Discussion of the proposed new duty to promote EDI - to deal with failings at the Bar re recruitment, harassment and lack of inclusion. Do these proposals mandate agreement with contested principles?
Purpose of tonight is to set out a range of discussions.
Deadline to respond to consultation is 29 Nov.
BSB rep begins by giving account of proposals and why we should support them. Consultation published at start of Sep, we are still consulting. We propose outcome focus - very different to current equality rules. Has been some improvements at the Bar re EDI but barriers persist re recruitment, retention, bullying and harassment.
BSB propose a 'positive action duty' to act in a way that 'advances' EDI and set out outcomes we want to see achieved. It's about taking reasonable steps to achieve outcomes. To create accountability and transparency and a framework to meet outcomes. Only applies to self employed Bar.
About to deliver my talk at #GenspectLisbon on the Battle for Children’s Capacity - the intersection between paternalism and autonomy and the response of the courts. After hearing @BevJacksonAuth’s rage yesterday I am inspired to go a little off piste.
It’s not good enough to talk about some green shoots of optimism. The courts should never have allowed themselves to be captured in the way they were.
Now Jesper Rasmussen ‘Raising Political Swords: how Denmark is Fighting Child Sex Change’
You need to work on all platforms - social media, legacy media and politics. Wear friendly shirts! Can’t be angry with somone wearing strawberries
I can at least give Mr Fowles credit for his continued enthusiasm to beclown himself publicly. Will this article last longer than his other one I wonder?
First - it wasn’t a ‘gender test’. It was a test that showed Khelif had XY chromosones and was most likely a male with the DSD 5 ARD, where the male genitals don’t develop until puberty.
Our concerns were therefore not that he wasn’t ‘pretty’ enough to be a girl, but rather that as a man he was punching women in a combat sport.
This wasn’t a case about discriminating against a ‘trans’ woman- it declared that this man was in fact a woman. In Australia, women no longer exist, we are entitled to be very concerned about this.
This sneering about the Cass Review and the reliance on the throughly dishonest Yale Review is very alarming from a self identified professional. I would ask he reads @jessesingal’s clear debunking but he seems so determined to divorce himself from reality, I doubt he could engage.
The child was five years old when she said she wanted to be 'non binary'.
11 years old when she wanted her puberty suppressed. For every.
the doctors say this could be ethical because its congruent with patient well being.
"When Phoenix was 11, they began puberty and became extremely distressed by development of their breast buds and anxious about menstruation commencing soon...."
Happily Phoenix does not - yet - exist outside the minds of the doctors. But this train is most definitely coming down the track
"In this paper, we identify and analyse the key ethical issues relevant to Phoenix’s case, a hypothetical yet realistic case based on clinical experience. Phoenix’s request raises novel ethical questions which have not previously been analysed. The ethical issues associated with puberty suppression for transgender or gender diverse individuals have only been explored in the context of a time-limited first step in a two-stage hormonal treatment pathway for gender binary (predominantly male or female) adolescents whose aim is ultimately to commence testosterone or oestrogen,1 or for non-binary adolescents.2 Here we examine whether puberty suppression should be offered as a stand-alone intervention for non-binary adults (18 or over) who started puberty suppression as adolescents, to affirm their gender identity (defined below)."
And this is the interesting bit. That doctors are moving away from the 'health' pathway - i.e. their goal is to save people from disease - and to see themselves as part of a more general 'good' of self improvement
"The second, ‘desire fulfilment’ theories, hold that well-being entails fulfilling one’s (sufficiently) freely formed and (sufficiently) informed desires. Desire fulfilment theories acknowledge that people have different values which may inform their desires. According to a desire fulfilment theory of well-being, it may be ethically defensible for Phoenix to choose OPS if they have a sufficiently free and informed desire to do so, and OPS is reasonably expected to fulfil this desire.20 The desire fulfilment theory of well-being involves an obvious connection between autonomy and well-being, in that promoting a person’s autonomy (through fulfilling their informed desires) would also promote their well-being."
Made it! Fought our way through the massive protests. #swansea - to the event that is causing ‘on-going’ distress to the LGBT AQIA ++++ 2 spirit community.
We missed the protester getting decked by security and had the swiftest G and T ever to greet the panel with rapturous applause
An attempt first by @akuareindorf to explain how the Equality Act works regarding sex discrimination - it’s complicated and confusing even for lawyers - that’s why it’s in the Supreme Court now. Personal view of AR - ‘it’s unsustainable’ and does particular damage to categories of sexual orientation.
In a truly shocking judgment in the Edinburgh Rape Crisis Centre para 57 stands out for me - the response to a warm, empathetic email looking for a way forward
“Your email was humiliating, so I feel humiliated. I don’t want to have
any conversations about this with you.”
We have given power to the thin skinned, the narcissistic and the actively dangerous. How many judgements like this will it take to restore sanity? It should not have required ANY.
4102236 - Judgment - 14.05.2024 (redacted).pdf - Google Drive
Para 75 - the point about giving primacy to one minority group inevitably means that others will suffer. Rights ARE a pie.
"There was a staff meeting on 7th July which the claimant attended which was about trans inclusion. There was no space for discussion about getting to the
heart of any of the issues but instead the meeting was essentially based on two questions around “how can we be better at being trans inclusive.” The meeting was very tightly controlled."
Again, para 114, those in charge of disciplinary proceedings did not know of the Forstater case, could not name it. WHO IS ADVISING THESE PEOPLE? Will they ever be held to account?