© Adobe Stock/A. Popov Critics of the decision warn that it could lead to discrimination against transgender people. Independent UN expert calls on UK to respect court ruling on biological sex determination Women
The UN independent human rights expert has called on UK political leaders to help implement the Supreme Court’s ruling on the legal definition of gender. She warned that opposition to updated equality guidelines could weaken protections for women and girls.
Special Rapporteur on violence against women and girls Reem Alsalem expressed concern about public criticism of the draft guidelines published on May 21 by the UK Equality and Human Rights Commission.
The document explains how organizations should apply the Supreme Court decision in practice, including on access to intended only for same-sex premises and services.
The draft was published after the UK Supreme Court ruled in April 2025 that the legal concept of “sex” in the Equality Act 2010 refers to biological sex rather than gender identity.
Sexed spaces and the protection of women’s rights
This decision has implications for the application of equality legislation in areas such as access to gender-segregated facilities and services, including changing rooms, hospital wards and domestic violence shelters.
The ruling has sparked widespread debate about how UK law should strike a balance between protecting the rights of women and transgender people. Thus, supporters of the decision believe that it brings legal clarity and ensures safety in spaces intended exclusively for women. Critics, in turn, warn that it could lead to discrimination against transgender people.
Alsalem said public reaction to the draft code showed “how fragile protections for women’s rights remain” and how easily their rights to “safety, privacy and dignity” are called into question. men. She also recalled that international human rights law allows States to take measures based on biological sex if they serve a legitimate purpose and are necessary to ensure women’s equal enjoyment of their rights.
“It is difficult to reconcile opposition to the provision of legal same-sex services with repeated commitments to end violence against women and girls,” she said.
A call to respect the law
Alsalem also commented on the controversy surrounding the provisions project concerning requests for information about a person’s gender. According to her, gender is an objective characteristic that remains relevant in various legal and social contexts, including where legislation provides for the provision of gender-segregated premises and services. She noted that in order to ensure compliance with the law, requests for such information may be necessary in some cases.
Alsalem called on the UK Government to make clear the need to respect and enforce the law.
She also called on political leaders, members of the media, business and civil society to constructively promote the implementation of the Supreme Court decision, consistent with national law and the UK’s international rights obligations
Special Rapporteurs are independent experts appointed by the UN Human Rights Council. They are not UN employees and do not receive wages for their work. Experts act in their personal capacity and do not represent any government or organization.