WRDA led Women’s Policy Group NI Responds to For Women Scotland Judgment: Calls for Inclusive Equality Guidance in Northern Ireland
19 September 2025 — The Women’s Policy Group Northern Ireland (WPG NI) has issued a comprehensive response to the For Women Scotland v Scottish Ministers judgment, raising serious concerns about its interpretation and potential impact on equality guidance in Northern Ireland.
The WPG NI, a coalition of feminist organisations, trade unions, LGBTQ+ groups, migrant support services, and human rights advocates, warns that the Equality Commission’s interim guidance risks marginalising transgender, non-binary, and intersex individuals. The group urges the Commission to uphold its duty to promote equality and human rights for all, rather than prioritising legal certainty at the expense of inclusion.
Key Concerns Raised by WPG NI:
Legal Relevance: The FWS judgment does not apply to Northern Ireland’s equality legislation and cannot be incorporated due to protections under the Windsor Framework.
Human Rights Risks: Interim guidance may violate Article 8 rights to privacy and contribute to exclusion from public life.
Language and Framing: The use of terms like “biological sex” and problematic definitions of trans identities undermine inclusivity.
Impact on Women: The judgment’s implications could harm cisgender women, especially those who do not conform to traditional gender norms.
False Equivalence: Equating gender critical beliefs with gender identity beliefs ignores the lived realities and legal protections of trans individuals.
WPG NI Calls for:
Clear, inclusive guidance affirming the rights of trans people.
Recognition of the judgment’s limited scope and legal applicability.
Engagement with trans communities in drafting future guidance.
Protection of privacy, dignity, and access to public services for all.
The WPG NI also highlights the need for clarity around Gender Recognition Certificates, data protection concerns, and the exclusion of non-binary and intersex people from current policy frameworks.
For further information please contact:
Elaine Crory, Women’s Sector Lobbyist – elaine.crory@wrda.net
Meghan Hoyt, Policy Assistant – meghan.hoyt@wrda.net
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