Thread by @SexMattersOrg

The new @EHRC guidance on separate and single-sex services is out!

https://twitter.com/EHRC/status/1510924138151657472

We think it is a positive and welcome step in the right direction. Thank you @EHRCChair and @Marcial_Boo

1) It clarifies that “sex” (as understood in the Equality Act 2010) is binary, and that a person’s legal sex is their biological sex as recorded on their birth certificate.

2) It says that a gender recognition certificate is not relevant to decision-making about access to single-sex services.

3) It sets out everyday reasons that can be a “proportionate means of achieving a legitimate aim” for providing single-sex services, including the dignity and privacy of users.

4) It goes back to the Equality Act and ditches unhelpful language from the Statutory Code of Practice, such as “exceptional circumstances” and individual “case by case” assessment.

5) It gives lots of examples where it would be lawful to exclude all transwomen (i.e. biological males who identity as women) from using a female service, including rape counselling, women’s refuges, fitness classes, communal changing rooms at a gym, and male and female toilets

6) The guidance recommends that service providers have clear policies, accessible to everyone, so all users know what to expect.

(So do we - sex-matters.org/posts/updates/…)

7) It recognises that people wanting single-sex services for reasons of privacy, dignity, safety or trauma have legitimate needs. It doesn’t call them bigots or transphobes, or accuse them of ignorance or bigotry.

What next?

Organisations should pay attention to this new guidance and revise their own policies.

We think EHRC should now update the statutory Codes of Practice to make it clearer and bring it into line with the Equality Act.

#SexMatters #RespectMySex #ThankYouEHRC