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Lawyers acting on behalf of Dr McCloud have filed their appeal in the European Court of Human Rights
Britain’s first transgender judge has begun the process of taking the government to the European Court of Human Rights over the Supreme Court’s ruling on biological sex.
The judgment from the Supreme Court, which ruled that trans women are not legally women under the Equalities Act, has led to warnings it would “exclude trans people wholesale from participating in UK society”. But gender critical campaigners have hailed the ruling as a victory for women.
Lawyers acting on behalf of Dr Victoria McCloud, 55, who stood down last year, filed an appeal in the ECHR arguing a breach of her rights under article six of the European Convention on Human Rights – the right to a fair and impartial hearing by an independent tribunal.
Britain’s first transgender judge has begun the process of taking the government to the European Court of Human Rights over the Supreme Court’s ruling on biological sex.
The judgment from the Supreme Court, which ruled that trans women are not legally women under the Equalities Act, has led to warnings it would “exclude trans people wholesale from participating in UK society”. But gender critical campaigners have hailed the ruling as a victory for women.
Lawyers acting on behalf of Dr Victoria McCloud, 55, who stood down last year, filed an appeal in the ECHR arguing a breach of her rights under article six of the European Convention on Human Rights – the right to a fair and impartial hearing by an independent tribunal.
Dr Victoria McCloud has filed an appeal in the ECHR arguing a breach of her rights under article six of the European Convention on Human Rights (Dr Victoria McCloud)
The judge claims the Supreme Court refused permission for her to intervene on how the issues would affect herself and other trans people.
Representing her is Oscar Davies, the UK’s first openly non-binary barrister and Olivia Campbell-Cavendish, the founder and executive director of the Trans Legal Clinic and the first black trans lawyer in the UK. This is the first case in history to be brought by a trans-led legal team.
“For the trans community, it embodies a simple truth: there must be no more conversations about us, without us”, a spokesperson for the Trans Legal Clinic said.
“At its heart lies the principle in Article 6 of the European Convention on Human Rights; the right to a fair and impartial hearing by an independent tribunal. This cornerstone of democratic societies exists to guarantee that those whose rights are affected can take part in proceedings that determine their future.”
“The Trans Legal Clinic has established a community crowdfunding campaign at www.translegalclinic.com/mccloud to help meet the costs of the case. The initiative is intended to enable members of the public to contribute directly to the proceedings, reflecting the collective interest and engagement in the issues at stake”, they added.
