TransActual UK, Amnesty International UK and Trans+ Solidarity Alliance have reported the Equality and Human Rights Commission (EHRC) to the Global Alliance of National Human Rights Institutions (GANHRI), calling for the organisation to be downgraded as an internationally-accredited human rights body.  

The group of trans and human rights organisations are concerned that the EHRC, which currently holds an ‘A’ grade accreditation with GANHRI, is failing to comply with the ‘Paris Principles’ that set out the minimum standards that national human rights institutions must meet to be considered credible and to operate effectively.  

Complementary submissions to GANHRI have also been made by the Trans Advocacy and Complaints Collective and by Scottish Trans. 

Following the Supreme Court Judgement in April, the EHRC’s ‘interim guidance’ and draft code of practice mandated the exclusion of trans people from single sex spaces in line with their gender, and in certain circumstances from spaces that align with their sex assigned at birth.  This approach would leave trans people, and some cis people, at greater risk of violence and discrimination and would violate international human rights protections relating to human dignity and freedom.  

Multiple domestic and international human rights bodies, including 18 UN independent experts, the Commissioner for Human Rights for the Council of Europe and the Scottish Human Rights Commission, have raised concerns about the EHRC’s handling of the code of practice. The Minister for Women and Equalities, who is responsible for approving the updated code, has also publicly expressed concern.  

Chiara Capraro, Amnesty International UK’s Gender Justice Programme Director, said:  

“The EHRC has for several years unhelpfully pitted the rights of women and trans people against each other. Its proposals for a code of practice would mandate services to violate trans people’s right to privacy and dignity. Cis people would be affected too, especially cis women who present as gender non-conforming.  

“This is clearly a state of emergency for trans people, but the EHRC’s dereliction of its duty could extend to other marginalised groups. At a time when forces hostile to human rights are on the rise in the UK and globally, we cannot afford to have a national human rights institution that is not fit for purpose.” 

Tammy Hymas, TransActual’s Policy Lead, said:  

“The UK's so-called human rights watchdog is failing in its duties to uphold the rights of all people across our country. After years of politicised appointments and an obsessive campaign to strip trans people of our basic rights, the EHRC is now trying to bounce an elected Government into implementing a bathroom ban for trans people.”  

Vic Valentine, Scottish Trans’ Manager, added:    

“We should be able to rely on our national human rights institution to protect and promote the rights of everyone. Right now, we face the real possibility of trans people being excluded and segregated from services and workplaces on a daily basis. Instead of the EHRC trying to prevent that, they’re actively pushing to make it happen.”  

A representative from the Trans Advocacy and Complaints Collective also said:  

“The EHRC has abandoned its duty to protect trans, nonbinary, and Intersex people’s human rights. It no longer meets the Paris Principles, required of a credible national human rights Institution.” 

Breaching the ‘Paris Principles’ 

The 'Paris Principles' set out the minimum standards that national human rights institutions must meet in order to be considered credible and to operate effectively. Previous concerns were raised in 2022 and 2023 about the EHRC's compliance, leading GANHRI to carry out a special review. The EHRC managed to retain its 'A' status at that time. However, that review also gave clear recommendations as to how the EHRC must work to ensure compliance. 

The submissions made this week provide detailed evidence of how the EHRC has not only failed to comply with these recommednations, but has continued to violate assurances it previously gave to GANHRI in order to retain its 'A' status. The EHRC has also engaged in additional and/or worsening breaches of the 'Paris Principles' since the special review, including failures in the areas of: 

• The protection and promotion of human rights 

• International engagement and alignment 

• Independence from government 

• Pluralism 

• Cooperation with other human rights organisations and civil society groups