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Dr. Victoria McCloud, the UK’s first openly transgender judge, lodged an appeal on Monday with the European Court of Human Rights (ECHR) against a Supreme Court ruling that defined “woman” and “sex” in the Equality Act 2010 solely by biological criteria, excluding transgender women with Gender Recognition Certificates (GRCs). McCloud had previously sought leave to intervene in the case, but her request was refused without explanation.
The appeal, filed by the Trans Legal Clinic in partnership with W-Legal, invokes Article 6(1) of the European Convention on Human Rights, arguing that the Supreme Court’s refusal to allow McCloud to intervene in the case breached her right to a fair trial. It highlights the exclusion of transgender voices from judicial proceedings directly affecting their rights, stating: “[f]or the trans community, it embodies a simple truth: there must be no more conversations about us, without us.”
In an interview with The Guardian, McCloud said that the ruling breaches not only Article 6, but also Articles 8 and 14 of the European Convention, which safeguard privacy, family life, and protection from discrimination. She decried the judgment’s practical consequences, including unsafe access to gendered spaces and conflicting legal statuses that, she argued, leave transgender people caught “as two sexes at once” under domestic law.
Among those representing McCloud are Oscar Davies, the UK’s first out non-binary barrister, and Olivia Campbell-Cavendish, the first out Black trans lawyer and founder of the Trans Legal Clinic, which has launched a crowdfunding drive to support the case. According to Trans Legal Clinic’s statement, this marks the first trans-led legal team to bring a case to the ECHR in the UK.
McCloud’s ECHR challenge arrives amid widespread backlash to the ruling. Critics warn that it could undermine transgender protections across public services, schools, and criminal justice, and exacerbate risks within gendered spaces.
The post Transgender judge appeals to ECHR over UK Supreme Court’s “biological sex” ruling appeared first on JURIST - News.
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The appeal, filed by the Trans Legal Clinic in partnership with W-Legal, invokes Article 6(1) of the European Convention on Human Rights, arguing that the Supreme Court’s refusal to allow McCloud to intervene in the case breached her right to a fair trial. It highlights the exclusion of transgender voices from judicial proceedings directly affecting their rights, stating: “[f]or the trans community, it embodies a simple truth: there must be no more conversations about us, without us.”
In an interview with The Guardian, McCloud said that the ruling breaches not only Article 6, but also Articles 8 and 14 of the European Convention, which safeguard privacy, family life, and protection from discrimination. She decried the judgment’s practical consequences, including unsafe access to gendered spaces and conflicting legal statuses that, she argued, leave transgender people caught “as two sexes at once” under domestic law.
Among those representing McCloud are Oscar Davies, the UK’s first out non-binary barrister, and Olivia Campbell-Cavendish, the first out Black trans lawyer and founder of the Trans Legal Clinic, which has launched a crowdfunding drive to support the case. According to Trans Legal Clinic’s statement, this marks the first trans-led legal team to bring a case to the ECHR in the UK.
McCloud’s ECHR challenge arrives amid widespread backlash to the ruling. Critics warn that it could undermine transgender protections across public services, schools, and criminal justice, and exacerbate risks within gendered spaces.
The post Transgender judge appeals to ECHR over UK Supreme Court’s “biological sex” ruling appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.