Transgender Rights Campaigners Vow to Take Battle to European Court
A leading transgender rights campaigner, Dr. McCloud, has announced plans to take her fight against the UK government’s stance on biological sex to the European Court of Human Rights in Strasbourg. This move comes in response to a recent Supreme Court ruling that defined biological sex as "the sex of a person at birth".
According to Dr. McCloud, the Supreme Court failed to adequately consider human rights points when making their decision. "Trans people were wholly excluded from this court case," she said. "I applied to be heard. Two of us did. We were refused. The court heard no material going to the question of the proportionality and the impact on trans people. It didn’t hear evidence from us."
The Supreme Court’s decision has sparked widespread controversy, with many arguing that it fails to take into account the complexities of biology. Trans campaigners argue that it is impossible for services to truly specify someone’s biology, pointing to intersex cases as an example of where biological sex is not binary. However, gender-critical campaigners say biology comes down to a common-sense assessment of what makes a man or a woman.
Dr. McCloud, a former judge, expressed her frustration with the Supreme Court’s decision, stating that "the Supreme Court don’t know [what a woman is] because they haven’t defined biological sex". She went on to say that, in her view, "a woman in law is someone with the letter F on her birth certificate".
The issue at the heart of the debate is the Equality Act, which defines sex as a protected characteristic. The Supreme Court’s ruling means that Dr. McCloud, who has a Gender Recognition Certificate and is recorded as female on her birth certificate, is defined as a man for the purposes of the Act. This has led to concerns that trans people will be denied protections afforded to them under the Act.
The Supreme Court’s decision has also sparked concerns about the implications for trans people’s human rights. Dr. McCloud has stated that she will seek a declaration from the European Court of Human Rights that the actions of the UK government and Supreme Court judgement "violate [her] fundamental human rights".
This is not the first time that the UK government has faced criticism for its handling of trans rights. The BBC reported on the issue, with Dr. McCloud speaking out about her experiences. As the debate continues, it remains to be seen how the European Court of Human Rights will respond to Dr. McCloud’s appeal.
In its judgement, the Supreme Court said biological sex refers to "the sex of a person at birth". It emphasises that only women can be pregnant, for example, and women have specific legal protection during pregnancy. However, campaigners argue that this definition fails to take into account the complexities of biology and the experiences of trans people.
The Supreme Court’s decision has been met with widespread criticism from trans rights campaigners, who argue that it is a step backwards for trans rights. As Dr. McCloud noted, "Just as the prime minister didn’t know what a woman was, actually the Supreme Court don’t know because they haven’t defined biological sex".
The battle for trans rights is set to continue, with Dr. McCloud and other campaigners vowing to take their fight to the European Court of Human Rights. The outcome of this appeal will have significant implications for trans people’s human rights in the UK and beyond.
The UK government’s stance on biological sex has been the subject of much debate, with many arguing that it fails to take into account the complexities of biology. As the debate continues, it remains to be seen how the issue will be resolved.
The BBC’s report on the issue highlighted the concerns of trans rights campaigners, who argue that the Supreme Court’s decision is a step backwards for trans rights.
This report was sourced from: https://www.bbc.co.uk/news/articles/c9qw2149yelo, where you can read the original article in full.
