Image by Ehimetalor Akhere Unuabona

A Joint statement on the review of the “UK Equality Act guidance and international human rights compatibility” was released today (27th of February).

The statement largely condems the EHRC.

It follows the outcome of the High Court judicial challenge of the EHRC Interim Guidance by the Good Law Project earlier this month.

What The High Court Ruled

The High Court ruled that the Interim Guidance which called for a blanket exclusion of trans people from single-sex spaces was lawfully.

The High Court attempted to add clarity by announcing that trans people cannot use single-sex spaces that match their gender at their place or work. They contradicted this by also announcing that trans people could use single-sex spaces that match their gender outside od work. This has led to even more confusion and less clarity for trans people and employers.

What The UN Council Say

The UN council has outlined their many criticisms of the High Court's decision.

They say:

A judgment from the High Court of Justice issued on 13 February 2026 held that, depending on the circumstances, it will be lawful for service providers to offer trans-inclusive services without being obliged to admit, for example, cis men to women's services, as some had previously suggested. However, the Court upheld the requirement that workplaces provide separate gender-neutral facilities for use by trans employees. In practice, this will create a risk of inadvertent disclosure of a person’s trans status where an employee who has consistently used facilities aligned with their gender identity is required to use a separate, gender-neutral facility. The Government should ensure that all relevant policies, including those applicable in the workplace, are fully consistent with equality and human rights obligations.”

Elsewhere in the statement the council warn against framing the debate as a divisive women's rights (cisgender) vs trans women's rights. They say:

“The public debate has too often been framed as a stark choice between protecting women and girls
and upholding the rights of trans people. Comparative experience shows that this is a false choice. It
is both possible and necessary to protect women and girls while upholding the rights of trans people,
and rights-based legal systems demonstrate that strong protections for women and robust legal
safeguards for trans people not only can, but do, coexist in practice. As Council of Europe
Commissioner for Human Rights, Michael O’Flaherty, recently stated: “In reality, tensions between
the human rights of different groups in this context are likely to be exceptional in nature, and resolvable through nuanced, reasonable and balanced accommodations.”

Trans People React

Trans people have shared their thoughts on the council's statement.

Former General Election candidate and human rights campaigner Heather Herbert (She/Her) criticised Keir Starmer for his lack of compassion towards the trans community. She said:

“You would think after the recent election defeat to a trans inclusive party, and his record as a human rights lawyer, Sir Keir Starmer would stop apeing the far right Reform and Conservative parties and instead listen to the UN and his base on human rights. We will have to wait and see if he see's sence, but I'm not holding my breath.”

Poppy Bear TM [in her own words, a Bluesky nobody] (She/Her) is critical of the UK government for continuing to ignore international laws and procedures. She said:

“It has been obvious from the outset that UK government, under previous conservative and now labour control, has set out to ignore UK, European and international laws, precedents and established good practice guidance to wage a needless war on minorities as scapegoats and smokescreen to distract from widespread poverty and high profile links to paedophile rings. It's not a problem that needs more highlighting, it needs action from the people of the UK to oppose fascism and persecution and stand up to corruption... but who are we kidding? that'll never happen.”

This condemnation by the UN further shows the unethical nature of the EHRC proposed trans exclusions and the UK governments apparent support of such measures.

This is a major blow to Keir Starmer’s support of the anti-trans movement. It further highlights Wes Streeting's ineptitude in the role of Health Minister.

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