Trans judge leads legal challenge to Supreme Court definition of ‘woman’

A group of transgender legal professionals, including former judge Dr Victoria McCloud, are challenging the UK Supreme Court's recent ruling on the definition of a 'woman'.

They have submitted an official complaint to the European Court of Human Rights (ECHR), claiming the Supreme Court breached their human rights.

The claim, filed by the Trans Legal Clinic, alleges that the Supreme Court breached Article 6 of the European Convention on Human Rights by failing to allow transgender individuals or groups to participate in the case.

During proceedings, the court heard from gender-critical organisations such as Sex Matters and the LGB Alliance, but did not consult anyone with a GRC.

Campaigners say this exclusion denied trans people the right to a fair hearing on a matter directly impacting their legal status and protections.

Led by lawyers Olivia Campbell-Cavendish and Oscar Davies, alongside Dr McCloud, the group’s application was submitted to the Strasbourg-based court last week.

The ECHR now has six months to decide whether the case will proceed. If accepted, it will mark the first international legal challenge to the UK Supreme Court’s definition of “woman” under the Equality Act.

Dr McCloud had previously applied to intervene in the Supreme Court case, brought by For Women Scotland against the Scottish Government, but the application was rejected.

Dr McCloud argues that the ruling has serious consequences for the recognition of transgender people under UK law, and that trans voices were unfairly excluded from the legal process.

A spokesperson for For Women Scotland said the UK Supreme Court is under no obligation to accept interventions and that it rarely takes personal testimony or evidence.

The ECHR’s decision on whether the case will proceed is expected within months.