Women launch human rights challenge over ineligibility to inherit Lords seats

Paul Hardy

Five women who are the daughters of hereditary peers are taking the UK to the European Court of Human Rights (ECtHR) over their ineligibility to stand for election to the House of Lords.



The women, part of the Daughters’ Rights campaign and represented by DLA Piper, argue they are denied the opportunity because of male primogeniture, whereby titles are only passed to male heirs.



This means the daughters cannot stand for by-elections to the House of Lords, where all but one of 92 current hereditary peers are male.



The Daughters’ Rights campaign is arguing that this is discrimination on the grounds of their sex and contrary to Article 14 of the European Convention on Human Rights when taken in conjunction with Article 3 of the First Protocol – the right to a free election.



Paul Hardy, legal director at DLA Piper, advising Daughters’ Rights, said: “Daughters’ Rights’ applications to the European Court of Human Rights in Strasbourg raises profound questions about sexual equality and membership of the House of Lords. These cannot be heard in a UK court because national courts are prohibited from adjudicating on the legality of parliamentary proceedings.”



The campaign is also supported by lead counsel Lord Pannick QC and barrister Edward Legard.



Mr Legard said: “It seems wrong in a country where women, including now royal women, are born with equal opportunities, that we continue to discriminate against one group based only on gender.



“I’ve spent my professional life in this field and I strongly believe to keep pace with the modern democratic world and ensure our society fully reflects our values, this needs to change.”



DLA Piper said Daughters’ Rights has taken the case to the European Court of Human Rights having exhausted domestic routes.