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Women’s Rights Network challenges Equality Commission in High Court
Organisation took legal route 'to protect women’s rights in society and in law'
Women’s Rights Network challenges Equality Commission in High Court.
Reporter:
Staff Reporter
28 Jan 2026 8:00 PM
Email:
news@derrynow.com
Across-community volunteer network of women in the North has made an application to the High Court for leave to bring a judicial review against the NI Equality Commission.
Women's Rights Network's (WRN) Marianne Buchanan-Stewart said the organisation had taken the legal route "in order to protect women’s rights in society and in law".
The case had its first hearing has today had its first hearing on Tuesday - February 27, 2025.
Ms Buchanan-Stewart said: "In this, the 50th anniversary of the Sex Discrimination Order (1976) the application challenges the Commission’s failure to correct its guidance on sex equality law following the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers in April 2025.
"This ruling confirmed that the terms 'sex', 'woman' and 'man' in equality legislation refer to biological sex," she added.
The WRN application was heard alongside the Equality Comission's own application and one other, with Mr Justice McAlinden noting that ‘all voices will be heard’.
However he stated that further hearings will not take place before the judgment in the Supreme Court case of Dillon, which involves issues surrounding the Windsor Framework.
He also agreed that there could be a procedural issue in relation to the Equality Commission's case in that it lacks a proper contradictor. The parties are to agree a hearing date in June.
Ms Buchanan-Stewart said: "Today’s decision by the Judge is disappointing. We do not believe it is necessary to wait for an outcome in a decision regarding the Windsor Framework as the meaning of a woman in law in Northern Ireland has always been based in biological sex.
"Women’s protections against sex based discrimination in Northern Ireland were enshrined in law in 1976 and in this, the 50th anniversary of that momentous equality law, women are forced to take our equality body to court for its inability to defend our rights," she added.
"It is a damning indictment on society that women are having to take this action.
"While we are disappointed with the decision we look forward to making our case when the time comes to defend our position that the definition of a woman has not changed and the actions of the ECNI only seek to diminish the rights that they are supposed to protect.
"WRN argues that despite the For Women Scotland ruling, the Equality Commission has continued to issue – or has failed to withdraw – unlawful guidance that suggests sex in Northern Ireland equality law may be interpreted by reference to gender identity or possession of a Gender Recognition Certificate.
"This has created legal uncertainty for public authorities, employers and service providers, particularly in relation to section 75 duties, single-sex services, genuine occupational requirements, and protections linked to pregnancy and maternity. It has also failed in its duty to protect sexual orientation and lesbian rights to same sex association," she said.
In their application WRN asked the Court to declare that sex in the North's equality legislation means biological sex and to require the Equality Commission to issue guidance consistent with that interpretation.
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