Up Against It
The Grand Chamber ruled that Caster Semenya did not benefit from a fair hearing contrary to Article 6(1) European Convention on Human Rights. However, it did not extend Switzerland’s jurisdiction to her substantive complaints under Article 8 ECHR, taken alone or in conjunction with Article 14 ECHR, which go to the heart of her case. Although the GC was up against it in the current stormy political landscape of sex and gender, it could have gone further to protect fundamental rights.
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Back to Binary Basics
On April 16 2025, the UK Supreme Court delivered its decision on a fundamental question regarding the interpretation of the terms “sex” and “woman” under the Equality Act. The Court unanimously held that, under the Equaliy Act, the meaning of the word “woman” must be restricted to “biological” women, and does not include trans women, even those who have legally changed their gender under the Gender Recognition Act. The decision risks undermining the UK’s equality law framework and marks a troubling regression in gender rights.
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