"Gender critical" beliefs and the European Convention on Human Rights

Paul James Johnson

"Gender critical" beliefs and the European Convention on Human Rights

Department of Sociology

Research output: Contribution to journal › Comment/debate › peer-review

Abstract

An Employment Tribunal in the UK has held that a person who believes that sex is biologically immutable and that it is impossible for a human being to change sex does not qualify for protection under British equality law. To reach this conclusion, the Employment Tribunal relied upon the established jurisprudence of the European Court of Human Rights in respect of the rights and freedoms of transgender people. The judgment of the Employment Tribunal, which is a vital assertion of the underlying principles of equality law in response to "gender critical" beliefs, can be regarded as consistent with the judgment of the High Court of England and Wales in respect of the freedom to express gender critical views.

Original language	English
Pages (from-to)	116-121
Number of pages	6
Journal	European Human Rights Law Review
Volume	2020
Issue number	2
Publication status	Published - 2020

Bibliographical note

This is an author-produced version of the published paper. Uploaded in accordance with the publisher’s self-archiving policy. Further copying may not be permitted; contact the publisher for details

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Gender Critical beliefs and ECHR
This is an author-produced version of the published paper. Uploaded in accordance with the publisher’s self-archiving policy. Further copying may not be permitted; contact the publisher for details
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Cite this

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AB - An Employment Tribunal in the UK has held that a person who believes that sex is biologically immutable and that it is impossible for a human being to change sex does not qualify for protection under British equality law. To reach this conclusion, the Employment Tribunal relied upon the established jurisprudence of the European Court of Human Rights in respect of the rights and freedoms of transgender people. The judgment of the Employment Tribunal, which is a vital assertion of the underlying principles of equality law in response to "gender critical" beliefs, can be regarded as consistent with the judgment of the High Court of England and Wales in respect of the freedom to express gender critical views.

M3 - Comment/debate

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