The Equality and Human Rights Commission (EHRC) has released a controversial code of practice on single-sex spaces, set to come into force on 5 August 2026. This guidance, which follows an UK Supreme Court ruling, has significant implications for transgender individuals and the broader LGBTQ+ community.
The new code of practice, formally laid before Parliament on 21 May 2026, provides guidance on how service providers should apply the Supreme Court’s ruling in practice. It is important to note that this code is not law but rather statutory guidance that outlines how organizations should interpret and implement the ruling.
The Impact on Single-Sex Spaces
The guidance specifies that service providers can exclude transgender people from single-sex spaces. If a trans woman is allowed into a women-only space, that space will no longer be legally considered women-only. As a result, organizations are encouraged to consider alternative options for trans people, such as providing a separate third space or gender-neutral facilities.
This change could affect a wide range of public spaces, including gyms, hospitals, leisure centers, restaurants, hairdressers, council services, and sports clubs. The implementation of this guidance is expected to be costly, with estimates suggesting over £20 million for additional cleaning by public-sector bodies and around £14 million per year for building work.
Reactions from Trans Organizations and Campaigners
Trans organizations and campaigners have expressed serious concerns about the new guidance. TransActual, a prominent trans rights organization, stated that the EHRC Code of Practice leaves trans people in the UK with fewer rights than they had prior to last year’s Supreme Court ruling. They argue that the guidance not only fails to protect trans rights and dignity but also appears to have weakened protections for the LGBTQ+ community as a whole.
The Green Party has also voiced its disapproval, arguing that the draft code offers no oversight mechanism to protect transgender people from discrimination. They believe the draft code expands restrictions on transgender rights, potentially violating articles 8 and 12 of the European Convention on Human Rights.
International Perspectives and Calls for Action
Reem Alsalem, the UN Special Rapporteur on violence against women and girls, has urged UK leaders to support the implementation of the Supreme Court ruling. She emphasized the importance of single-sex spaces and services in protecting women’s and girls’ rights to privacy and safety from male violence. Alsalem noted that international human rights law allows states to adopt sex-based measures when they pursue a legitimate aim and are necessary to ensure women’s equal enjoyment of human rights.
Alsalem called on the UK government and devolved administrations to state clearly that the law should be respected and implemented. She also urged political leaders, the media, businesses, and civil society to work constructively toward implementing the Supreme Court’s judgment in line with domestic law and the UK’s international human rights obligations.
The debate over the EHRC’s new code of practice highlights the complex balance between protecting women’s rights and ensuring the dignity and safety of transgender individuals. As the guidance comes into effect, its impact on public services and the LGBTQ+ community will be closely watched.
