Today, the Council of Europe Commissioner for Human Rights, Michael O’Flaherty, published two letters on the United Kingdom. These letters, which expand on his initial observations following a recent visit, address the policing of protests and the situation of trans people.

Policing of protests

In his letter to the Secretary of State for the Home Department, the Commissioner asks the government to ensure that counter-terrorism legislation does not unnecessarily restrict freedom of peaceful assembly. He also recommends a comprehensive review of the overall legal framework on protests to ensure its full compliance with the United Kingdom’s international human rights obligations. 

Finally, he encourages the government to reconsider certain protest-related provisions in the Crime and Policing Bill currently before the House of Lords, specifically the proposed new offence of concealing one’s identity, as well as restrictions on assemblies in the vicinity of places of worship.

Situation of trans people

In a separate letter addressed to the Chairs of the Joint Committee on Human Rights and the Women and Equalities Committee, the Commissioner shares observations on human rights standards that must be upheld in further steps following the UK Supreme Court’s judgment in For Women Scotland. 

He sets out key elements of the case law of the European Court of Human Rights that should be taken into consideration in this process. 

The Commissioner warns against measures that could exclude trans people from many areas of life. He also cautions against tendencies to view the human rights of different groups as a zero-sum game, noting that this approach builds on prejudice against trans people.