Overview
- Michael O’Flaherty cautioned that steps to implement April’s Supreme Court ruling defining “woman” by biological sex may breach the ECHR if they leave trans people in an “intermediate zone” or force routine disclosure of sex assigned at birth.
- He warned that practices requiring trans people to publicly identify their birth sex could violate Article 8 privacy rights and increase risks of harassment and violence.
- The Equality and Human Rights Commission’s draft code of practice, understood to tighten rules on access to single‑sex services, has been submitted to equalities minister Bridget Phillipson and must be laid before Parliament for 40 days once approved.
- In a separate letter on protests, O’Flaherty questioned the proscription of Palestine Action and proposals such as a face‑covering offence and restrictions near places of worship, urging a review to ensure necessity and proportionality under human rights law.
- Downing Street defended the UK’s legal framework, disputed the commissioner’s assessment, and indicated the government will respond, while the EHRC said its guidance reflects the law and advises sensitive application of single‑sex provisions.