Having left the EU, the UK is now threatening to turn its back on the European Court of Human Rights. The McCloud case, which arose from a debate over the definition of the word “woman,” risks adding to tensions that might lead to a “judicial Brexit.”
This piece was originally published in French on 26 August 2025.
A woman is a female adult human according to British equality law. The United Kingdom’s Supreme Court confirmed that rather basic fact on April 16. However, not everybody is happy.
Victoria McCloud, a retired High Court judge, has lodged an application with the European Court of Human Rights (ECtHR) in Strasbourg to challenge the ruling. McCloud, who identifies as transgender, had been denied permission by the Supreme Court to participate in proceedings regarding the judgement’s impact on transgender individuals.
According to McCloud’s lawyers, that breached Article 6 of the European Convention on Human Rights: the right to a fair and impartial hearing by an independent tribunal. They claim that, “This cornerstone of democratic society exists to guarantee that those whose rights are affected can take part in proceedings that determine their future.”
The wheels of justice do not move quickly in Strasbourg, and it could take months for the ECtHR to even decide whether to hear the case. My view—as another transgender person—is that McCloud’s case is without merit. The highest court in the United Kingdom decided quite rightly that legal recognition of someone’s gender does not change the facts of life. Someone who is male—and perceived to be male—does not suddenly become female when they are issued with a Gender Recognition Certificate, and they should not assume the rights of the other sex.
Besides, transgender people have not lost any rights. We are still protected against harassment and discrimination, and it is still unlawful to treat us less favourably in employment, housing, and the provision of goods and services. Transgender people continue to play full roles in British society. Personally, I am preparing for the new school year and the classes that I will be teaching.
UK and European Law
But there is far more at stake than McCloud’s gripe about not being heard by the Supreme Court. Antagonism is growing in the UK towards the ECtHR and the decisions it makes. Brexit removed the UK from the European Union, but for some, that was not enough. They have in their sights our continued membership of the Council of Europe, which binds the UK to ECtHR decisions.
Earlier this year, the Conservative party leader, Kemi Badenoch, announced a commission to examine whether the UK should withdraw from a series of international legal agreements—including the Council of Europe. Her principal concern appears to be the restrictions imposed on how the UK manages immigration. At a speech in London, she said, “time and time again when we try and find solutions, we come up with the same obstacles like the ECHR.” Badenoch added, “I do believe that we will likely need to leave.”
Last week, an MP from Keir Starmer’s governing Labour party joined the calls for withdrawal. Graham Stringer told the BBC that, “What you’ve got to remember is most of the people crossing the Channel are young men, they have destroyed their papers before they get here, they’re coming from a completely civilised country in France.”
“They’re paying international criminals to get here and the courts are saying they have a right to stay under the refugee convention, I assume, and possibly other conventions. That doesn’t seem reasonable to me.”
Of course, if Nigel Farage wins the next election—and current opinion polls put his Reform party in the lead, and well ahead of Labour—talk will be replaced by action very quickly. Whether or not he would achieve his plan for five deportation flights every day remains to be seen, but his disdain for European institutions is legendary. Mr Brexit couldn’t be clearer: the first thing he would do as prime minister would be to remove the UK from the European Convention on Human Rights.
A Defining Moment for British Society
In this context, McCloud’s appeal to Europe really does appear to be futile. By the time the ECtHR actually considers the case, the UK might well have left the Council of Europe. But those who watch these proceedings play out are provided with another reason for leaving. Not everyone in the UK shares Farage’s views on immigration, and some of those who do might well be uncomfortable talking about it. However, the definition of the word “woman” affects everyone.
The Supreme Court ruling restored sanity to British law. Our equality law now links the words “woman” and “man” to the clear and unambiguous facts of biology. Should a European court start unpicking that ruling, then the feelings of McCloud and other disgruntled individuals might well be swamped by the outrage from many more women who had become exasperated by the nonsense that a man could declare himself to be a woman without challenge.
These issues raise the even bigger question of who actually is in charge—in the United Kingdom, Europe, and elsewhere. Do elected politicians still govern, or are they now hostage to the courts? If the decisions of judges—whether in London or Strasbourg—override the ability of parliaments to do what the voters elected them to do, then our democracies might no longer be worthy of the name.
Perhaps, however, too many politicians are happy to hide in the shadow of the courts? “It wasn’t me, it was the judge” might be a tempting way to deflect responsibility, but it is one they should have left behind in childhood. In April, the UK Supreme Court judged wisely but we should never have had to leave it to judges to decide that equality law needed to be grounded in reality.
The British public is unimpressed with Keir Starmer, and those polls put his party’s support has dwindled to around 21%. If he doesn’t start taking the lead, then others will take the lead from him. Nigel Farage is waiting in the wings, and the Brexit that started in 2016 might become complete.
By Debbie Hayton
Debbie Hayton is a teacher and journalist.
Her book, Transsexual Apostate – My Journey Back to Reality is published by Forum
* This article was first published in French by Le Point on 26 August 2025: Après Bruxelles, Londres veut-elle aussi divorcer de Strasbourg ?
Debbie Hayton 
2 replies on “Is the UK heading for Brexit from the European Court of Human Rights?”
“Equality law needs to be grounded in reality.” I’m paraphrasing you. Human beings need to acknowledge that we are physical creatures, and when there is a conflict with our self-image, our definition as physical creatures should prevail. The message society should be getting from trans people is simple: “I am a man who feels like a woman (or vice versa). I would appreciate it if you would treat me like a woman (provided that it doesn’t impinge on the rights of real women) so that I can live my life in the way that feels natural to me.” When you boil it down to a simple formula like that, everyone should be happy. Trans women who want to engage in women’s sports, or otherwise enter into women’s spaces, need to remember that it was THEIR CHOICE to transition, and women as a group should not suffer for that.
This has all been said before. I just need to remind myself once in a while.
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The ECHR appears to be gathering far too much influence in the UK in the area of immigration whereas other countries seem able to ignore it’s demands. As for the question of sexual identity, how many times do we have to keep revisiting this? If men want to live as women then show women some respect and a lot of this problem will go away but that’s not the ambition of the extreme activists. They want to stir up trouble and cause division. That is their purpose and we need to recognise it for what it is.
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