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UK’s First Trans Judge Files ECHR Complaint Over Supreme Court ‘Biological Sex’ Ruling

She argues the court breached her fair‑trial rights by refusing any trans participation in the case.

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LONDON, UNITED KINGDOM APRIL 19, 2025: Transgender people and their supporters stage a protest in Parliament Square in support of trans rights following this week's UK Supreme Court unanimous ruling that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex, in London, United Kingdom on April 19, 2025. The demonstrators argue that this ruling could result in roll back of the rights and safety of trans people as public bodies and employers update their codes of practice. (Photo credit should read Wiktor Szymanowicz/Future Publishing via Getty Images)
Members of Sex Matters outside the Supreme Court (Krisztian Elek/SOPA Images/LightRocket via Getty Images)
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Overview

  • Retired judge Victoria McCloud has lodged proceedings in Strasbourg seeking a rehearing of the April ruling that defined sex in the Equality Act by biological sex.
  • Her filing cites alleged breaches of Articles 6, 8 and 14 of the European Convention on Human Rights after the Supreme Court declined to hear from her or other trans individuals or groups.
  • McCloud is represented by barrister Oscar Davies and lawyer Olivia Campbell‑Cavendish, with support from Trans Legal Clinic and W‑Legal, which has launched a crowdfunding appeal.
  • For Women Scotland has announced court action claiming the Scottish government has not implemented the ruling, targeting schools guidance on facilities and prison placement policies.
  • The EHRC is finalising its statutory code on single‑sex services and has defended its consultation methods, while critics such as Sex Matters argue an ECHR case typically requires exhausting domestic remedies.