Indeed OldCrone.
Part of me thought about how it might improve things if gender was recognised in law as a belief/religion rather than what it is now. Thats still problematic though and doesn't resolve the issue of where you have sex / religion / gender / sexual orientation / disability / age / race as protected beliefs which have competing issues.
The fundamental problem is the failure to recognise the fact that there are conflicting interests and that they impact on each other, even if thats not malicious / does no harm.
The most basic principles of Human Rights Law is to a) recognise where these conflicts occur and to acknowledge this may cause an issue b) to identify situations or issues which may cause harm to particular groups c) to identity the most vulnerable / powerless group in that dynamic and to act to give them power / properly represent their real interests on their behalf d) to balance the interests of both whilst seeking primarily to do no harm (where this is possible, otherwise to do as little harm as possible). Basically your safeguarding 101 but under the 'Human Rights' tag. (I note here that 'safeguarding' as a phrase/movement is deeply unfashionable whilst Human Rights is something that everyone wants to get on the bandwagon of. The great irony being they are infact the same thing and can not be separated. Human Rights can not exist without proper safeguarding.)
Since both the left and right in this country have taken leave of their senses and forgotten these underlying principles, I think we are in a world of trouble whatever happens in the next 5 to 10 years. And probably a lot longer than that into the future. The path is already set.
We are already facing a review of the Human Rights Act. And we are likely to then see a review of our membership of the ECHR. This isn't a good thing.
As it stands the Equality Act 2010 already is failing in practice because its not being properly implimented due to the influence of various lobby groups and trying to get it properly enforced is prohibitive because of the cost of legal action and the fact that the most vulnerable are not really in much of a position to take up the charge with legal challenges anyway (for a number of reasons).
In reality it should be politicians who take the lead on protecting the most vulnerable in society and upholding safeguarding. What we are seeing, however, is either rather cowardly dodging of contensious issues because public image and party political lines are more important (because The Culture War) OR politicians actively forgetting the principles of human rights and in the process failing the most vulnerable in society.
That it takes a court ruling to get the fact recognised that we are experiementing on children with drugs and worst still without proper oversight and monitoring over a long time period, and WE STILL see people shouting and screaming about how the human rights of these children are being violated, is deeply disturbing. And rather illustrates the point.
Until we have a renaissance in thinking and support for human rights and what underpins them then we are going to have serious problems.
Its possible (though I think highly unlikely) that a review of the Human Rights Act will spark a proper adult debate on the subject (I think its more likely to pan out as people shouting abuse at each other and generally not being civilised human beings on either side).
Unfortunately though I think that the only thing that will properly spark the renaissance is multiple mass scandals / a major abuse of human rights in this country that outrages and shocks the majority into a state of true horror on a scale that blows your mind. (War and genecide has been the catalyst in the past so thats your bench mark).
None of this is pretty and its much more likely we will see 'low level' patterns of abuse being tolerated / facilitated / enabled for a very long time to come. With lots of 'well meaning' politicians and activists feigning deep regret and surprise (as if they haven't been warned of the possiblity of these abuses and the poor standard / lack of safeguarding) along the road.
I really don't see any meaningful level of countermovement at present coming from anywhere really. What exists is still very much fringe, and often framed in a negative manner by those with vested interests in power. Instead what we are getting is just a slow erosion of the underlying principles of human rights.
TBH it one of the things thats really getting me down about MN at the moment, because I can see it playing out across the board on just about every major political issue going - not just this section. People just don't get the complexity and difficulty in balancing competing interests and have no interest in doing so. They only see things through the echo chamber mentality and via very narrow thought processes.
Its very depressing that we seek so many simple solutions and explainations to everything. They do not exist. And thats what makes this a dangerous time, especially if you fall through the cracks in society.