McCloud v UK - European Court of Human Rights
- translegalclinic
- 9 minutes ago
- 2 min read
The Trans Legal Clinic have launched our new Strategic litigation service in partnership with legal heavyweights at W Legal. Joitnly, we have today filed an application on behalf of Dr Victoria McCloud to the European Court of Human Rights, challenging the United Kingdom following the Supreme Court’s ruling in For Women Scotland Ltd v the Scottish Ministers [2025] UKSC 16. For the first time, a case will be taken to Strasbourg by a trans-led legal team. That fact is significant in itself: a case concerning the participation of trans people in legal and political life is being advanced by those directly affected.
Article 6 of the European Convention on Human Rights, which guarantees the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal. It is a cornerstone of democratic societies and ensures that those whose rights are at stake have the opportunity to be heard. For the trans community, this principle speaks to a longstanding truth: there must be no more conversations about us, without us. Dr McCloud, the UK’s first openly trans judge, is represented by an incredible counsel team including Oscar Davies (the UK’s first openly non-binary barrister) They are joined by Amanda Weston KC of Garden Court Chambers, a leading silk in public and administrative law, and Jenn Lawrence of Monckton Chambers, recognised in the 2025 Pro Bono Recognition List.
Dr Victoria McCloud said:“This case is about ensuring that fairness is not an abstract principle, but something lived and real. Trans people deserve the same rights of participation as anyone else when decisions are made about our lives.”
Oscar Davies commented:“The unfairness of a debate in which trans voices were excluded is obvious. Justice requires our participation, and this case represents an important step in making sure that happens. We hope it will be the first of many.”
The Clinic’s Strategic Litigation Service is a programme designed to ensure that trans people are not only the subject of legal debate, but are directly represented in proceedings that affect their rights.
To meet the costs of the case, the Clinic has established a crowdfunding campaign at www.translegalclinic.com/mccloud. Public contributions are essential to enabling the case to proceed, reflecting the wider community’s commitment to fairness, representation, and access to justice.