Over in Strasbourg the Council of Europe’s Human Rights Commissioner is complaining about the UK’s treatment of trans people potentially breaching the ECHR. Here we go…
Michael O’Flaherty is the commissioner for the council, which operates the ECHR. He has written two letters today, summarised in his release below:
“Policing of protests
In his letter to the Secretary of State for the Home Department, the Commissioner asks the government to ensure that counter-terrorism legislation does not unnecessarily restrict freedom of peaceful assembly. He also recommends a comprehensive review of the overall legal framework on protests to ensure its full compliance with the United Kingdom’s international human rights obligations.
Finally, he encourages the government to reconsider certain protest-related provisions in the Crime and Policing Bill currently before the House of Lords, specifically the proposed new offence of concealing one’s identity, as well as restrictions on assemblies in the vicinity of places of worship.
Situation of trans people
In a separate letter addressed to the Chairs of the Joint Committee on Human Rights and the Women and Equalities Committee, the Commissioner shares observations on human rights standards that must be upheld in further steps following the UK Supreme Court’s judgment in For Women Scotland.
He sets out key elements of the case law of the European Court of Human Rights that should be taken into consideration in this process.
The Commissioner warns against measures that could exclude trans people from many areas of life. He also cautions against tendencies to view the human rights of different groups as a zero-sum game, noting that this approach builds on prejudice against trans people.”
In his letter on trans people O’Flaherty says it would be unacceptable to ask people what their sex is in order to ascertain what loo they should be using and “legal uncertainty or to dissonance between the lived experiences of trans people and their treatment in law should be avoided. It is also to be recalled that not all trans people wish to obtain legal gender recognition, and in reality simply live according to their gender identity.” The letter is addressed to chairmen of the Commons Joint Committee on Human Rights and the Women and Equalities Committee…
The complaints come as the Tories and Reform have pledged to leave the ECHR if elected. Meanwhile Richard Hermer has stated in no uncertain terms that Labour will never challenge the ECHR on anything…
Read the full letters below:
