Victoria McCloud, the UK’s first transgender judge, has filed a case against the UK government at the European Court of Human Rights (ECHR), claiming her right to a fair trial was violated during a landmark Supreme Court case on the legal definition of biological sex.
McCloud, now a litigation strategist, argues that the court’s April ruling — which held that the Equality Act 2010 does not include transgender women with Gender Recognition Certificates (GRCs) in the legal definition of “woman” — was made without hearing from any transgender individuals or groups. Her request to intervene in the case was denied without explanation, despite the potential impact on the estimated 8,500 people in the UK with GRCs.
Supported by the Trans Legal Clinic and W-Legal, McCloud is challenging the process under Articles 6, 8, and 14 of the European Convention on Human Rights, citing violations of the rights to a fair trial, privacy, identity, and protection from discrimination.
“No one represented us. The court reversed our legal sex without our input,” McCloud said, adding that the ruling forces trans women into male spaces like changing rooms or rape crisis centres, regardless of their anatomy or safety concerns.
The case originates from a legal challenge brought by gender-critical campaign group For Women Scotland against the Scottish government. The group successfully argued that the legal definition of “woman” in the Equality Act should exclude trans women with GRCs.
Following the ruling, guidance from the Equality and Human Rights Commission (EHRC) suggested a broad interpretation that could bar trans people from using facilities that match their gender identity. Many public bodies and service providers are awaiting a final EHRC code of practice, expected to be submitted to the equalities minister soon.
Meanwhile, For Women Scotland has launched fresh legal action against the Scottish government, accusing it of failing to implement the court’s decision—particularly in schools and prisons—promptly enough.
EHRC chief executive John Kirkpatrick recently defended the commission’s process in a blog post, dismissing media claims of delays and explaining its use of AI technology to process consultation responses efficiently.
