Author | Lightnews

novicewatcher.bsky.social @novicewatcher.bsky.social · 2h

… only if “the conduct” is a PMOALA. Sch 3 paras 26 and 27 provide *no* exemption for direct gender reassignment discrimination.

That’s why the 2011 Code of Practice is correct.

novicewatcher.bsky.social @novicewatcher.bsky.social · 2h

In my view, this was also an oversight that J. Henshaw made in AEA v EHRC. He noted that a PCP of access strictly by birth sex is indirectly discriminatory on grounds of gender reassignment; but it is also directly discriminatory for the above reason.

Only Sch 3 para 28 provides an exemption and…

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novicewatcher.bsky.social @novicewatcher.bsky.social · 2h

I’ve noted this as well. Denying trans people access to the space matching their lived gender (while granting such access to cis people) is direct discrimination because a) it is unfavourable treatment b) it meets the exact correspondence test (only trans people get this unfavourable treatment)

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novicewatcher.bsky.social @novicewatcher.bsky.social · 12h

It’s always utterly dickless men obsessed with penises isn’t it?

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novicewatcher.bsky.social @novicewatcher.bsky.social · 12h

You are successfully annoying all the right people. Well done !

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novicewatcher.bsky.social @novicewatcher.bsky.social · 12h

Trans Exile Network are backing this too:

bsky.app/profile/huma...

Victoria McCloud 🏳️‍⚧️🌈‍♾️ @humanrightsvicky.bsky.social · 14h

ALL: please spread far and wide. The Trans Exile Network was aware of preparations for this and supports it. We will release a PR of our own shortly also. Note that Amnesty are supporting.

There will also be more from TEN shortly on another initiative.

Stay safe

transactual.org.uk/blog/2025/10...

Equality and Human Rights Commission faces a devastating challenge for yet again violating its human rights obligations – TransActual

transactual.org.uk

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novicewatcher.bsky.social @novicewatcher.bsky.social · 12h

Trans Exile Network are backing this too:

bsky.app/profile/huma...

Victoria McCloud 🏳️‍⚧️🌈‍♾️ @humanrightsvicky.bsky.social · 14h

ALL: please spread far and wide. The Trans Exile Network was aware of preparations for this and supports it. We will release a PR of our own shortly also. Note that Amnesty are supporting.

There will also be more from TEN shortly on another initiative.

Stay safe

transactual.org.uk/blog/2025/10...

Equality and Human Rights Commission faces a devastating challenge for yet again violating its human rights obligations – TransActual

transactual.org.uk

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novicewatcher.bsky.social @novicewatcher.bsky.social · 14h

transactual.org.uk/blog/2025/10...

Equality and Human Rights Commission faces a devastating challenge for yet again violating its human rights obligations – TransActual

transactual.org.uk

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novicewatcher.bsky.social @novicewatcher.bsky.social · 14h

Trans Actual release here:
transactual.org.uk/blog/2025/10...

Equality and Human Rights Commission faces a devastating challenge for yet again violating its human rights obligations – TransActual

transactual.org.uk

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novicewatcher.bsky.social @novicewatcher.bsky.social · 15h

Important that Amnesty are also backing this. Well done everyone on this renewed challenge to GANRHI.

TACC @tacc.org.uk · 15h

🚨 Joint Statement

This formal challenge to the EHRC’s fitness for purpose has been brought by @transactualuk.bsky.social, @amnestyuk.bsky.social k.bsky.social and @transsolidarity.bsky.social

Together they have reported the EHRC
to the Global Alliance of National Human Rights Institutions (GANHRI)

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novicewatcher.bsky.social @novicewatcher.bsky.social · 1d

They had one last week too. Last before that were 3rd September and 16th July. Certainly seem busy this month:
committees.parliament.uk/committee/93...

Human Rights (Joint Committee) - Events - Committees - UK Parliament

The Joint Committee on Human Rights consists of twelve members, appointed from both the House of Commons and the House of Lords, to examine matters relating to human rights within the United Kingdom, ...

committees.parliament.uk

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novicewatcher.bsky.social @novicewatcher.bsky.social · 2d

Provided sex characteristics are defined as “physiological and other characteristics of sex” (I.e. including social and psychological characteristics) then that seems like the way to go.

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novicewatcher.bsky.social @novicewatcher.bsky.social · 2d

It’s never been possible for GCs to articulate any coherent goal other that “to make life intolerable for trans people”. It’s also become increasingly obvious that this *is* their goal and always has been.

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novicewatcher.bsky.social @novicewatcher.bsky.social · 2d

… because it tells discriminators precisely what to avoid and allows them to discriminate in some other way instead.

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novicewatcher.bsky.social @novicewatcher.bsky.social · 2d

And yes, there can be exemptions for specific services, but again it’s best to allow service providers to separate (or exclude) based on *any* characteristic of sex or gender that they can readily observe, subject to a PMOALA test of course. Vagueness is good in equality law… precision generally bad

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novicewatcher.bsky.social @novicewatcher.bsky.social · 2d

It is a bit silly, because the best way to prevent discrimination against either sex or gender is of course to leave the categories vague … so thar discriminating on *any* sex or gender characteristic (or combination thereof) is direct discrimination.

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novicewatcher.bsky.social @novicewatcher.bsky.social · 5d

”Protected philosophical belief” only protects transphobes. I’m fairly sure the EHRC are drafting a Code of Practice to say that...

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novicewatcher.bsky.social @novicewatcher.bsky.social · 6d

Personally I’ve been wondering how you‘ve lasted this long, because it would have turned me into a gibbering wreck within months…

Give yourself a break. Work out your own plans as a couple for how to stay safe. And enjoy those golden fifties.

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novicewatcher.bsky.social @novicewatcher.bsky.social · 6d

Exactly! Even cervical screening doesn’t qualify as a service that only one ”sex“ has need for, because AMAB people occasionally have one (because of e.g. PMDS and a few other rare conditions).

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novicewatcher.bsky.social @novicewatcher.bsky.social · 6d

When “sex characteristics” start being defined in terms of things you used to have, rather than things you currently have, the game is up really.

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novicewatcher.bsky.social @novicewatcher.bsky.social · 6d

Well any sex characteristic that a service provider could actually observe in practice is dissociable from sex assigned at birth and hence from “sex” according to the FWS judgment. The only exceptions seem to be medical services. This isn’t the only part of FWS that shoots itself in the foot.

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novicewatcher.bsky.social @novicewatcher.bsky.social · 7d

They were probably expecting it would take at least 6 years for the Council of Europe to get involved.
So was I.

6 months is insanely fast.

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novicewatcher.bsky.social @novicewatcher.bsky.social · 7d

One of the dirtiest tactics of the political right is to recruit members of one minority to attack another. We don’t play that game.

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novicewatcher.bsky.social @novicewatcher.bsky.social · 7d

The House of Lords reference to “bullying by the EHRC” was - I suspect - about this.

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novicewatcher.bsky.social @novicewatcher.bsky.social · 7d

You do wonder what extra information was requested… evaluation of the consultation responses perhaps?

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