Labour's treatment of trans people could breach the ECHR, human rights watchdog says

The Council of Europe, which oversees the ECHR, has written to MPs raising concerns about new trans guidance being introduced across various sectors of British society.

These directives follow a landmark UK Supreme Court ruling in April, which determined that the legal definition of a woman must be based on biological sex. However, the ruling itself may also breach the ECHR.

Mr O’Flaherty stressed that trans people should not be required to obtain a gender recognition certificate to comply with the Convention.

He wrote: “It should be ensured that steps taken towards implementing the Supreme Court judgment avoid a situation where a person’s legal gender recognition is rendered meaningless, leaving trans people in an unacceptable ‘intermediate zone.’”

He added: “It is also recalled that not all trans people wish to obtain legal gender recognition and, in reality, simply live according to their gender identity. This does not in any way diminish their right to be treated with dignity, to be protected from discrimination, and to participate fully in everyday life.”

The Supreme Court’s ruling established that the terms ‘woman’ and ‘sex’ refer to biological sex, not acquired gender—a decision welcomed by campaigners such as JK Rowling. It means that certain services, such as toilets, can lawfully be restricted to biological women only.

In a separate letter to Home Secretary Shabana Mahmood, Mr O’Flaherty criticised the Government’s decision to treat Palestine Action as a terrorist organisation, warning that it could breach the right to peaceful assembly.

Pro-Palestine demonstrations in recent months have seen hundreds of arrests, including individuals holding banners in support of the proscribed group.

In his letter, Mr O’Flaherty told Ms Mahmood: “Domestic legislation designed to counter ‘terrorism’ or ‘violent extremism’ must not impose limitations on fundamental rights and freedoms, including the right to peaceful assembly, unless strictly necessary to protect national security and the rights and freedoms of others.

“I ask the Government to take all necessary steps to ensure that the policing of protests conforms to these and related principles of law.”

The UK is required to comply with certain decisions made by the ECHR, which some critics argue restricts the Government’s ability to address issues such as immigration.

The Conservative Party recently announced it would withdraw from the ECHR if it wins the next general election—a position echoed by Reform UK, whose leader Nigel Farage has long been critical of the Convention.

Labour, by contrast, has said it intends to reform rather than abandon the treaty.

Sir Keir Starmer has pledged to revisit the interpretation of Articles 3 and 8 to make it easier to deport failed asylum seekers and foreign criminals.