Lydia Foy - Effect On Law

Effect On Law

Although the issues have been raised in parliamentary debate, no ruling has been made. The declaration of incompatibility cannot override domestic law, but does place an onus on the government to reconcile Irish and European legislation.

On 5 January 2009, Thomas Hammarberg, the Human Rights Commissioner of the Council of Europe, stated with respect to the transgender community and specifically Foy that "There is no excuse for not immediately granting this community their full and unconditional human rights."

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