The Council of Europe's human rights commissioner, Michael O'Flaherty, has warned that the UK government's approach to transgender rights could violate the European Convention on Human Rights. In a letter to parliamentary committee chairs, he criticised UK lawmakers for treating the rights of different groups as a "zero-sum game," which fuels prejudice against trans people.
O'Flaherty expressed concern that new guidance following a Supreme Court ruling could force trans individuals to "out" themselves publicly to access services, potentially breaching their right to private life under Article 8 of the ECHR. He also warned that being required to disclose their sex assigned at birth could increase vulnerability to harassment and violence.
The Equality and Human Rights Commission (EHRC) has drafted updated guidance after the Supreme Court ruled that trans women are not legally women under the Equality Act 2010. The draft, submitted for government approval, advises that services limited to "women and trans women" do not qualify as single-sex under the Act. It is expected to recommend banning trans women from single-sex spaces like lavatories and changing rooms.
Hundreds of organisations, including Ben & Jerry's and Lush, have opposed the guidance, calling it "unworkable" and likely to cause "significant economic harm." They argue it would force businesses to adopt practices incompatible with modern values.
Downing Street responded by stating that trans people remain protected under the Equality Act on the basis of gender reassignment, and that the government does not support self-identification. The prime minister's spokesman emphasised that a robust legislative framework is in place.
