Special Rapporteur Welcomes Landmark UK Judgment On Sex-Based Protections

Scoop

04-05-2025

GENEVA (2 May 2025) – The UN Special Rapporteur on violence against women and girls, Reem Alsalem, welcomed the landmark judgment by the UK Supreme Court on 16 April 2025 in the case of For Women Scotland Ltd v The Scottish Ministers.
In its judgment, the Court determined that, for the purposes of the UK's Equality Act 2010, 'sex' is binary, and must be understood as bearing its ordinary meaning as biological sex and that the terms 'woman' and 'man' are to be understood as referring to biological females and males respectively, Alsalem said.
The Court also ruled that the Scottish Government is acting unlawfully by treating men who identify as women and who hold a Gender Recognition Certificate (GRC) as women for the purposes of a law aimed at improving the inclusion of women on public boards, the expert noted.
'The judgment does not change the law but brings much-needed clarity, it also represents the triumph of reason and science in policy making and a return to basic truth and common sense,' Alsalem said.
'Most importantly, it vindicates thousands of defenders of women's human rights, including lesbians, and their allies who have been vilified and attacked for asserting the biological reality of sex, the material definitions of 'woman' and 'female', and the centrality of all these issues to their human rights and lived experience,' she said.
The Special Rapporteur appreciated the clear way in which the Court explained how the Equality Act resolves tensions between the rights of different stakeholders by providing single-sex exceptions for biological women, in settings where such provisions are legitimate, proportionate and necessary, without negating the right of transgender persons to fair treatment. 'The Court demonstrated an extraordinary understanding of the UK's obligations under international human rights law toward women, and their rights to equality and non-discrimination based on sex,' she said.
Alsalem also welcomed announcements by the UK, the Scottish, and Welsh Governments that they will abide by the ruling as well as the timely move by the UK's Equality and Human Rights Commission to publish an interim update explaining the implications of the judgement as a forerunner to more comprehensive guidance.
Alsalem said she regretted attempts by some actors to wilfully distort the ruling and spread disinformation. She also expressed her concern at the continued, relentless, and alarming attacks on the Court; the women and women's organisations that brought the case, and their supporters. She called on government authorities, the judiciary, and law enforcement agencies to maximise efforts to protect them against the abuse, violence and threats.
The expert said she supported calls for lawful and dignified solutions for everyone, including transgender persons, in implementing the Court's ruling. 'These could include, for instance, adding mixed-sex spaces alongside single-sex ones, but should not entail the removal of single-sex spaces which are vital for the protection of the rights of women and girls,' she said.
Alsalem called on all public and private institutions, including employers, healthcare providers, such as the National Health Service and other institutions, such as prisons, to uphold the ruling. She further urged regulators to provide necessary support and guidance to all segments of society to increase understanding of the implications of the ruling and the rights and responsibilities arising from it.
She expressed hope that other countries facing similar tensions between rights and/or claims based on sex and gender identity will reflect on the Court's reasoning and draw useful parallels for their own legal and policy contexts.