The Equality and Human Rights Commission will imminently release the revised version of its Code of Practice with particular focus on transgender people, following the 16th April Supreme Court ruling in the case of For Women Scotland vs The Scottish Ministers.

As trans women we will be materially affected by the EHRC guidance, along with all transgender people. Many are concerned that the Code of Practice, which may have profound implications for basic human rights, will be laid before Parliament with prior ministerial approval, leaving no room for scrutiny or debate on this matter.

Four practical principles that serve as foundations in the drafting of sound laws are:

• Laws that are not clear in purpose and cannot be effectively enforced are not viable.
• Laws should not increase the likelihood of further litigation, with the inevitable consequence of extra costs and burden on the courts.
• Laws should not burden organisations with extra costs for no proportionate or reasonable social or economic benefit.
• Laws must be based on substantive facts and actual experience. A priori, legislation based on a supposition that an instance might arise in the future caused by an individual inevitably leads to manifest communal injustice and discrimination without substantiation, something forbidden by all human rights laws.

Laws must be compatible with pre-existing legislation. In this specific case, the proposed guidance may be contrary to the 2004 Gender Recognition Act, the 2010 Equality Act and the 1951 European Convention on Human Rights – specifically Article 8, which enshrines the right of all people to privacy in their personal lives.

We ask you to act in the best interests of equality and inclusion – and sheer moral decency – to ensure that no individual or community is marginalized and discriminated against in favour of another individual or group of people. True democracy protects minorities from would-be authoritarians and their diktats.

Please express your concerns to Bridget Phillipson and with other MPs, requiring she ensures all MPs have an opportunity to scrutinize, debate and vote on the EHRC Code of Practice before it becomes statutory law.

Sincerely yours,
Carla Ottersen and Virginia Ruth Maine
CoFounders, Transpilot Ltd