Europe's human rights watchdog intervenes over UK's proposed trans bathroom bath
– 2 min read
Europe's human rights watchdog has staged an intervention over proposals to mandate the blanket exclusion of trans people from services and spaces for their lived gender.
Dr Michael O'Flaherty, Commissioner for Human Rights for the Council of Europe, has today published correspondence to the UK's equalities and human rights committees explaining the human rights breaches which would occur if the minister approves the Equalities & Human Rights Commission's (EHRC) current draft code of practice.
According to trans-led not for profit organisation Trans+ Solidarity Alliance, the EHRC’s draft seeks to "make the Equality Act function as a mandatory trans bathroom ban - requiring the exclusion of trans people, without clarity on how to remain trans-inclusive, for services from pub toilets to walking groups."
The letter from Dr. Michael O'Flaherty will add to mounting pressure on Equalities Minister Bridget Phillipson to reject the current draft code and insist the EHRC try again with new guidance which explains how to include trans people in services and spaces for their lived gender.
The Commissioner states in his letter: "The European Court of Human Rights has recognised that, the very essence of the European Convention on Human Rights being respect for human dignity and human freedom, it guarantees the right of trans people to personal development and to physical and moral security."
He added that: "discussions about how access to services and facilities will have to be regulated following the judgment have tended towards the exclusion of trans people.
“It would therefore be crucial for all stakeholders to receive clear guidance on how inclusion of trans people can be achieved across all areas, and how exclusion can be minimised to situations in which this would be strictly necessary and proportionate, in line with well-established human rights principles."
In his letter, O'Flaherty stated he had already written to the EHRC and to Bridget Phillipson - but was now reaching out to Parliament's Women and Equalities Committee and Joint Committee on Human Rights to raise the alarm.
Jess O'Thomson, Trans+ Solidarity Alliance's Head of Policy, said: "This significant intervention from the Commissioner makes clear that the EHRC's new Code of Practice cannot be laid as drafted. The minister must reject it and insist the EHRC try again - making clear how to include trans people, not just exclude. Exclusion of trans people from services for their lived gender, the letter makes clear, must be the exception - not the rule.
"The commissioner also emphasises that legal gender recognition cannot only apply to things like pensions and marriages, but must have real meaning in people's everyday lives. The government is going to have to ensure this in order to comply with its human rights obligations."
