This is a thread on what the Equality Act says about when it is legitimate to treat women and men differently in order to promote equality. There are eight areas, all based on the protected characteristic of sex - - not gender identity
1)Separate & single sex services (Schedule 3, Part 7):where only one sex needs the service (smear tests.. ), hospital or care settings, where a person of one sex might reasonably object to the presence or body contact of a person of opposite sex @DHSCgovuk @NHSuk @EastSussexCC
2) Sport: (Section 195): separate sporting competitions can be organised for M & F where physical strength, stamina or physique are major factors in determining success, and in which one sex is *generally* at a disadvantage @fa @Swim_England
@BritAthletics
@BritAthletics
3)Occupational requirement (Schedule 9). Employers can restrict particular jobs where necessary. For example someone working in a refuge for survivors of domestic violence, a bra fitter, an actor @marksandspencer @metpoliceuk
4)Communal accommodation (Schedule 23) Dormitories, halls of residence and other shared accommodation can be provided for each sex separately for reasons of privacy @YHAOfficial @hmpps
5) Charities (Section 193) must act in pursuit of their objects (as set out in their governance docs) which may be restricted to providing benefits people with a particular protected characteristic ie Women & girls as a sex @Girlguiding @WomensInstitute
6) Associations (Schedule 16) An association or club can be organised by and for people who share a protected characteristic
8) Public sector duty (Section 149) Public sector orgs have a responsibility to actively meet needs and remove disadvantages that people suffer because of having a particular protected characteristic. This includes women and girls
There are also specific regulations & policies for school premises (separate toilet blocks for over 8s), prisons, hospitals ("single sex wards"), police searches etc...
Organisations have a responsibility not to discriminate against or allow harassment of ppl because they are trans. But this does not automatically mean treating people as the opposite sex in relation to these single sex provisions.
Yet this is what many organisations are doing. @WomenEqualities @EHRC @ChtyCommission are standing by & allowing women's single sex spaces and sports to become mixed sex. Women are left vulnerable, cheated, pushed out of public spaces & told they cannot set boundaries of consent
Equality law was designed to protect women from discrimination and harassment. & also protect people who are trans. But it is being used to put women back in their place: with no organisations, no single sex spaces, no women's sports, no autonomy over who gets to see or touch.
