The Equalities and Human Rights Commission (EHRC) of Britain is under scrutiny due to its recommended definition of sex, which has prompted concerns from 30 LGBTQ+ and human rights organizations. The Global Alliance of National Human Rights Institutions (Ganhri) has initiated a “special review” process that could lead to the downgrading of EHRC’s accreditation as an “A status” National Human Rights Institution. If such a downgrade occurs, it would prevent EHRC from participating in the UN Human Rights Council.
EHRC’s Role and Impact
The EHRC plays a crucial role in providing guidance and enforcing legislation to protect against discrimination in the United Kingdom. Ganhri’s accreditation of organizations like EHRC grants countries access to the UN Human Rights Council and other UN bodies, making it a matter of significant international concern.
Controversial Advice and Criticism
In April of this year, EHRC advised the government to change the legal definition of sex in the Equality Act to “biological sex.” This recommendation aimed to simplify the provision of single-sex services and bring clarity to a contentious area. However, it also raised concerns about the potential exclusion of transgender individuals from specific services or groups. UN independent expert Victor Madrigal-Borloz criticized EHRC’s advice, stating that it could enable discriminatory distinctions that are currently unlawful under UK law.
EHRC’s Response and Future Commitment
Baroness Falkner, EHRC’s chairwoman, expressed disappointment at the need to defend the organization’s accreditation status but remained confident in responding robustly to any questions. She highlighted that EHRC had its “A status” re-accredited by Ganhri in October 2022, except for the controversy surrounding the advice on the definition of sex in the Equality Act.
Baroness Falkner emphasized EHRC’s commitment to protecting and promoting human rights, irrespective of the ongoing review. She explained that the interchangeability of the terms “sex” and “gender” in the Equality Act had led to confusion for service providers and organizations.
LGBTQ+ Advocacy and Special Review
LGBTQ+ charity Stonewall was among the organizations that lodged a complaint with Ganhri against EHRC. Robbie de Santos, Stonewall’s director of external affairs, welcomed the special review and pledged to provide evidence during the process. He expressed concerns about EHRC’s approach to transgender people’s rights and its political independence.
International Precedent
Notably, other countries, including Madagascar, Hungary, Nicaragua, and Afghanistan, have seen their human rights watchdogs lose their “A status” accreditation by Ganhri. EHRC now awaits the outcome of the special review, with the potential implications for both LGBTQ+ and human rights advocacy in the UK and its international representation on the UN Human Rights Council.