Kishwer Falkner, chairwoman of the UK Equalities and Human Rights Commission (EHRC), stated that trans people's right to privacy does not extend to accessing gendered facilities. During a parliamentary session, she referenced legal advice suggesting that Article Eight of the 1998 Human Rights Act, which protects privacy rights, is not applicable in these circumstances. This stance follows controversial interim guidance from the EHRC, advocating limitations on trans individuals’ access to gendered spaces, raising significant concerns about the implications for privacy rights and basic human rights.
Falkner stated: "We don't think Article Eight rights apply" when questioned on the breaches of privacy concerning trans people's access to gendered facilities.
The EHRC's interim guidance sparked controversy, suggesting banning trans individuals from facilities aligned with their gender identity, which many view as undermining privacy rights.
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