In a series of stern communications this week, the European Council's Commissioner for Human Rights, Michael O’Flaherty, has voiced significant concerns over the United Kingdom's approach to human rights, specifically highlighting issues in policing protests and the legal treatment of transgender individuals.

In two distinct letters addressed to UK authorities, Commissioner O’Flaherty shed light on the government's intensified policing measures at pro-Palestine protests. This has come into sharper focus following the designation of the activist group Palestine Action as a terrorist organization—a move that has led to widespread arrests of demonstrators. These arrests often involved individuals merely displaying placards or banners that expressed solidarity with the group or criticized the government's proscription decision. While acknowledging that supporting proscribed groups is a legal offense under the Terrorism Act 2000, O’Flaherty urged the UK to ensure that the enforcement of this law does not curtail fundamental freedoms, such as the right to express dissent.

Further exacerbating concerns, O’Flaherty pointed to the recent enactments of the Police Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023. He criticized these laws for potentially imposing excessive restrictions on the freedom of assembly and expression, including measures against concealing one’s identity during protests and limitations on gatherings near places of worship. The Commissioner called for a review of arrests and convictions under these acts to ensure they adhere to international human rights standards.

In a separate communication to the UK's parliamentary committees, the Commissioner turned his attention to the rights of transgender individuals. This follows a contentious ruling by the UK Supreme Court, which determined that transgender women do not legally qualify as women under the Equality Act 2010. O’Flaherty criticized the court for not sufficiently considering the broader human rights implications of its decision, which he believes could lead to discriminatory practices regarding access to gender-segregated facilities.

The Commissioner emphasized the necessity for the Supreme Court to take further actions to safeguard transgender rights, including the approval of an updated code of practice for public services and associations. He reminded the UK that it must comply with the European Convention on Human Rights, which upholds principles of human dignity, freedom, and privacy.

These developments highlight growing international scrutiny over the UK's human rights practices, signaling potential friction between the UK's domestic policies and its international obligations. As the situation unfolds, the calls for adherence to human rights norms continue to resonate within and beyond the UK's borders.