Ireland
— 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
<http://www.coe.int/>
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?'
