Following the Supreme Court's ruling that defines a woman and sex under the Equality Act 2010 as biologically determined, concerns have arisen over potential human rights violations. Trans rights advocate Robin White pointed out that the ruling suggests the UK may not be fulfilling its European Convention on Human Rights obligations. Despite worries caused by the ruling, she noted the Gender Recognition Act still offers protections for trans individuals. Concerns from advocacy groups like Stonewall reflect fears over the implications for the trans community and their legal acknowledgment.
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. But we counsel against reading this judgement as a triumph of one or more groups in our society at the expense of another - it is not.
It's certainly possibly that what the Supreme Court has shown us is that the UK is not meeting its obligations under the European Convention on Human Rights (ECHR).
I'm not particularly impressed by this ruling because it hasn't properly engaged with the difficulties it will cause. Perhaps that's not surprising, given that only one intervener was supportive of trans rights.
This ruling was incredibly worrying for the trans community and all of us who support them.
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