Dear GANHRI

Dear Katharina Rose,

We are writing to express our concern that GANHRI has put the UK’s Equality and Human Rights Commission (EHRC) under special review, in response to complaints by Stonewall and other activist organisations. We believe that these complaints are entirely malicious, and represent an attempt to undermine the efforts of the EHRC, a well established and respected National Human Rights Institution) (NHRI accorded ‘A status’ by the UN, and its chair, Baroness Kishwer Falkner, to carry out its statutory obligations.

The remit of the EHRC, as set out in the Equality Act 2010, is to promote equality and diversity and to enforce equality laws, as well as promoting and protecting human rights across Great Britain. The EHRC recognises that sometimes rights may be in conflict with each other, and an important part of its role involves adjudicating between those different rights and striking a fair balance.

Shortly after Baroness Falkner became chair of the EHRC in December 2020, the organisation intervened in the case of Forstater v CGD, arguing that Forstater’s belief that trans women were not women was covered by the belief protections of the Equality Act. It said: “We believe it is important that our courts and tribunals continue to robustly protect freedom of religion or belief.” Forstater went on to win her tribunal case, setting a legal precedent that has led to several other gender-critical feminists winning legal actions against employers for belief discrimination. These include Allison Bailey, a barrister who won her case against Garden Court Chambers in 2022, Rachel Meade, who won her case against Westminster Council and Social Work England in 2023 and Prof Jo Phoenix Vs The Open University

Rather than recognising the importance of upholding freedom of belief, Stonewall described the intervention by the EHRC in the Forstater case as a “kick in the teeth to trans people.” It now claims that the EHRC’s stance “seeks to strip trans people of legal protections, and pose a grave threat to the ability of trans people to participate in daily life with dignity and respect.” This hyperbolic claim has no basis in fact. The EHRC is doing what it is required in law to do: uphold the protections enshrined in the Equality Act.

As a consequence of gender-critical beliefs being protected under the Act, those who hold those beliefs have the right not to be discriminated against for holding those beliefs. They cannot, for example, be sacked, or denied a service, or harassed, for believing that humans cannot change sex and that biological sex matters. Upholding the rights of people to hold and express these beliefs is an important part of the EHRC’s remit, just as it is an important part of its remit to uphold the right of trans people not to be discriminated against or harassed because of their gender identity.

As Baroness Falkner herself has said in evidence to the Women and Equalities Committee: “In human rights law, it is becoming clearer that conflicts of rights where one tips the balance in favour of one group against another must be proportionate.” Yet, while the EHRC’s mandate is to adjudicate impartially between competing rights, Stonewall and its allies want the EHRC to prioritise one protected characteristic of the Equality Act (gender reassignment) above the others.

It is concerning to find that GANHRI is prepared to take the accusations of a partisan group of lobbyists at face value without considering the wider legal context in the UK, or the rights of other groups and individuals who are protected under the Equality Act.

Woman’s Place UK is a group of women in the UK from a range of backgrounds including trade unions, women’s organisations, academia and the NHS. We are united by our belief that women’s hard-won rights must be defended. We have organised 31 public meetings, 11 webinars and two conferences. These events have been hugely popular with over 15,000 tickets booked.

We urge GANHRI to reconsider its decision, and to remove the EHRC from special review.

Thank you,

Kiri Tunks & Judith Green

Woman’s Place UK Directors I Gail Cameron I Ali Ceesay I Dr. Shonagh Dillon I Cathy Devine Judith Green Co-founder I Philipa Harvey I Dr. Karen Ingala Smith I Sarah Johnson I Lucy Masoud I Kim Thomas Press Officer I Prof. Selina Todd I Kiri Tunks Co-founder I Helen Watts

[1] Forstater V CGD Europe and others https://assets.publishing.service.gov.uk/media/60c1cce1d3bf7f4bd9814e39/Maya_Forstater_v_CGD_Europe_and_others_UKEAT0105_20_JOJ.pdf

[2] Ms A Bailey v Stonewall Equality Ltd and others Case 2202172/2020 https://www.gov.uk/employment-tribunal-decisions/ms-a-bailey-v-stonewall-equality-ltd-and-others-2202172-slash-2020

[3] Ms R Meade v Westminster City Council and Social Work England (Case 2201792/2022 & 2211483/2022) https://www.gov.uk/employment-tribunal-decisions/ms-r-meade-v-westminster-city-council-and-social-work-england-2200179-slash-2022-and-2211483-slash-2022

[4] J Phoenix v The Open University and others: 3322700/2021 and 3323841/2021 https://www.gov.uk/employment-tribunal-decisions/j-phoenix-v-the-open-university-and-others-3322700-slash-2021-and-3323841-slash-2021