UK Supreme Court Ruling Affirming Biological Sex Wins UN Rapporteur’s Praise

The decision in For Women Scotland Ltd v The Scottish Ministers has been welcomed by Reem Alsalem, the UN Special Rapporteur on violence against women and girls, as a critical milestone in affirming the biological understanding of sex in law and policy.

In a landmark ruling issued on 16 April 2025, the United Kingdom’s Supreme Court delivered a judgment with far-reaching implications for the interpretation and application of the Equality Act 2010, particularly in matters concerning sex and gender. The decision in For Women Scotland Ltd v The Scottish Ministers has been welcomed by Reem Alsalem, the UN Special Rapporteur on violence against women and girls, as a critical milestone in affirming the biological understanding of sex in law and policy.

Supreme Court Ruling: Key Highlights

The UK Supreme Court concluded that the term “sex” in the Equality Act 2010 must be understood in its ordinary, biological sense. This means that "woman" refers to a biological female and "man" to a biological male, regardless of any gender recognition status an individual might hold under the Gender Recognition Act 2004.

The Court specifically ruled against the Scottish Government’s interpretation that individuals born male but holding a Gender Recognition Certificate (GRC) could be treated as women under legislation intended to increase female representation on public boards. The Court deemed this position as unlawful, emphasizing that such a reading undermines the legislative intent of single-sex provisions designed to protect biological women.

UN Rapporteur Reem Alsalem Applauds the Judgment

Reem Alsalem expressed strong support for the decision, describing it as a “triumph of reason and science in policy making” and a reaffirmation of basic biological realities. According to Alsalem, the ruling does not introduce new law but clarifies existing provisions, reinforcing the importance of material definitions when addressing women's human rights.

Alsalem underscored that the decision vindicates countless women’s rights advocates, including lesbian feminists and grassroots organizations, who have long argued that recognition of biological sex is essential for safeguarding sex-based rights. These individuals and groups, she noted, have faced vilification and hostility for asserting positions now backed by the UK’s highest court.

Balance Between Rights and Protections

Significantly, the Special Rapporteur praised the Court for its nuanced approach in balancing competing rights—those of women as a sex class and those of transgender individuals. She highlighted the Court’s recognition that single-sex exceptions are lawful where they are “legitimate, proportionate, and necessary,” particularly in sensitive environments like shelters, prisons, and healthcare settings.

“This ruling allows for the legitimate preservation of single-sex spaces without invalidating the dignity or rights of transgender persons,” Alsalem emphasized. She advocated for creative and lawful solutions such as the inclusion of mixed-sex facilities alongside single-sex ones, to accommodate diverse needs without compromising hard-won protections for women and girls.

Broader Implications and Institutional Responsibilities

Alsalem welcomed the commitment of the UK Government and devolved administrations in Scotland and Wales to uphold the ruling. She also commended the Equality and Human Rights Commission for swiftly releasing interim guidance on the implications of the judgment, aiding institutions in its implementation.

However, she expressed concern over deliberate attempts by some groups to misrepresent the ruling and incite hostility against the judiciary and the women who pursued the case. Alsalem called on public authorities, including law enforcement and the judiciary, to take firm steps to ensure the safety of these women and their supporters, many of whom have received threats and abuse.

The Rapporteur further urged all public and private institutions—employers, educational bodies, healthcare providers like the NHS, and custodial institutions such as prisons—to promptly align their policies with the ruling. She encouraged regulatory bodies to disseminate accessible guidance to support compliance and increase public understanding of the changes.

International Relevance

In her concluding remarks, Alsalem encouraged policymakers around the world to study the UK judgment closely. Many countries currently navigating complex legal questions involving sex and gender identity could find value in the Supreme Court’s reasoning and principled clarity. She expressed hope that similar protections for biological women’s rights can be enshrined in other jurisdictions, particularly where current policies risk conflating gender identity with sex to the detriment of female-specific provisions.

“This is a turning point for women’s rights globally,” Alsalem declared. “It offers a path forward where the dignity, safety, and equality of all can be preserved without erasing the legal and material reality of sex.”