CHALLENGE: JUDICIAL REVIEW PERMISSION APPLICATION HEARING DATE ANNOUNCED

I am pleased to inform that a hearing will take place on 11 October 2017 at the Royal Courts of Justice in the Strand, London.

The purpose of this hearing is that the court will decide upon whether permission should be granted for me to apply to the courts for judicial review of HM Passport Office’s discriminatory passport policy that is underpinned by the UK Government’s ongoing refusal to permit the issuance of non gender-specific ‘X’ Passports to UK citizens whose identities are neither male nor female.

It has taken a very long time to reach this stage. Those who have followed commentary on this site over many years are aware there is much history to the case. My decision to pursue change through legal avenues was due to the political process having been tried and exhausted as the UK Government evidently had no intention to seriously consider the issue.

I approached the renowned law firm Clifford Chance LLP in 2013 and was accepted by them as a pro bono client. An enormous amount of preparatory work has taken place over the course of the duration in order for me to proceed with this case.

I must stress there is no guarantee the case will be successful and neither is there a guarantee that permission to take the case forward will be given after the hearing on 11 October. All judicial review applications must first obtain the permission of the court in order to proceed.

I am not about to give false hope that current policy will be over turned. A judicial review decision does not automatically enact a change of government policy. The UK Government, under current administration, remains firmly opposed to the issuance [and the principle] of ‘X’ Passports.

A successful judicial review outcome would however highlight the inherent discriminatory nature of current policy that would become increasingly untenable and that successive governments would find hard to justify.

That is all for now. Keep the faith and check back to this site for updates.

@ChristieElanCan - Follow me on Twitter for latest updates

Legitimate Identity is a Fundamental Human Right

The denial of existence is the worst act of discrimination by the gendered majority against the non-gendered
CHRISTIE ELAN-CANE
NON-GENDERED
Fighting for legal and social recognition outside the gendered societal structure



NEW EARLY DAY MOTION GOES ‘LIVE’ TODAY

The latest in a series of parliamentary motions in support of ‘X’ Passports in the UK has been tabled and I again express my profound and deepest thanks to Norman Lamb MP.

I must once more request that all MPs are strongly urged to add their signature in support of the motion.

‘That this House recognises the support expressed in previous parliamentary sessions to address the issues faced by people whose identities are neither male nor female; believes that people are compromised and diminished as a result of inappropriate gender references on their personal identity information; acknowledges that all passports issued by HM Passport Office are currently gender­ specific and it is therefore not possible to obtain a British passport that contains no reference to gendered identity; understands that the International Civil Aviation Organisation standard specification for machine-readable travel documents, ICAO Document 9303, permits X unspecified alongside F female and M male, under a mandatory sex category; notes that citizens of Malta, Australia and New Zealand are able to obtain a non gender-specific X passport and that India, Nepal and Pakistan make provision for their citizens when neither M nor F are appropriate; further believes that similar provision is needed in the UK where current discriminatory policy denies non-gendered and bi-gendered people a legitimate identity; and therefore urges the Government and HM Passport Office to make non gender-specific X passports available in the UK to people who do not identify with a particular gender.’r EDMs by:


And that other matter I’ve been referring to in recent posts ……………………….

Keep watching this space ……………………….

@ChristieElanCan - Find me on Twitter for latest updates

Legitimate Identity is a Fundamental Human Right

The denial of existence is the worst act of discrimination by the gendered majority against the non-gendered
 

Profile

elancane
Christie Elan-Cane
Website

Latest Month

April 2018
S M T W T F S
1234567
891011121314
15161718192021
22232425262728
2930     

Syndicate

RSS Atom
Powered by LiveJournal.com
Designed by Tiffany Chow