GENEVA - UN human rights experts* today warned that the UK's revised Code of Practice for Services, Public Functions, and Associations, in force as of 5 August, may place transgender and gender-diverse persons at heightened risk of discrimination and exclusion.
"We remain concerned that the revised Code adopts an unduly rigid approach to trans-inclusive services, leaving insufficient scope for service providers to consider whether inclusive arrangements are lawful, justified and appropriate in the particular circumstances," the experts said.
The revised Code treats a service that includes both cisgender and transgender women as a mixed-sex service and states that such a service must be open to all users. In effect, except in the case of membership-based associations, providers are advised that a women's service must either exclude transgender women or admit men, leaving transgender persons to use services designated for their sex as recorded at birth or separate facilities, where available.
"When legal guidance effectively presents exclusion as the means of complying with the law, discrimination risks becoming institutionalised rather than assessed on the basis of necessity and proportionality."
The experts emphasised that the implementation of domestic legislation and judicial decisions must remain consistent with international human rights obligations, including the principles of equality, necessity and proportionality. They warned that implementing the Code will require transgender persons to disclose their gender identity, risking harassment, while exposing all women to scrutiny based on gender stereotypes, intrusive questioning or demands for personal information.
"Any request for information relating to a person's sex or gender identity must pursue a legitimate objective, be strictly necessary and proportionate, and entail appropriate safeguards for privacy and dignity. Such enquiries should never become routine or discriminatory."
The experts recalled their joint statement of 26 February 2026, which raised concerns that elements of the draft guidance appeared incompatible with the United Kingdom's international human rights obligations.
"We recognise the importance of measures to protect the rights of women and girls, including to safety, privacy and freedom from violence. At the same time, international human rights law requires that such measures are inclusive of all women and girls, including transgender and intersex women, and respect the rights of all persons without discrimination."
The experts urged the Government and the Equality and Human Rights Commission to monitor the impact of the guidance and review provisions that engender discrimination.
"Human rights are not a zero-sum exercise. Protecting the rights of women and girls in all their diversity and protecting the rights of transgender, gender-diverse and intersex persons are equal, overlapping, and complementary obligations."
