GENEVA - The United Kingdom must ensure its ongoing review of statutory guidance under the Equality Act remains compatible with international human rights law and upholds equal protections for all transgender people and all women and girls, including transgender women, said UN experts* today.
"The present review represents an important opportunity for the United Kingdom to reaffirm its long-standing commitment to equality, dignity and the rule of law, and to ensure that the human rights of all are upheld in practice," the experts said.
In a statement, they welcomed the Government's position that the review will proceed with the necessary care and deliberation required to ensure full compliance with the United Kingdom's domestic and international human rights obligations. They emphasised the need for an inclusive approach rooted in non-discrimination.
"The outcome of the review must enable transgender people to lead safe and dignified lives, while continuing to uphold robust protections for all women and girls against discrimination and violence."
The experts recalled the United Kingdom's binding obligations under core international human rights treaties, including those protecting equality, privacy and non-discrimination. They underscored that legal recognition of gender identity must be accompanied by effective access to rights in everyday life. This is especially true in the workplace, where employers have a responsibility to foster and uphold inclusive environments for all employees.
"Frameworks permitting routine exclusion or discretionary verification of sex based on appearance or stereotypes would raise serious concerns under international human rights law," they said.
"Furthermore, this would harm not only transgender persons, but also anyone who is perceived not to conform with dominant gender stereotypes, including many women and men who are not transgender."
Drawing on comparative experience across regions, the experts emphasised that States have successfully adopted inclusive, rights-respecting legal frameworks that recognise gender identity while maintaining legal certainty, public order and strong protections for all women and girls.
"Protecting the rights of transgender people is not in tension with protecting the rights of women, but can and should be achieved through coherent, evidence-based and proportionate approaches," they said.
