US EditionUK Leaked Guidance Allows Questioning Trans People in Facilities
The EHRC draft code allows questioning or exclusion of transgender people from single-sex spaces based on appearance or behaviour, reflecting the April Supreme Court ruling.
- On September 4 the Equality and Human Rights Commission submitted a final Code of Practice to ministers allowing public-facing services to question and possibly exclude transgender women based on appearance or behaviour.
- Earlier this year a Supreme Court ruling in April clarified that sex is defined by biology, prompting the Equality and Human Rights Commission to revise its Code of Practice in its first major update since 2011.
- Noting official records are unreliable, the guidance cautions against demanding documentary proof of sex, removes routine birth certificate and GRC checks, and requires sensitive questioning with secure data storage.
- Ministers have so far not published the code, despite it being sent almost three months ago, and councils, NHS trusts and businesses await guidance amid accusations of back-tracking last week.
- The guidance says organisations should try to offer alternatives but not leave service users needing essential services without access to lavatories, while Children's minister Josh MacAlister warns rushing risks court disputes.
27 Articles
27 Articles
The Trans Debate Still Rages in the UK
UK Special Coverage The Trans Debate Still Rages in the UK A Scottish employment tribunal and the British Supreme Court are on a collision course. UK Special Coverage Late on Christmas Eve 2023, a 50-year-old nurse, Sandie Peggie, had an altercation in the women’s changing rooms of Victoria Hospital Fife with a transgender doctor, Beth Upton. She was dealing with a heavy period and objected to undressing before a male-bodied trans woman. She s…
New EHRC guidance reinforces gender stereotypes
As the feminist author Germaine Greer once put it: “Female is real and it’s sex, and femininity is unreal and it’s gender”. It’s a foundational feminist insight, embedded in works such as Mary Wollstonecraft’s A Vindication of the Rights of Woman and Simone de Beauvoir’s The Second Sex. Distinguishing biological difference from reductive stereotypes is essential to the liberation of women. It would be ironic, then, if current attempts to do just…
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