THE UK’s first trans judge has launched a case against the UK Government in the European Court of Human Rights (ECHR) over the Supreme Court's gender ruling.
Dr Victoria McCloud – the only judge in the UK to publicly say they are transgender – is seeking a rehearing of the case, arguing that the Supreme Court undermined her article 6 rights to a fair trial when it failed to consider human rights arguments that would have been put by trans people – including herself.
In April, the Supreme Court ruled that "women" were defined by biological sex under the Equality Act 2010.
The court took interventions from a number of gender-critical groups including Sex Matters and For Women Scotland, who first brought the case and is now attempting to sue the Scottish Government – accusing it of refusing to abide by April’s judgment, particularly when it comes to schools and prison policy.
McCloud, who is supported by Trans Legal Clinic and W-Legal, said the application was brought under articles 6, 8 and 14 of the European Convention on Human Rights.
“Following the 'For Women Scotland' case in the Supreme Court, the UK has been red flagged with a genocide warning internationally and harsh measures such as segregation within hospital wards behind special screens and curtains, strip searches by police using male officers to search anatomically female trans people, bathroom bans, and a range of other measures,” she wrote.
“Amid all this hundreds of us with our families are leaving the UK where we can afford it, for safer shores. But there can be no question of abandoning our community for any of us. The immediate future will necessarily involve a great deal of strategic legal action and other steps within the legal sphere.
"We have much to do, and many many avenues to pursue here and abroad in pursuit of the restoration of normality to the UK for trans, non-binary and even lesbian women affected by the FWS decision, and everyone else being impacted by this obnoxious state of affairs.”
McCloud added that the group is taking on the case “in defence of the rights and freedoms of trans people”.
“I encourage anyone who can, to participate and support our fight. There is no space for decision making about us, without us,” she went on.
“I intend, with our wonderful team at the Trans Legal Clinic, our counsel Oscar Davies, Jenn Lawrence and Amanda Weston KC, and all the dedicated people working with us, to ensure that there will be no peace for the Gender Critical Ideological Movement, the Labour Government appeasing it, or space in our schools, homes and workplaces for an ideology which causes harm, misery and oppression of a small and law abiding minority in our formerly tolerant country. ”
