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

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Publication details

JournalEuropean Human Rights Law Review
DatePublished - 2020
Issue number2
Number of pages6
Pages (from-to)116-121
Original languageEnglish


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.

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