Stonewall responds to the Council of Europe’s Commissioner for Human Rights warning about trans rights in the UK

Today the Council of Europe’s Commissioner for Human Rights has written to key parliamentarians about the human rights standards that must be upheld in steps implementing the Supreme Court Judgment.   

In a letter to the Chairs of Parliament’s Committees for Women and Equalities and Human Rights, Michael O’Flaherty has warned of the risk of infringement on trans people’s ability to participate fully and equally in society; and the risk of leaving them in an unacceptable "intermediate zone”. Government lawyers must now rigorously assess the compatibility of the EHRC Code of Practice for Services, Public Functions and Associations with both domestic law and international human rights obligations. 

In response to the publication of this letter, A Stonewall spokesperson said:  

We welcome that the Commissioner for Human Rights has added his voice to concerns about the current climate for trans people in the UK and emphasised 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.   

Respect for human dignity and human freedom are fundamental British values. 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. 

Government lawyers now need to carefully assess whether the EHRC’s draft Code of Practice is consistent with key international human rights obligations, and existing domestic legislation, before the Minister approves the Code. 

While the Code of Practice will be laid in Parliament for 40 days before coming into force, MPs and Lords have no guaranteed opportunities to scrutinise or debate the guidance. 

The EHRC’s guidance needs to be clear, practical, and proportionate, and in line with well-established human rights principles. 

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