Challenging the EHRC Draft Code of Practice
Challenging the EHRC Draft Code of Practice
The Equality and Human Rights Commission’s Draft Code of Practice (CoP) on services, public functions, and associations - issued following the Supreme Court’s judgment in For Women Scotland v The Scottish Ministers - was published on 21 May 2026. Its contents have generated profound concern and alarm among trans people, as well as their families, friends, and wider communities of support.
The draft raises significant questions about compliance with fundamental human rights principles.
In particular, it risks inadvertently “outing” trans individuals, exposing them to serious forms of harm. This includes restricting access to appropriate facilities and increasing vulnerability to harassment, discrimination and the risk of violence.
Moreover, it undermines the ability of cisgender women who recognise trans women as women to freely associate with them, weakening principles of dignity, inclusion and equal participation in public life.
The Government’s own Equality Impact Assessment acknowledges that the draft disproportionately disadvantages trans people. Within days of its publication, the CoP has attracted substantial criticism from various human rights organisations, both domestically and internationally.
True equality cannot be achieved through segregation or by marginalising minority communities. Yet, this is the practical effect of what the draft proposes.
As a trans woman with legal recognition - having undergone gender-affirming processes and obtained a Gender Recognition Certificate - I am in a strong position to challenge the legality of the CoP.
If the draft is not rejected or substantially revised, I am willing and intend to pursue a judicial review. You can help me do that.
I am now seeking support to fund this legal challenge, which is becoming increasingly necessary as the likelihood of implementation grows.
I am incredibly grateful to the many people who have already offered their support.
All contributions will go directly toward the costs of bringing a judicial review, including pre-action work. Should there be any surplus funds, these will be donated to the TransLucent legal fund.
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Note: This case page was originally titled 'Justice for Steph: The Fight for Political Inclusion' and was updated 3rd June 2026.
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