UN Expert Warns UK Has Failed to Implement Supreme Court Ruling on Sex-Based Rights

A United Nations human rights expert has expressed serious concern over the United Kingdom's failure to ensure the effective implementation of a landmark Supreme Court judgment clarifying that the term "sex" in the Equality Act 2010 refers to biological sex.

Reem Alsalem, the UN Special Rapporteur on violence against women and girls, warned that the continued absence of updated guidance and enforcement measures has led to widespread non-compliance nearly a year after the ruling.

"The continued absence of clear, updated guidance and effective enforcement measures has resulted in widespread non-compliance with the Supreme Court's ruling," Alsalem said.

"This situation undermines legal certainty with particularly serious consequences for women and girls."

Judgment Welcomed but Still Not Enforced

Alsalem welcomed the Supreme Court's decision in her report following a recent visit to the UK, describing it as an important step toward resolving years of legal uncertainty around sex-based protections.

She urged the Government to ensure that all public and private institutions uphold the ruling and that society receives clear guidance on its implications.

"Without implementation, a court judgment offers little protection in practice," she said.

"Women and girls are left exposed to continued rights violations and are often compelled to rely on litigation to enforce protections that should already be guaranteed by law — an option that is prohibitively costly and inaccessible for many."

One Year On, No Binding Guidance Issued

The Supreme Court ruling, delivered on 16 April 2025 in For Women Scotland v The Scottish Ministers, was intended to clarify that sex-based rights under the Equality Act apply to biological sex.

However, Alsalem noted that the judgment has not yet been translated into binding guidance or enforced consistently across public authorities and service providers.

She expressed particular concern that non-compliance appears to extend even to major public institutions, including:

• The National Health Service

• The prison service

• Universities

• Schools

• Government departments and public sector bodies

Outdated Codes Still Being Used

Alsalem highlighted reports that many public bodies claim they are still awaiting government action to secure parliamentary approval of the Equality and Human Rights Commission's revised Code of Practice on Services, Public Functions and Associations.

Meanwhile, the earlier 2011 Code of Practice, now outdated and inconsistent with the Supreme Court ruling, reportedly remains in use.

This, she warned, has deepened confusion and weakened protections intended to safeguard women's rights.

Single-Sex Protections Central to Safety and Dignity

The expert stressed that the ruling was meant to clarify women's rights to single-sex services, facilities, associations and sports — protections that are central to ensuring:

• Safety

• Privacy

• Dignity

• Effective prevention of male violence against women and girls

As the first anniversary of the judgment approaches, Alsalem urged the Government to act without delay.

"Prompt issuance of compliance guidance and decisive enforcement are essential to give effect to the Supreme Court's ruling," she said.

"Failure to do so not only weakens legal protections for women and girls, but risks eroding public confidence in the rule of law."

UK Urged to Reaffirm Leadership on Women's Rights

Alsalem recalled that the UK has long been regarded as a global leader in addressing violence against women and girls.

She said swift implementation of the Supreme Court judgment would send a clear signal of the UK's continued commitment to upholding women's rights and respecting the authority of its highest court.

"Swift and effective implementation of this judgment would send a clear signal of the UK's continued commitment to upholding women's rights and the authority of its highest court," she said.