Trans lawyers take Supreme Court ruling on biological sex to European court

A group of transgender lawyers are taking the UK to the European Court of Human Rights (ECHR) over the Supreme Court ruling on biological sex. ITV News Reporter Sam Holder has the latest

Words by Assistant Producer Robbie Boyd

A group of transgender lawyers have officially sent a case to the European Court of Human Rights (ECHR), claiming that the Supreme Court hearing on biological sex earlier this year breached their right to a fair trial, ITV News can reveal.

In April, the UK Supreme Court ruled that transgender women are not women under the Equality Act 2010, including those holding gender recognition certificates (GRCs).

During the process, the court heard from gender-critical groups such as Sex Matters and the LGB Alliance, but no one with a GRC was consulted.

Campaigners argue that this omission amounts to a breach of Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial, and are now challenging it in the European courts.

Filed last week, the application arrives at the European Court of Human Rights in Strasbourg on Monday, where judges have six months to decide whether it will proceed.

The group bringing the claim, the Trans Legal Clinic, is spearheaded by transgender and non-binary lawyers Olivia Campbell-Cavendish and Oscar Davies, as well as the UK’s first transgender judge, Dr Victoria McCloud.

Dr McCloud, who stepped down last year, had applied to intervene in the Supreme Court case brought by For Women Scotland against the Scottish government, claiming that it could significantly affect legal protections for transgender women with GRCs, but her application was rejected.

Speaking with ITV News, Olivia Campbell-Cavendish said: “The impact on trans people is horrendous, but actually this affects all of us.

“We need a society where decisions about us aren’t made without us. We need a society that is fair and equitable, and so that’s why we are doing what we are doing.”

The announcement follows For Women Scotland’s decision to sue the Scottish government, accusing ministers of defying April’s Supreme Court ruling on sex by failing to provide single-sex spaces in schools and prisons.

A spokesperson from For Women Scotland said: “As far as we understand it, it is the SC’s prerogative whether to accept interventions or not, it obviously carefully considered McCloud’s application and made a decision based on the value of its content.

“The court is solely concerned with statutory interpretation and does not hear personal testimony or take evidence, and rarely takes interventions from individuals. We will watch with interest whether McCloud’s application is accepted by the ECtHR or even if it comes within the deadline to proceed.”

The Scottish government claims it is awaiting the updated guidelines from the Equality and Human Rights Commission, which the UK government is using to implement the Supreme Court’s April ruling. However, the lack of current detailed guidance has left businesses and public bodies, including the NHS, unclear on how to comply.

Minister for Care Stephen Kinnock told ITV News that the Labour government is “absolutely dedicated to the rule of law”, noting that the Supreme Court must abide by international legal frameworks such as the ECHR.

“If there are individuals who believe that something needs to be challenged, then they can bring an appeal; it is their right to do so,” he said.

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For Women Scotland’s original challenge and the subsequent Supreme Court ruling have already sparked heated debate.

Gender-critical campaigners argue the decision protects single-sex spaces and the rights of women and children, while trans rights advocates say it excludes transgender women from legal protections afforded to other women, creating uncertainty and potential discrimination.

The ECHR will now consider whether the claim should proceed, a process that could take several months.

If the court allows the case to go forward, it will open the first international legal challenge to the UK Supreme Court’s definition of a “woman” under the Equality Act 2010.

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