Britain is illegally refusing pension rights to transsexuals by only considering their original sex, according to the European Union’s Court of Justice.

Sarah Richards, a British national who had a sex change in 2001, took her case to the EU’s highest court after she was denied a pension at 60 years old because the law still identified her as a man.

The court said, “the right not to be discriminated against on grounds of sex is one of the fundamental human rights.”

“The unequal treatment in this case is based on Ms. Richards’ inability to have the new gender which she acquired following surgery recognised,”

“That unequal treatment must be regarded as discrimination.”

The British government, which allows women to collect a pension at 60, still considered Ms Richards as a man as she was born as one and therefore could only get the benefit at 65.