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.

https://www.ohchr.org/en/press-releases/2025/01/un-expert-welcomes-us-court-ruling-reaffirming-sex-based-protections

14 January 2025