In Real Life: Margin of Appreciation - Christie's Story

Christie Elan-Cane identifies as non-gendered but was informed by the Passport Office that it is not possible to obtain a UK passport without making a declaration of being either male or female. They brought a claim for a breach of their Article 8 right to private life and Article 14 right to be free from discrimination. Christie relied on a number of ECtHR cases, but the Supreme Court ultimately said, “the matter is one in relation to which the member states should be permitted a wide margin of appreciation, having regard to the absence of any consensus within the member states, the complexity and sensitivity of the issue, and the need for a balance to be struck between competing private and public interests.” It said there is no obligation for the Secretary of State to provide Christie with a non-gendered passport.