European Court of Human Rights

Maybe enough time has elapsed that Upton now has a GRC or soon will. Go Upton! Would love to see him given a bigger platform.

I think they might be able to go straight to the ECHR because the existence of the SC ruling is evidence that all alternative remedies have been exhausted.

@Motorina I was thinking Dr Upton might be up for this. But no GRC so not sure that they have an argument. (Well I know they can argue that black is white, etc. etc but you see what I mean?)

Also how much TRA support would there be for a case that is arguing that only GRC-wielding men can be women?

The Equality Act's provisions on proportionality are wholly in line with the principles the European Court of Human Rights seeks to uphold.

They wouldn’t be able to appeal this judgement to the ECtHR as only the parties could do that.

However if a transwomen considers that their ECHR rights have been violated (for example by being turned away from a single sex space because they are not a biological woman) then they could bring that case. It would be a new case. It would start in the appropriate court for the type of claim and, once all domestic routes had been exhausted, go to Strasbourg.

I don’t know about anyone else, but I would pay good money to see Upton try and run a discrimination case using the “not a robot” argument through all the levels of the court system.

Jolyon works very very hard to make sure people don't bring up the fact that his first comments on this issue were that women had a point and had to be heard. Before he locked down his twitter account and came back as an absolute weirdo.

And I thought GLP weren't taking on any more genderism cases.

https://www.mumsnet.com/talk/womensrights/5157261-good-law-project-to-cease-taking-on-trans-legal-cases-from-2025-onwards-according-to-angry-trans-reddit

On that thread there was a screenshot of a message, so it wasn't just based on posts on Reddit or Twix.

Or has Jolyon decided that the grift still has legs after all.

Edited for splung.

I'm confused about who is going to bring this case to the ECHR. As I undestand it no transgender organisations applied to be heard at the SC hearing, only two individuals unqualified to be heard.

Mate they are fleecing you. It's a grift!

The UK very rarely loses at the ECtHR (court) since the HRA basically transcribed the ECHR (convention) into UK law. (Prior to that, the Law Lords — at the time the supreme legal body — regularly passed judgments that they must have known would go down in flames in Strasbourg, because UK law was out of step with the convention.) You can bet your mortgage that the SC will have had the relevant paragraphs of the HRA and the ECHR open on their desks as they were writing their judgment.

It's also worth remembering that the ECHR was written around 1950 and hasn't changed much since, and it reflects the political and social priorities of the immediate post-WW2 period. In fact it has been criticised over the years for not being socially progressive enough — for example, it takes no position on the right to abortion (which was illegal in every member state then) or on same-sex marriage, which is still not allowed in several member states. As such, it seems vanishingly unlikely that the court would get involved in trans rights issues, and even less so that it would come down in favour of the trans side.

Great news!

Remember GLP has NEVER won a trans case. I think they raised over 500,000 for failed cases so far.

The more money TAs send to GLP the better it is for us. Even good lawyers tend to lose these cases, see the Supreme Court judgement, but GLP are really really bad lawyers. Look at their track record. Green is a win:;
https://labourpainsblog.com/wp-content/uploads/2025/01/screenshot-2025-01-30-at-08.58.58.png

Agent Joylon is one of the best accidental advocates for women's rights there is. His ability to fundraise for failure bears comparison to other masters like Trump. He certainly deserves all the money he is making to keep his millionaire lifestyle going.

However remember we don't need to fund GLP ourselves to get these wins. Put your money into gardening with our many excellent expert gardeners who actually plant crops, which generally bloom and get great harvests. Joylon takes the seed money and never plants anything a lot of the time.

I don’t have a good grasp of this, but have listened to some opinion stating that the ECHR requires a process for gender recognition. We have that via the GRA. RMW’s claim is that the process the ECHR requires needs to incorporate someone with a certificate being entitled to the same rights as the sex the certificate says they are. Other’s aren’t convinced this to be the case

I don't doubt it - he's like Beetlejuice - say his name enough times and he'll appear on the thread.

Or will harrangue women about bundles on a support thread.

LOL at the recycling boxes.

And stand by to have your post deleted, @Waitwhat23.

I don't think a government can bring a human rights case, only defend one. I think it would need to be an individual who claimed their human rights had been violated.

I wouldn't believe RMW to give me reliable information about what day the recycling boxes go out. His information about anything seems shaky, at best.

It wouldn't necessarily have to be the Scottish Government on my recollection. It's not a further appeal in the same way that one appeals from the Court of Appeal to the Supreme Court, and would need to be brought by a "victim" of the violation of the ECHR. There is a requirement that all domestic remedies have been exhausted and they could point to the FWS judgment

As Colin Wynter KC alludes to, even if the ECtHR rules that the legislation is unlawful, it cannot force the U.K. government to change it. We have continued to ignore the ECtHR's ruling on prisoner voting for many years.

What nonsense.

Jolyon's got a fighting fund.
The Supreme Court’s decision this week to not include trans women in the definition of women in the Equality Act isn’t just wrong, it’s extremely harmful.
The Supreme Court can kid itself all it likes about this decision not being bad for trans people, but trans people know it is the latest savage blow against a community that is already reeling.
We are committed to stand with the trans community and fight these rollbacks, whatever it takes. We’re creating a fighting fund to look at both domestic and international cases, all the way up to the European Court of Human Rights.
This fight will be long – and it’ll be expensive. But as the world becomes a more hostile place for trans people, it’s a fight that becomes increasingly more important. If you are able to, your support means more now than ever.
Details
Funds raised will support our cases fighting for trans rights in the UK.
Ten per cent of the funds raised will be a contribution to the general running costs of Good Law Project. It is our policy only to raise sums that we anticipate could be spent on the work we are crowdfunding for. However, if there is a surplus it will go towards our work fighting for a fairer, greener future for all.

I do think we will see an increase in ETs and Civil Cases from both perspectives.

Women (and men) may take cases to ET etc. where employers/Public Sector/service suppliers are not being clear single sex means biological sex.

Trans, and possibly non-binary, people may take cases where they are now being excluded from spaces they previously used e.g. changing rooms, toilet’s etc.and harassment.

The benefit is both GI and NB maybe subject to the Granger test.

The Case Law over the next few years will help delineate where the line is between women’s rights and trans rights.

Legally it is a nonsense. THe EHCR can't do anything.

Colin Wynter KC

Traumatised genderists are raising funds to go to the ECHR.
ECHR cannot dictate how our Supreme Court interprets UK legislation.
It can declare whether our legislation is outwith whichever article of the ECHR.
Would not change a thing absent "man really is woman" UK legislation.

Joylon also is busy diverting any TA legal funds to propping up his bank balance so even less reason to worry.

Its an absolute gift for Reform, i bet Farage is rubbing his hand at the prospect of getting all this publicity around the ECHR without having to spend a penny.

Jolyon is far too deep in gender ideology to think about the wider political consequences of his actions

It's a tithe to their church. Like the Guardian subscription and the DD to Amnesty. It guarantees their place in heaven.

Fools and their money, and all that.

I'm baffled at why people donate to GLP, must be purely ideological.

IANAL but for this particular case wouldn't it be the Scottish Government who lost the case who could take it to the ECHR?