Stonewall backs human rights chief in warning UK over trans exclusion following UK Supreme Court ruling
"To ensure the UK is both meeting its international human rights obligations and ensuring that there are no inconsistencies in its legislative framework for trans people," said Stonewall
By Aaron Sugg
Stonewall has backed the Council of Europe’s Commissioner for Human Rights in urging the UK Parliament to uphold human rights standards when implementing the recent Supreme Court ruling.
This follows the April judgment, which ruled that the legal definition of a woman in the Equality Act 2010 refers only to biological sex, denying trans people of their identity.
Commissioner Michael O’Flaherty warned in a letter to the Chairs of Parliament’s Committees for Women and Equalities and Human Rights of the risks this poses to trans people, expressing concern that it could leave the community in an “intermediate zone”.
“Concerns about the current climate for trans people in the UK” – Stonewall welcoming Commissioner Michael O’Flaherty’s warning
In response, a Stonewall spokesperson said in a statement: “We welcome that the Commissioner for Human Rights has added his voice to concerns about the current climate for trans people in the UK.”
They added that the human rights body had also highlighted “the need to ensure the UK is both meeting its international human rights obligations and ensuring that there are no inconsistencies in its legislative framework for trans people”.
Reiterating previous concerns expressed by CEO Simon Blake, the spokesperson said: “As we have said before, we remain concerned that unless the EHRC’s draft Code is seriously revised, the starting point will be one of exclusion, which could create legal risk for businesses across the UK.”
They urged government lawyers to assess whether the EHRC’s draft Code of Practice is consistent with key international human rights obligations before it is approved by ministers in the near future.
“Clear, practical, and proportionate” – Stonewall has urged the EHRC to consider these point when drafting the upcoming guidance
For now, employers must ensure compliance with the ruling, which may require seeking specialist legal advice and making necessary changes to policies and facilities.
Companies seen complying with the trans-exclusionary law, such as Barclays, have confirmed they will bar trans women from using female bathrooms in their buildings.
The statement added: “While the Code of Practice will be laid before Parliament for 40 days before coming into force, MPs and Lords currently have no guaranteed opportunity to scrutinise or debate the guidance.”
Stonewall said the EHRC’s guidance must be “clear, practical, and proportionate, and in line with well-established human rights principles”.