The Scottish Human Rights Commission to intervene in the judicial review brought by For Women Scotland against the Scottish Ministers

The Scottish Human Rights Commission (SHRC) has today been granted leave to intervene in the petition for judicial review brought by For Women Scotland (FWS) against the Scottish Ministers and HM Lord Advocate challenging the legality of the Scottish Prison Service policy for the management of transgender people in custody operational guidance.

The SHRC's legal intervention will highlight the human rights relevant to the court's consideration of the issues raised in the petition, in line with our mandate as the National Human Rights Institution for Scotland.

The SHRC’s intervention is not to support or oppose the arguments of either party.  

Notes to editors:

• Section 2 of the Scottish Commission for Human Rights Act 2006 confers a general duty on the SHRC to "promote human rights and, in particular, to encourage best practice in relation to human rights”.
• Section 14 of the same Act permits the SHRC to intervene in civil proceedings with leave of the court.
• The SHRC may intervene "if it appears to the Commission that the issue arising in the proceedings is relevant to its general duty and raises a matter of public interest”. The court may grant leave to intervene “if it is satisfied that the intervention of the Commission is likely to assist the court".
• Judicial review is the court process by which a judge reviews a decision, an action or a failure to act by a public body or other decision maker. Judicial review is only available where other effective remedies have been exhausted and where there is a legally recognised ground of challenge.