Robin Moira White, a prominent barrister and trans woman, appeared on BBC Woman's Hour to discuss the recent Supreme Court ruling that defines 'woman' and 'sex' in the Equality Act 2010 in biological terms. This ruling, resulting from a case by For Women Scotland, excludes trans women from the legal definition of 'woman' and has sparked outcry from trans advocates. White argues the decision may not hold up in the European Court of Human Rights, which mandates the UK to acknowledge gender changes through legal recognition.
I don't think the ruling will survive a trip to the European Court of Human Rights in Strasbourg... we didn't have the Gender Recognition Act out of goodwill of some government; we had it because the European Court... told the UK it had to have an effective method of acknowledging people's change of gender.
The unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex.
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