Women's Rights

Trans Women Excluded from Legal Definition in UK Supreme Court Ruling

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Karollyne Videira Hubert, April 18, 2022

GHRD Research Team

Karollyne Videira Hubert, April 18, 2022

The U.K. Supreme Court has ruled on the biological definition of women, excluding transgender women from key legal protections, reshaping the UK Equality Act.

On April 16th, the U.K. Supreme Court declared that a woman is someone who is born biologically female, thereby excluding transgender persons from the legal definition, in a long-standing dispute between a feminist group and the Scottish government. This unanimous verdict by five judges on the UK Equality Act means that trans women may be prohibited from some organisations and single-sex spaces, such as changing rooms, homeless shelters, swimming pools, and medical or counselling services reserved for women. 

While the court has affirmed that the ruling did not remove rights for trans people and the British government welcomed the verdict, trans rights advocates, women’s rights activists, and civil society groups have widely criticised the decision, as it undermines the legal protections for transgender people enshrined in the 2004 Act and blatantly violates human rights.

Sources and Further Readings

Legal definition of woman is based on biological sex, UK supreme court rules

In landmark ruling, UK’s top court says legal definition of woman refers to biological sex

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