It is not uncommon for people’s fundamental rights to come into conflict. Democracies need legal frameworks and judicial systems that enable these conflicts to be resolved fairly and with civility. In the UK, the Equality Act 2010 provides a robust legal framework that protects people against discrimination and helps balance rights when they are in conflict. It protects people against discrimination based on nine “protected characteristics” – including sex and gender reassignment – and sets out important exceptions that allow for single-sex services, spaces and sports as a proportionate way of achieving a legitimate aim.
The Equality and Human Rights Commission (EHRC) is the statutory regulator of the Equality Act. Last week, it told the Scottish government that its proposed reforms to the Gender Recognition Act 2004, which allows trans people to change the way their sex is recorded for legal purposes, should be paused because the consultation on these changes has not adequately taken into account their impact on women’s sex-based rights. The Scottish government is proposing to move to a system whereby people can change their sex for legal purposes through self-declaration, instead of needing a medical diagnosis of gender dysphoria.
