GENEVA - A UN expert* today expressed concern about political opposition to updated guidance issued by the Equality and Human Rights Commission (EHRC) following the April 2025 judgment by the Supreme Court of the United Kingdom which clarified the meaning of sex under the Equality Act 2010.
"The public reaction to the EHRC's draft Code of Practice demonstrates how fragile the protection of women's rights remains, and how readily the rights of women and girls to safety, privacy and dignity are challenged," said Reem Alsalem, the Special Rapporteur on violence against women and girls, its causes and consequences.
"The judgment of the Supreme Court clarified the law in April 2025. The EHRC's Code of Practice is intended to assist public authorities, employers and service providers in complying with the legal framework. It is disappointing to see political leaders opposing guidance which seeks to give practical effect to the law."
The Special Rapporteur noted that single-sex spaces and services have long been recognised as an important safeguard for women and girls, particularly in contexts where privacy, dignity and protection from male violence are at stake. International human rights law recognises that States may adopt sex-based measures where they pursue a legitimate aim and are necessary to secure women's equal enjoyment of human rights.
"It is difficult to reconcile opposition to lawful single-sex services with repeated commitments to ending violence against women and girls," Alsalem said. "Protecting women from male violence requires that appropriate sex-based safeguards remain meaningful in practice."
Addressing the debate concerning provisions in the draft guidance relating to requests for information about a person's sex, the expert said that "it is neither practical nor rational to suggest that acknowledging or asking about a person's sex is inherently impermissible. Sex is an objective characteristic that is relevant in many legal and social contexts, including where the law provides for single-sex spaces, services or associations."
"Individuals seeking access to a single-sex service or space are, by implication, asserting that they fall within the category for which that space has been established. Where questions arise in order to ensure compliance with the law, proportionate enquiries may be necessary."
Alsalem stressed that respect for the rule of law requires that everyone observe the legal conditions governing access to single-sex spaces and services.
"Single-sex spaces have long formed part of the legal framework protecting women and girls. They are not exclusionary for their own sake; they exist because they serve legitimate and important objectives, including safeguarding women's privacy, dignity and safety," she said. "Those protections should be respected by all."
The Special Rapporteur called on the British Government and the devolved authorities to clearly and unequivocally state that the law is clear and must be complied with. She also called on the Government, political leaders, media, business and civil society to engage constructively in implementing the Supreme Court's judgment in a manner consistent with domestic law and the United Kingdom's international human rights obligations.
