BRUSSELS (Reuters) - A British transsexual woman should have her pension paid from her 60th birthday instead of her 65th as a man would, Europe's highest court ruled on Thursday.
The Luxembourg-based European Court of Justice found in favour of Sarah Richards, who was refused a pension at the age of 60 as Britain does not allow a change of sex on a birth certificate.
Richards was born a man in 1942 but had a sex change operation in 2001 after being diagnosed with gender dysphoria -- a condition identified by doctors and psychologists when a person feels a persistent aversion to their own gender.
According to the court ruling, "the right not to be discriminated against is one of the fundamental human rights" and "the court finds the unequal treatment" of Richards is based "on her inability to have a new gender following surgery".
Last December, the advocate general who advises Europe's top court, also found in favour of the British woman. The ECJ's rulings often follow the advice given to it by him.
Such a case is unlikely to come up again -- not only can transsexuals now get a gender recognition certificate, but Britain will gradually raise the pensionable age for women to 65 between 2010 and 2015.
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