UN Expert Concerned By UK Failure To Enforce Supreme Court Ruling On Sex-Based Protections

GENEVA (5 February 2026) – A UN expert today 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.

“The continued absence of clear, updated guidance and effective enforcement measures has resulted in widespread non-compliance with the Supreme Court’s ruling,” said Reem Alsalem, the Special Rapporteur on violence against women and girls. “This situation undermines legal certainty with particularly serious consequences for women and girls.”

The Special Rapporteur welcomed the ruling in her report following her recent visit to the United Kingdom. She recommended that the UK Government ensure that all public and private institutions uphold the Supreme Court ruling , and that it provide the necessary guidance to all segments of society to understand the implications of the ruling.

“Without implementation, a court judgment offers little protection in practice,” Alsalem 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.”

Nearly one year after the Supreme Court’s ruling of 16 April 2025 in For Women Scotland v The Scottish Ministers, the expert noted that the judgment is yet to be translated into binding guidance or enforced across public authorities and service providers. The expert expressed particular concern that non-compliance appears to extend to government departments and public sector bodies, including the National Health Service, the prison service, universities and schools.

“Although the UK Government has accepted that the Supreme Court judgment reflects the law, many public bodies reportedly claim they are 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,” the expert said. “At the same time, the earlier 2011 Code — now outdated and inconsistent with the ruling — reportedly remains in use.”

She stressed that the judgment was intended to resolve years of legal confusion surrounding women’s rights to single-sex services, facilities, associations and sports — rights that are central to safeguarding women’s safety, privacy and dignity, and to combating male violence against women and girls. As the first anniversary of the judgment approaches, the expert urged the Government to act without further delay.

“Prompt issuance of compliance guidance and decisive enforcement are essential to give effect to the Supreme Court’s ruling,” the expert said. “Failure to do so not only weakens legal protections for women and girls, but risks eroding public confidence in the rule of law.”

Alsalem recalled that the United Kingdom has long been regarded as a leader in addressing violence against women and girls and its consequences.

“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.

Notes:

Reem Alsalem is the Special Rapporteur on violence against women and girls, its causes and consequences

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