Human rights expert dismisses calls for gender reform bill postponement

Human rights experts in Scotland have dismissed calls to postpone controversial gender reform plans despite concerns raised by a UN official over women’s safety.

Reem Alsalem, the UN special rapporteur on violence against women and girls, wrote a nine-page letter outlining fears that the proposals to make it easier for transgender people to obtain a gender recognition certificate (GRC) could be abused by predatory men.

The Gender Recognition Reform (Scotland) Bill is currently making its way through Holyrood and would include the removal of a gender dysphoria diagnosis as a condition for obtaining a certificate.

In her letter, Ms Alsalem said the plans could “potentially open the door for violent males who identify as men to abuse the process”.

Concerns have also been raised by critics about the impact the Bill could have on single-sex spaces, with fears it could put women at risk.

Under the 2010 Equality Act, people who have undergone gender reassignment can be legally refused entry to single-sex spaces for certain reasons, such as a women’s refuge or changing area.

Ian Duddy, chair of the Scottish Human Rights Commission (SHRC), told a Holyrood committee the issues raised by the special rapporteur have already been discussed at length by the Scottish Parliament and experts.

He also told the Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee that Ms Alsalem’s letter contradicted a letter written by her in 2021.

He said: “She is one voice of several within the UN and there are a range of opinions within the UN.

“I note that the letter she recently submitted contradicts an earlier letter she sent in 2021 where she appeared to support self-ID with a number of other UN special rapporteurs.

“We are working through our response but my personal view is that I’m not convinced she has provided new evidence that has not already been debated at length within Parliament.”

He said the SHRC stood by its submission to the committee in June which said that “unnecessary barriers to legal recognition can be removed while upholding the rights of all”.

In response to a question by Tory MSP Pam Gosal on whether the Bill should be postponed to consider Ms Alsalem’s concerns, he said: “We think the Bill is appropriate in terms of striking that balance and simplifying a process that already exists in terms of issuing gender recognition certificates.”

Committee chair Joe FitzPatrick said there had been no correspondence from Ms Alsalem regarding providing evidence to MSPs.

Mr Duddy also referenced the heated debate the gender reform proposals has created – especially on social media.

“I am concerned as well about an underlying narrative that’s being developed that trans people are sexual predators,” he said.

“I worry about that because they are a marginalised and vulnerable group.”

He added: “We think women’s rights and trans rights can go hand in hand. Human rights are indivisible and we don’t think there’s a hierarchy of rights.”