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The National (Scotland)
The National (Scotland)
National
Abbi Garton-Crosbie

Westminster told to scrap EHRC ‘segregation’ code for trans people as deadline looms

Trans rights campaigners protesting against the Supreme Court's ruling on biological sex (Image: PA)

WESTMINSTER has been urged to reject the UK equality watchdog’s code of practice that would bring in “segregation” for transgender people.

On Thursday, July 9, the 40-day scrutiny period for the Equality and Human Rights Commission’s (EHRC) code of practice is due to expire.

More than 160 MPs have signed an early day motion in an attempt to stop the code being brought in.

The guidance follows the Supreme Court ruling in April last year that said a woman is defined by biological sex under the Equality Act 2010.

If brought in, it will mean that businesses and public bodies will be required to provide facilities such as changing rooms and bathrooms on the basis of biological sex.

The guidance states that: “In separate or single-sex services, a trans man will be excluded from the men-only service because his sex is female, and a trans woman will be excluded from the women-only service because her sex is male.”

It also suggests that people can be asked to confirm their sex if it is deemed legitimate and if “there is clear evidence of an issue with members of the opposite sex accessing or seeking to access the single or separate-sex service or association”.

Advocacy groups decried the code as leaving transgender people in the UK with less rights, and impacting LGBT+ rights on the whole.

With just days until the code is signed off, the Scottish Greens have urged the UK Government to scrap it.

A photo of Kate Nevens
Scottish Greens equalities spokesperson Kate Nevens (Image: Scottish Greens/Cami Glasgow)

"This guidance is authoritarian and cruel and cements exclusion and segregation,” equalities spokesperson Kate Nevens said.

“It will cause real harm to trans people who have accessed these spaces and services for years without incident.

“With only days to go before it comes into force, the UK Government still has time to change course.

“Trans people want the same thing as everyone else, to live their lives free from prejudice, discrimination and violence. Instead, this guidance will legitimise intrusive questioning, encourage suspicion and make everyday life less safe.

“And it won't just affect trans people.

“Anyone who doesn't conform to gender stereotypes risks being challenged or harassed, while workplaces, businesses and public services will be left to enforce guidance that is confusing, divisive and unworkable.

“The government should scrap this guidance and work with those affected to create a system that protects everyone's safety, dignity and rights.”

We told how Bridget Phillipson ducked giving a ministerial statement on the long-awaited publication of the code in the House of Commons last month.

On May 21, just before the House of Commons went into recess, Phillipson laid the guidance in Parliament, but it took until June 1 for MPs to be able to discuss the sweeping changes.

Seema Malhotra, the Equalities Minister, took to the despatch box to defend the code in Phillipson’s stead.

She was later criticised for giving an “extraordinarily inflammatory and dangerous” statement on the guidance.

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