Because Nicholas used to be Nadia, the
Irish state refuses to recognise his marriage.
Now the 32-year-old Russian businessman who was
born a woman is taking legal action to force the
government to accept that his birth certificate
can be changed.
Ireland is the last of only three countries
in the Council of Europe which does not treat
transgender people equally. Like Albania and
Andorra, the Republic does not allow
post-operative transsexuals to alter their birth
certificates.
A successful entrepreneur in the
import/export business, Nicholas Krivenko says
he and his German wife, Sybille Hintze, will be
forced to leave Ireland if the state continues
to deny them residency on the basis of not
recognising their marriage. The couple live in
Quin, Co Clare and married legally and in full
knowledge of the registrar in a civil ceremony
in Limerick City five years ago.
'Nowhere on the marriage form did it say
"Have you changed your sex?" But I gave the
registrar my old birth certificate as a girl, my
new one and a translation of them from Russian
into English at the ceremony. I did not hide my
past. I gave them the opportunity to find
out.'
The Krivenkos problems started when he
applied for residency and the right to apply for
jobs in Ireland.
'A member of the gardai [police] said
he couldn't sign our application because he knew
I had changed sex. When our application was
processed, the state objected to the validity of
the marriage. They said "We can't accept Nadia
to Nicholas." '
Nicholas fought a legal battle to gain full
residency status, which if the couple moved to
Germany would have been automatic. The Federal
Republic recognises the marriages of transgender
people. Nicholas had his sex change at a private
clinic in Germany ten years ago.
'We want to stay in Ireland because we have
no problems with ordinary Irish people. When our
problems started, people rallied around. Even
the local butcher in our village came around to
the house with his wife and a couple of bottles
of wine. They said they came over to give us our
support. As the evening went on, the butcher's
wife said to me "Now, I know you are a man
because you've left the toilet seat up." The
only prejudice we get is from central
government.'
The next step in the battle for legal
recognition is for Nicholas to apply for
unconditional residency. Following that, he will
seek full Irish citizenship.
'I think I have made something of a
contribution to Irish society. When I arrived
here in 1995 from Germany I was in charge of
exporting 10 per cent of all Irish butter to
Russia, over 120,000 tonnes. All my wife and I
want is to be given full legal status because
once they recognise the marriage I am entitled
to apply for work as Sybille is an EU citizen.
But if this doesn't work, we might resettle in
Germany as there is no problem there.'
Fluent in English and French as well as
having a working knowledge of Japanese, Nicholas
has lived all over the world. His father used to
work for a state-owned trading company in the
former Soviet Union.
'We want to stay in Ireland if we can, but
that will depend on getting the law changed that
will allow me to apply for jobs. I'm entitled to
work as self-employed but not to seek jobs in
the employment market. Now we are still in
limbo.'
Nicholas is co-chair of the recently founded
Transgender Equality Network Ireland
(Temi). Sarah Duffy, 40, the network's
co-founder, says it wants legislation similar to
that introduced into the British parliament in
July, which gave legal recognition in the UK to
those who alter their gender.
The Dublin-born pre-op transsexual says that
the Dail and Senate should follow suit.
'You change your name by deed poll in
Ireland. You can change your gender on passports
and drivers licences, even your social security
documents. But in Ireland you still can't alter
a birth certificate, even though being born in
the wrong sex is a recognised medical condition.
'
Sarah, who was only out in public as a woman
for the second time in her life last Friday,
adds that Temi will be using the European Human
Rights Act as a means of forcing the Irish state
to change the law regarding birth certificates.
The Southern Health Board has recently
granted Temi 5,000 euros to help build up a
national network of the Irish transgender
community.
'In the 1970s and 80s, women fought for
equality. In the 1990s, gays and lesbians won
their struggle for equal rights with the ending
of the decriminalisation of homosexuality. In
the 21st century, we are the last group of
people fighting the battle for personal
freedom.'Nicholas meanwhile is adamant that he
will not give up the fight to change Irish law
for the transgendered.
'Even Iran, in certain circumstances, allows
for people to change their sex and all official
documents changed thereafter. Why can't Ireland
do the same?"
