UK (Parliament Politics Magazine) – Activists call on the Council of Europe to investigate the UK over trans rights, citing risks from a court ruling defining sex as strictly biological.
As reported by The Guardian, several UK-based transgender rights groups have asked the Council of Europe to launch a formal inquiry into how the UK is applying the Supreme Court’s recent ruling on gender.
What did trans rights groups tell the Council of Europe in their letter?
In a joint letter to the Council of Europe, the groups issued a warning about recent policies targeting transgender individuals. They said that barring them from using facilities matching their lived gender created an “intermediate gender zone.”
They added that this amounted to a breach of their rights under the European Convention on Human Rights.
According to the letter, the lack of accessible gender-neutral options may pressure transgender people to reveal their identity, raising serious privacy concerns.
Campaigners argue that this, along with temporary advice excluding trans individuals from joining gendered associations, effectively places them in a legal grey area.
They say this breaches their right to privacy under Article 8 of the European Convention on Human Rights.
They added,
“We note that the situation is urgent and that without intervention, it seems likely to deteriorate further.”
Which trans organisations have urged the Council of Europe to act?
- Trans+ Solidarity Alliance
- TransActual
- Equality Network and Scottish Trans
- Trans Safety Network
- Feminist Gender Equality Network
What did Trans+ Solidarity Alliance say about the UK’s rollback on rights?
Jess O’Thomson of the Trans+ Solidarity Alliance warned that transgender individuals had already experienced a significant decline in protections well before the government released its final guidance on the Supreme Court’s gender ruling.
He said,
“We are asking for a report to be opened into the state of trans people’s human rights in the UK, in the hope that this will encourage our politicians to listen and take action.”
What did Rebecca Don Kennedy say about the Supreme Court ruling?
Rebecca Don Kennedy, chief executive of Equality Network, stated,
“Trans people and their allies all over the UK are horrified by the recent chain of events following the Supreme Court ruling in April. The threat to trans people’s autonomy, freedom and dignity should concern anyone who values equality and human rights.”
She added,
“Trans people have a right to public life, and dignity in social interaction, they have a right to use the toilet safely, to leave their homes knowing that they can. They have a right to privacy, a right to engage with the world as themselves, to join clubs that fully celebrate and welcome them as who they are.”
UK Supreme Court rulings on the definition of “sex”
Following the 16 April ruling by the UK Supreme Court, which stated that “woman” and “sex” in the Equality Act are to be interpreted as biological categories, the letter raises concerns. It highlights the potential impact of this interpretation on transgender rights.
In a landmark 88-page judgment, the court noted that although the word “biological” does not appear in the Equality Act,
“the ordinary meaning of those plain and unambiguous words corresponds with the biological characteristics that make an individual a man or a woman.”
The judges warned that expanding the definition of “sex” in the Equality Act could create “practical difficulties” for services like women-only hostels, medical wards, and emergency shelters.
The justices added,
“Read fairly and in context, the provisions relating to single-sex services can only be interpreted by reference to biological sex.”
EHRC stance on trans access to facilities
According to the EHRC’s forthcoming guidance, expected to be published in the coming months, transgender people could face restrictions. These may affect their access to facilities such as restrooms and changing spaces.
These limitations may apply to both their lived gender and their birth sex, depending on the context.
What did Pat McFadden say about the new gender guidance?
Cabinet Minister Pat McFadden said the Supreme Court’s final decision, along with upcoming EHRC guidance, means individuals will be required to use public facilities aligned with their biological sex.
According to him, the government will turn to the EHRC’s guidance to understand how to apply the Supreme Court’s judgment in real life.