The Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, has raised concerns over the state of human rights in the UK, referencing the recent rollback of trans rights and the heightened policing of pro-Palestine protests.

Michael O’Flaherty is the first Irish person to be elected as the Council of Europe’s Commissioner for Human Rights since the Council was founded in the wake of World War II. In two letters published on Tuesday, October 14, O’Flaherty expressed concerns over human rights in the UK.

In one of his letters, he referenced the ruling delivered by the UK Supreme Court in April 2025, which defined ‘woman’ in the Equality Act 2010 as referring solely to biological sex. The ruling thus excluded trans people from the legal protection of sex-based discrimination, a shift with profound consequences for daily life.

Addressing his letter to the Women and Equalities Committee of the House of Commons and the chair of the Joint Committee on Human Rights, O’Flaherty stated: “I observe a tendency to see the human rights of different groups as a zero-sum game.

“This has contributed to narratives which build on prejudice against trans people and portray upholding their human rights as a de facto threat to the rights of others.

“Such a zero-sum approach risks certain inferences being drawn from the UK Supreme Court judgment that could lead to widespread exclusion of trans people from many public spaces.”

The Council of Europe Commissioner reminded UK officials of the need to uphold respect for human dignity, freedom and private life, stating that further steps were needed to ensure the fundamental rights of trans people are protected in the country. He further stated that the ruling may pave the way for exclusionary and discriminatory “blanket practices or policies on access to gender-segregated spaces.”

In a separate letter addressed to the UK secretary of state, Commissioner O’Flaherty discussed the recent heavy policing of pro-Palestine protests in the UK. He stated that the issue became alarming “especially following the proscription” of Palestine Action as a terrorist organisation.

Palestine Action is a British pro-Palestinian network founded in 2020 with the goal of ending Israeli apartheid. It has used protest, occupation of premises, destruction of property and vandalism in its campaigns, describing itself as “non-violent yet disruptive”.

Following a string of high-profile incidents targeting defence and aviation companies linked to Israel, the group was proscribed under the Terrorism Act 2000 in July. Since then, protests against this move were met with heavy police action, with over 1,600 people being arrested for supporting Palestine Action.

O’Flaherty expressed concern over these mass arrests of peaceful protesters “displaying placards or banners expressing solidarity with the organisation or disagreement with the government’s decision to proscribe it.”

O’Flaherty urged the UK government to “ensure that any arrests or convictions” were “subject to review.” He added that these acts “continue to allow authorities to impose excessive limits on freedom of assembly and expression”.

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