February 09, 2007

Dear Sir,

Re: "Govt. will review 'outdated' Human Rights Act, new commission chair says"

Sadly, the present Bermuda Human Rights Act by omission not only legitimises discrimination against persons on the grounds of their sexual orientation, but on one's presented gender identity, too.

Gleaned from a lengthy exchange with the British government concerning the lack of human rights legislation to protect transsexual persons in Bermuda... the United Kingdom Foreign and Commonwealth Office, Overseas Territory Department, confirmed that:

[bul] The UK Gender Recognition Act 2004 does not extend to any British Overseas Territories.

[bul] That Bermuda has not enacted any legislation to recognize transsexuals.

[bul] That it would appear that there is no gender recognition system in place in Bermuda and Bermudian courts or officials will not therefore recognise United Kingdom gender recognition certificates.

[bul] That Bermuda is expected to comply with obligations under human rights instruments which have been extended to it. In particular, Bermuda is bound by the European Convention on Human Rights ("ECHR") and, like persons in the UK, persons in Bermuda have the right of individual petition under the ECHR.

Accordingly, the financial cost to the Bermuda government of honourably complying with their obligation under the ECHR and voluntarily rectifying the present lack of rights afforded transsexual persons under its jurisdiction would be significantly less than having to not only embarrassingly but unsuccessfully defend one of probably no more than a handful of abused transsexual persons pursuing favourable justice that they know—by precedent—they will receive before the European Court of Human Rights.

BRENDA LANA SMITH R AF D

Cornwall, United Kingdom