The Equalities and Human Rights Commission (EHRC) faces a “special review” by the Global Alliance of National Human Rights Institutions (Ganhri) over its recommended definition of sex, potentially leading to a downgrade and loss of accreditation.
The Equalities and Human Rights Commission (EHRC), the UK’s human-rights watchdog, is facing a potential downgrade and loss of accreditation by the Global Alliance of National Human Rights Institutions (Ganhri) due to its recommended definition of sex. This review process could result in the EHRC being unable to sit on the UN Human Rights Council, jeopardizing its role in providing guidance and enforcing legislation to protect against discrimination. The review comes after concerns were raised by 30 LGBTQ+ and human-rights organizations. The EHRC has defended its position, stating its commitment to impartiality and evidence-based decision-making.
1. Controversy over the EHRC’s Recommended Definition of Sex:
The EHRC advised the government in April to change the legal definition of sex in the Equality Act to “biological sex.” This recommendation aimed to provide clarity and simplicity in offering single-sex services but has been criticized for potentially excluding transgender individuals from specific services or groups. UN independent expert Victor Madrigal-Borloz criticized the EHRC’s advice, stating that it could lead to discriminatory distinctions that are currently unlawful under UK law.
2. Implications of Ganhri’s Special Review:
Ganhri’s special review of the EHRC could result in the removal of its accreditation as an “A status” National Human Rights Institution. This would mean the EHRC would lose its seat on the UN Human Rights Council and other UN bodies. Accreditation by Ganhri allows countries access to these influential platforms for promoting and protecting human rights. The review process is a response to concerns raised by LGBTQ+ and human-rights organizations regarding the EHRC’s recommended definition of sex.
3. EHRC’s Defense of its Position:
Baroness Falkner, the chairwoman of the EHRC, expressed disappointment at the need to defend the organization’s accreditation status but remains confident in its ability to respond robustly to any questions. She emphasized the EHRC’s commitment to protecting and promoting equality and human rights for all. The EHRC’s role is to carefully consider the rights of different individuals or groups, based on evidence, and ensure that one person’s rights do not infringe upon another’s.
4. Criticisms and Support for the EHRC:
Critics argue that the EHRC’s advice on changing the legal definition of sex could lead to discrimination against transgender individuals. However, the EHRC maintains that the Equality Act’s use of the terms “sex” and “gender” interchangeably creates confusion and a lack of clarity for service providers and organizations. Baroness Falkner highlighted that the EHRC’s “A status” accreditation was reconfirmed by Ganhri in October 2022 and that the controversial issue was the advice given to the Minister for Women and Equalities regarding the definition of sex.
Conclusion: The EHRC’s recommended definition of sex has sparked controversy and led to a special review by Ganhri, potentially resulting in a downgrade and loss of accreditation. The EHRC defends its position, arguing for clarity and simplicity in the Equality Act’s language. As the review process unfolds, the implications for the EHRC’s role in promoting and protecting human rights remain uncertain. Regardless of the outcome, the EHRC remains committed to its mission of safeguarding equality and human rights in the UK.
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