Trans campaign group hits out at EHRC as watchdog submits final Code of Practice draft to government
Activists have accused the EHRC of attempting to strip away rights from trans people, amounting to a so-called "trans bathroom ban"
By Callum Wells
Campaign group Trans+ Solidarity Alliance has hit out at the Equality and Human Rights Commission (EHRC) after the watchdog confirmed it has submitted its final draft Code of Practice to government.
The code is designed to update guidance on how the Equality Act is applied. But activists have accused the EHRC of attempting to strip away rights from trans people in a move they fear could amount to a so-called “trans bathroom ban”.
In a statement shared today, the group said the EHRC had “approached this process with one goal – reducing the human rights of trans people in this country”.
“We have to fight this – and bring transparency and democracy to this process” – Trans+ Solidarity Alliance writing to the EHRC
They wrote, “It has rushed through 50,000 consultation responses with the help of AI, subverting our Equality Act and turning it into a trans bathroom ban. It’s up to the Government what happens next, Bridget Phillipson could fix this mess tomorrow. Waving this through would be Labour’s Section 28 moment and define their legacy on LGBT+ rights.”
The group added that it was “terrifying” to think the draft might pass into practice without parliamentary oversight.
“We have to fight this – and bring transparency and democracy to this process rather than allow rights to be taken away behind closed doors,” the statement continued. “For trans people and anyone who cares about us – tell your MP now to stand up against this terrifying overreach.”
Calling on MPs to demand proper scrutiny of the code
They added: “We all need to see what the EHRC has created and Parliament needs to be able to scrutinise it properly with a free vote, not have it gain ministerial approval in secret. Politicians must not approve any Code of Practice that fails to respect trans people’s basic human rights, and an approach of blanket and mandatory trans exclusion will destroy the UK’s standing as a global leader on LGBT+ rights.”
The EHRC, set up in 2007 to enforce equality and non-discrimination laws, has faced growing criticism from LGBTQ+ groups in recent years. Last year, more than 30 organisations signed an open letter accusing the commission of “colluding in the removal of trans rights.”
Campaigners are now calling on MPs across all parties to demand proper scrutiny of the code before it can take effect.
“It is now up to the Government to rebuild trust”
Responding to the news, a spokesperson for LGBTQ rights organisation Stonewall said: “Trans people are – and will remain – protected from discrimination and harassment under the law. The Government – and its lawyers – now need to ensure that the guidance is compatible with existing pieces of legislation and protects the rights of everyone.
“The draft guidance consulted upon, took the position of justifying exclusion rather than inclusion of trans people as its starting point, which does not reflect the values of our society. It risked creating a hierarchy of rights and a tiering of safety concerns. We hope that these grave concerns have been addressed.
“The LGBTQ+ community – and many others – have been deeply concerned about the approach taken by the EHRC throughout this process. It is now up to the Government to rebuild trust during this next stage by acting transparently and showing the due care and consideration that has been absent to date.
“We called on the Prime Minister earlier in the week to share the final draft submitted by the EHRC before it is laid in parliament.”