Gender Recognition Certificates

(asked on 13th January 2026) - View Source

Question

To ask His Majesty's Government, with regard to the decision by the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether their updated guidance will include changes to the gender recognition certificate policy framework.


Answered by
Baroness Smith of Malvern Portrait
Baroness Smith of Malvern
Minister of State (Department for Work and Pensions)
This question was answered on 27th January 2026

The For Women Scotland Ltd vs The Scottish Ministers judgment ruled that for the purposes of the Equality Act, “woman” is a biological woman. The ruling makes clear that a Gender Recognition Certificate does not change a person’s sex for the purposes of the Equality Act.

The Equality and Human Rights Commission has submitted a draft Code of Practice to Ministers, and we are reviewing it with the care it deserves. The Code concerns how the Equality Act 2010 applies to services, associations and those exercising public functions.

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