EHRC Opens Shortened Consultation as the UN Raises the Alarm

TL;DR: The EHRC has opened an unusually short public consultation on its upcoming statutory guidance about the Supreme Court’s ruling on the definition of ‘woman’ in the Equality Act. Meanwhile, the UN has warned of the human rights risks relating to the ruling.

The Equality and Human Rights Commission (EHRC) has opened a public consultation on updates to its Code of Practice that relate to the Supreme Court’s ruling on the definition of ‘woman’ in the Equality Act 2010 - EHRC

The consultation period has been extended to six weeks, running until 30th June, after backlash against the initial announcement that it would last for just two weeks. Stonewall and others have pointed out that this is still significantly less than the standard period of twelve weeks - Stonewall

The EHRC has been sending mixed messages about the complexity of the work it is undertaking. In an email seen by the Good Law Project, which is leading a legal challenge against the body’s interim guidance issued in April, the EHRC said the challenge raised “significant and complex issues”. This appears to contrast its other public messaging around the ruling, which has focused on the “clarity” it claims the Supreme Court has brought to the matter - Good Law Project

The EHRC is a government watchdog that has been widely criticised for promoting anti-trans policies under the leadership of Liz Truss appointee Baroness Falkner. Its Code of Practice acts as statutory guidance, which would come into effect after the consultation if approved by ministers and parliament.

International Reaction

Two days after the consultation opened, a panel of independent human rights experts convened by the UN issued a warning about the implications of the Supreme Court ruling and the ways it’s being interpreted by the EHRC, government and public bodies - UN

The panel, whose expertise was described as “impressive” by the judge bringing a challenge against the Supreme Court ruling to the European Court of Human Rights, said it was “deeply concerned” that the ruling would “lead to increased discrimination and exclusion of transgender women in various sectors”.

Noting that the UK has previously been found in violation of European human rights law, the panel also suggested that the UK could be the target of further international legal challenges if it does not take steps to resolve the risks done to Trans+ people’s human rights as a result of this ruling.

The Fight Continues

The EHRC and anti-trans lobbyists continue to claim that the Supreme Court ruling provides a clear answer to all questions about Trans+ people’s rights - but they are not the only voices being heard.

In a powerful action last weekend, the Good Law Project projected the faces of several notable Trans+ people onto the facade of the Supreme Court, showcasing the important testimonies they would have brought before the Court if it had chosen to hear from even a single Trans+ person - Good Law Project on Youtube

Advocacy organisation Trans Actual took a more direct response to the comments of the EHRC, installing a “third toilet” in Trans Pride colours outside the Court on Wednesday - Trans Actual on Instagram

Between striking actions like these, larger public protests, multiple legal challenges, and now a public consultation and potential larger challenges from international bodies, queer and Trans+ people and our allies have plenty of opportunities to make our voices heard. And we have many more voices on our side than the small group of lobbyists that brought this ruling about.

As queer people, we know that there are no simple answers to the questions of who we are or what we can achieve. While advocacy organisations continue to study the new consultation and prepare their responses, we continue to make that clear in every way that we can.

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