Thread by @Womans_Place_UK

We have posted a short statement about EHRC advice to Scottish government and others and the legal opinion on this advice received by WPUK. womansplaceuk.org/2020/12/11/ehr…

The @EHRC (Equality and Human Rights Commission) misrepresents the law on collecting sex data in its statement to the @scotgov Scottish Government which advises that requesting, gathering and collating data on individuals’ biological sex could be in breach of the law.

The @ONS Office for National Statistics has levelled a similar line of argumentation regarding the collection of data on biological sex in the 2021 census.

WPUK commissioned a formal legal opinion which concludes: “In sum it may certainly be said that a mandatory question relative to “what was your sex at birth” will not constitute an unlawful intrusion into an individual’s right to respect for their private life as protected under

& in terms of the European Convention on Human Rights in particular Article 8 if the information is required by a public authority/private body exercising public law functions in accordance with law & the information is properly necessary for the achievement of a legitimate aim.”

Woman’s Place UK (WPUK) campaigns to uphold and extend women’s sex-based rights. We have consistently called for the collection of robust, high quality data on sex. This is vital if we are to measure and remedy the discrimination experienced by women on the basis of sex.

WPUK has written to request that the EHRC withdraw the statement made to the Scottish Government, pending a review of its position here, taking full account of the relevant legal sources.

Other UK public authorities with a role in ensuring the collection of robust, high quality data on sex also received a copy of the letter.

We have also requested that the EHRC contacts any other organisations to which it has provided similar advice on this issue to inform them that advice is now under review.

We await a response.

For more see womansplaceuk.org/2020/12/11/ehr…