Independent experts urge UK leaders to uphold Supreme Court ruling on women’s rights

Reem Alsalem, that is Human Rights Council-appointed Special Rapporteur on violence against women and girlsexpressed concern on Tuesday over public criticism of draft guidance issued on May 21 by the UK’s Equality and Human Rights Commission (EHRC).

The guidance – formally known as the draft EHRC Code of Practice – sets out how organizations should apply the Supreme Court decision in practice, including when single-sex spaces and services should be provided based on biological sex.

This follows a UK Supreme Court decision in April 2025 that in line with the Equality Act 2010, the legal definition of “sex” refers to biological sex, not gender identity.

The decision affects how equality laws are applied in areas such as single-sex spaces and servicesincluding changing rooms, hospital wards, and shelters for survivors of domestic violence.

The decision has sparked a wider debate over how UK law should balance protections for women and transgender people.

Supporters argue that the ruling provides greater legal clarity and strengthens protections for women-only spaces, while critics say it risks excluding or discriminating against trans people..

Ms Alsalem said the public response to the draft Code of Practice highlighted “how fragile the protection of women’s rights is” and how easily women’s rights to “safety, privacy and dignity are challenged.”

Single-sex protection

The independent rights expert said that single-sex spaces and services have long been recognized as important protections for women and girls, especially in terms of privacy, dignity and protection from male violence.

He noted that international human rights law allows states to adopt gender-based measures when they have the legitimate and necessary aim of ensuring equal human rights for women.

“It is difficult to reconcile the rejection of legal single-sex services with repeated commitments to end violence against women and girlshe said.

Ms Alsalem also addressed the debate regarding provisions in the draft guidelines regarding requests for information about a person’s gender, arguing that gender is an objective characteristic that remains relevant in a variety of legal and social contexts, including when laws prescribe spaces and services for one gender.

He said proportionate investigations were sometimes necessary to ensure compliance with the law.

Call to enforce the law

Ms Alsalem called on the UK Government and the devolved administrations to state clearly that the law must be respected and implemented.

He also urged political leaders, the media, business and civil society to work constructively to implement the Supreme Court decision in line with domestic law and the UK’s international human rights obligations.

Whistleblowers and other independent experts are not UN staff, receive no salary for their work and operate independently of any government or organization.