The UK Supreme Court found that the legal definition of a “woman” in connection with the Equality Act is based on the biological sex, thereby excluding transgender individuals from specific protection and provisions.
This decision comes after a lengthy legal battle between the feminist organization, for women Scotland and the Scottish government, a debate that has polarized societies around the world is ruled.
The case focused on whether Trans Women with a Certificate of Gender (GRC) – which offers the legal recognition of female sex – is protected from discrimination as a woman under the Act on the Equality of the Nation 2010.
A group of activists in Scotland brought a challenge in 2018 and claims that these rights should only protect those that are assigned as women at birth. However, the Scottish government said that a trans woman with GRC is a legally woman and therefore the same legal protection should be provided.
The United British ruling Labor Party said the decision brought “clarity and trust”, while the opposition conservatives called it “clear victory for common sense”, urged the government to change existing instructions, CNN reported.
According to government data in the UK in the UK, hate crimes in the UK increased by 112% of sexual identity – the same year was a young trans girl, Brianna Ghey, murdered two schoolchildren in the park in Central England.
Key points of decision of the Supreme Court in the UK
The unanimous decision provided by five Supreme Court judges in the UK confirms that women’s transgender can be excluded from certain spaces and groups of one sex, such as dressing rooms, shelters for domestic violence and consulting services specially intended for women.
“Sex” interpretation as a certified sex would decrease despite the definitions of “human” and “women” and thus protected characteristics of sex in an incoherent manner, “the summary of the decision said that transgender women could be excluded from the same sex device as dressing rooms if” reasonable “.
If transgender women with GRC receive the same protected characteristics as biological women under the Equality Act, Hodge said that they would have “greater rights than those not”, with onioning provisions relating to pregnancy and maternity leave.
The court explained that holding and Certificate for gender recognition (GRC)which legally recognizes the gender transgender does not equal the fact that she is considered a woman for equality under the law.
Judge Patrick Hodge stressed that the decision does not reduce the overall protection of Transgender’s people under British law who remain protected against discrimination.
For the perspective of women’s Scotland
For women Scotland, a group for a legal challenge, celebrated a decision as an important victory.
Susan Smith, a co -founder of the organization, articulated that the decision recognizes “basic common sense” understanding of sex as unchanged and claims that “he cannot change” it.
Fans of the group, including the author of JK Rowling, who allegedly contributed significant funds for legal efforts, praised the judgment as the protection of rights and space reserved for biologically female individuals.
(Tagstotranslate) transgender
