UN expert urges politicians to uphold guidance on single-sex spaces

An UN independent human rights expert has urged politicians in the UK to uphold the guidance on single-sex spaces issued by the UK’s Equality and Human Rights Commission (EHRC).

Reem Alsalem is the UN’s Human Rights Council-appointed Special Rapporteur on violence against women and girls. She spoke out this week to express concerns about public criticism of the EHRC’s guidance.

Last year the UK’s Supreme Court ruled that ‘sex’ with respect to the Equality Act 2010 means a person’s biological sex rather than their gender identity. This led the EHRC to issue their guidance which states that single-sex facilities such as toilets and changing rooms should be used on the basis of a person’s biological sex. Last month over a hundred MPs signed a motion calling for a block on the guidance and criticising its effect on transgender people.

Reem Alsalem said on the social media platform X: “The public reaction to the EHRC's draft Code of Practice demonstrates how fragile the protection of women's rights remains, and how readily the rights of women and girls to safety, privacy and dignity are challenged.”

“It is disappointing to see political leaders opposing guidance which seeks to give practical effect to the law” she said, adding that single-sex spaces and services have long been recognised as an important safeguard for women and girls. Alsalem urged politicians to uphold the Supreme Court ruling in order to protect women's rights, saying: “It is difficult to reconcile opposition to lawful single-sex services with repeated commitments to ending violence against women and girls.“

Addressing concerns about asking for information about a person’s sex, the Special Rapporteur said “it is neither practical nor rational to suggest that acknowledging or asking about a person's sex is inherently impermissible. Sex is an objective characteristic that is relevant in many legal and social contexts, including where the law provides for single-sex spaces, services or associations… Where questions arise in order to ensure compliance with the law, proportionate enquiries may be necessary.”

Alsalem called on the UK Government to state that the law is clear and must be complied with.