... s11[c]3 was incompatible with the European Convention saying it contravened Article 8 and Article 124 Although Mrs Bellinger's case was unsuccessful in English courts, it was apparent that there was a momentum for change increasingly recognised in the Court at Strasbourg and articulated in judgements critical of the approach in English law. The European Court took a different approach in Goodwin v UK5. Mrs Goodwin complained about her treatment in relation to employment, social security and pensions and her inability to marry and she relied upon Article 8, 12, 13 and 146 of the Convention. Legally, she was still a man, still having to pay NI contributions until the age of 65. If she had been recognised as a woman, she would have ceased to be liable at 60 and therefore had to make special arrangements to pay these contributions directly herself. It was held that there was a violation ...

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