Reem Alsalem, the Human Rights Council-appointed Special Rapporteur on violence against women and girls, expressed concern on Tuesday over public criticism of draft guidance issued on 21 May by the UK’s Equality and Human Rights Commission (EHRC).
The guidance – formally known as EHRC’s draft Code of Practice – sets out how organizations should apply the Supreme Court’s ruling in practice, including when single-sex spaces and services should be provided on the basis of biological sex.
This follows an April 2025 UK Supreme Court ruling that in line with the Equality Act 2010, the legal definition of “sex” refers to biological sex rather than gender identity.
The decision affects how equality law is applied in areas such as single-sex spaces and services, including changing rooms, hospital wards and refuges for survivors of domestic abuse.
The judgment has fueled a broader debate over how UK law should balance protections for women and transgender people.
Supporters argue the ruling provides greater legal clarity and strengthens safeguards for women-only spaces, while critics say it risks excluding or discriminating against trans people.
Ms. Alsalem said the public response to the draft Code of Practice highlighted “how fragile the protection of women’s rights remains” and how easily women’s rights to “safety, privacy and dignity are challenged.”
Single-sex protections
The independent rights expert said single-sex spaces and services have long been recognised as an important safeguard for women and girls, particularly where privacy, dignity and protection from male violence are concerned.
She noted that international human rights law allows States to adopt sex-based measures when they pursue a legitimate aim and are necessary to ensure women’s equal enjoyment of human rights.
“It is difficult to reconcile opposition to lawful single-sex services with repeated commitments to ending violence against women and girls,” she said.
Ms. Alsalem also addressed debate over provisions in the draft guidance concerning requests for information about a person’s sex, arguing that sex is an objective characteristic that remains relevant in a range of legal and social contexts, including where laws provide for single-sex spaces and services.
She said proportionate inquiries may sometimes be necessary to ensure compliance with the law.
Call to uphold the law
Ms. Alsalem called on the UK Government and devolved administrations to state clearly that the law should be respected and implemented.
She also urged political leaders, the media, businesses and civil society to work constructively toward implementing the Supreme Court’s judgment in line with domestic law and the UK’s international human rights obligations.
Rapporteurs and other independent experts are not UN staff, receive no salary for their work and operate independently from any government or organization.
