Michael O'Flaherty

In a statement following a recent visit to the UK, Mr O’Flaherty said trans people “constitute a very small proportion of the population, and face acute marginalisation across all areas of life” but had been “subject to intense political and public debate and scrutiny”, especially in the wake of a landmark court ruling.

The Supreme Court ruled unanimously in April that the word “woman” in the Equality Act 2010 refers to biological sex and does not include transgender women, regardless of whether or not they hold a gender recognition certificate (GRC).

The case was brought by For Women Scotland (FWS) in a challenge to Scottish legislation aimed at promoting women’s representation on corporate boards.

The gender recognition process under the Gender Recognition Act 2004 was introduced in response to rulings from the European Court of Human Rights, including in the case of Goodwin v United Kingdom.

The Equality Commission for Northern Ireland recently asked the Northern Ireland courts to clarify whether adopting a similar interpretation of Northern Ireland’s equality laws would be compatible with EU legislation which continues to apply under post-Brexit rules.

In a statement, Mr O’Flaherty said the human rights of different groups should not be seen as a “zero-sum game” when, in most cases, “nuanced, reasonable and balanced accommodations can be found”.

He also deplored “that discussions tend towards the exclusion of trans people from many aspects of society, rather than ensuring that their inclusion and dignity are upheld”.

All relevant legal or policy developments must be human rights-compliant, including in view of the case law of the European Court of Human Rights and other international instruments, he said.

Mr O’Flaherty’s visit to the UK from 30 June to 4 July 2025 focused in large part on child poverty and will be followed by detailed observations on the issue. He also examined the management of irregular migration, restrictions on the right to protest and the legacy of the Troubles in Northern Ireland.