"We think it failed properly to recognise the nature and scope of the positive obligations imposed by Article 8 of the European Convention on Human Rights to protect the rights of trans and intersex people, and to avoid relegating them to 'an intermediate zone as not quite one gender or the other'."
"The Court erred in finding that the Guidance was accurate and contained no material omissions, when this was unsupported by its own findings as to the law."
"On 13 February, the High Court said that trans women are lawfully permitted to use women's facilities, save for at work, in a decision on the Equality and Human Rights Commission's interim code of practice."
The Good Law Project is assisting claimants in appealing a High Court decision regarding the Equality and Human Rights Commission's interim trans guidance. The February 13 ruling determined that trans women can lawfully use women's facilities including toilets and changing rooms, except in workplace settings. Justice Swift found the EHRC's interpretation of equality law inaccurate but maintained that single-sex spaces in workplaces must remain trans-exclusionary. The High Court initially denied permission to appeal, but the Good Law Project is now pursuing a Court of Appeal application on five grounds, including arguments that the court failed to properly recognize positive obligations under Article 8 of the European Convention on Human Rights and that the guidance's interpretation was legally unsupported.
Read at PinkNews | Latest lesbian, gay, bi and trans news | LGBTQ+ news
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