on the ghost of goodwin – Wild Woman Writing Club

Having written a piece skimming over the main arguments in favour of retaining the GRA 2004, I note that some gender criticals who favour retention of the Act continue to cite the European Court of Human Rights (ECtHR) case of Goodwin v United Kingdom 2002 as an impassable obstacle to repeal. I consider this to be a misapprehension, and will set out why that case does not have the effects claimed.

Gender criticals lead to believe that women and children must wait for a claimant with standing to come along, challenge and overturn Goodwin are simply wrong. That argument is based on a misunderstanding – or possibly a misrepresentation – of how European case law works, and how it interacts with national law. In fact, Goodwin was superseded by domestic legislation and – in the event of repeal – would not bind domestic courts, or even the ECtHR. There is ample scope – and need – to re-evalutate these gender identity laws in light of what we know now about cognitive capture by the sex denialism lobby, and the many serious harms they are causing.

Source: on the ghost of goodwin – Wild Woman Writing Club

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.