UN expert welcomes US court ruling reaffirming sex-based protections in education

  • 1/14/2025
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GENEVA – The Special Rapporteur on violence against women and girls, Reem Alsalem today welcomed a landmark decision by a United States federal district court declaring the U.S. Department of Education’s regulations implementing Title IX of the Education Amendments of 1972 as unlawful and vacating them nationwide. In a judgment issued in State of Tennessee v. Cardona on 9 January, the court found that the regulations, which redefined the scope of sex discrimination under Title IX to include gender identity, exceeded its statutory authority and violated constitutional protections, Alsalem noted. “This is a pivotal moment in safeguarding the rights of women and girls to non-discrimination based on their sex and reasserting the obligations of the United States to protect this fundamental human right,” Alsalem said. She noted that the ruling clarified that “when Title IX is viewed in its entirety, it is abundantly clear that discrimination on the basis of sex means discrimination on the basis of being male and female.” Alsalem said that Title IX, enacted to combat sex discrimination in federally funded education programs, has historically been the cornerstone for advancing gender equality in the U.S. education system. In December 2024, the Special Rapporteur addressed a communication to the Government of the United States, raising concerns about the human rights implications of the Department of Education’s then-proposed rule amending the implementing regulations for Title IX of the Education Amendments Act of 1972. “By preserving the original intent of Title IX, the Court has restored factual clarity and common sense to the design of policies that affect women and girls, reasserting their rights to access education under conditions of dignity, equality, and safety,” Alsalem said. The Special Rapporteur urged the U.S. Government to take careful note of this decision and reaffirm its commitment to protecting the rights of women and girls. Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences Special Rapporteurs and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN human rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms. Special Procedures mandate-holders are independent human rights experts appointed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. They are not UN staff and are independent from any government or organisation. They serve in their individual capacity and do not receive a salary for their work. For more information and media requests please contact hrc-sr-vaw@un.org. For media enquiries regarding other UN independent experts, please contact Maya Derouaz (maya.derouaz@un.org) and Dharisha Indraguptha (dharisha.indraguptha@un.org). Follow news related to the UN"s independent human rights experts on X: @UN_SPExperts

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