The Colonel Court of the United Kingdom on Wednesday confirmed that the campaign group for women in Scotland confirmed whether transgender women are legal women in the context of gender equality legislation, but it said that trans people would not be disadvantaged by his pioneering decision.
The unanimous judgment of five judges of the Supreme Court referred to whether a trans woman with a gender Recognition Certificate (GRC), a formal document that recognizes the new gender of a human being, is protected from discrimination as a woman under the British Equal Opportunities Act.
Scotland had argued for women that rights according to the Equal Opportunities Act should only apply on the basis of the assigned sex of a person at birth. It had questioned the guidelines published by the devolved Scottish government, which accompanied a law from 2018 in order to increase the proportion of women in the areas of public sector.
The guidance of the Scottish ministers in this law found that a trans woman was legally a woman with a full GRC.
“The terms” women “and” sex “in the 2010 Equality Act refers to a biological woman and a biological sex, but we advise you to read this judgment as a triumph for one or more groups in our society at the expense of another. It is not,” said Patrick Hodge, deputy president of the Supreme Court.
Critics of the Scottish law had stated that his definition could affect individual gender services for women such as refuge, hospital stations and sports.
But transgender activists had said that if the court decided on women in Scotland, this could lead to discrimination against people with gender recognition certificates, in particular on employment questions.
Hodge said that the interpretation of the Equal Opportunities Act “Trans -Hums does not cause a disadvantage, regardless of whether they have a certificate for the detection of gender”.
“Transpers have the rights that join the protected feature of gender conversion,” he said.
Opponents, including Amnesty International, said that transgender protection protection of transgender people from the Gender Discrimination Protection had conflict with human rights laws.
Amnesty made a letter in court, which was about the deterioration of the rights for trans people in Great Britain and abroad.
“Blocking a flat -rate policy of blocking trans women from individual gender services is not a proportional means of achieving a legitimate goal,” said the human rights group.
Read the judgment of the UK Supreme Court:
