Latest news with #EqualitiesandHumanRightsCommission
The National
11-05-2025
- Politics
- The National
John Swinney denies he was 'furious' at Nicola Sturgeon over interview
On Tuesday, the First Minister set out his Programme for Government in the Scottish Parliament, defining his policy agenda for the next 12 months ahead of the Holyrood 2026 election. Earlier that morning, his predecessor Sturgeon was stopped by journalists in the Garden Lobby for her response to the Supreme Court ruling on the definition of a woman. The Glasgow MSP had been accosted by a Mail on Sunday journalist at a local event in the weeks following the ruling, but had refused to speak at length. READ MORE: How are Scottish parties set for Holyrood election? John Curtice's view She told reporters in Holyrood that she had 'concerns' about making the lives of trans people harder. Asked about the interview on the BBC Sunday Show, it was put to Swinney that he was 'furious' at Sturgeon taking attention away from his speech. 'Not in the slightest,' Swinney said. 'I was pleased to hear Nicola setting out her perspective, and I agree with her perspective that it's important the rights of everybody in Scotland, and that includes trans people, are properly and fully respected. 'And that's indeed what the Supreme Court judgment said.' Journalist Martin Geissler pressed Swinney on Sturgeon's comments, adding that she could have made them weeks earlier 'when trans people actually could have done with a powerful voice like hers in their corner, and she chose to do it just before you got to your feet'. (Image: Jane Barlow) 'Well, I'm completely at ease with that, perfectly happy with the timing, and perfectly happy with what Nicola said,' Swinney replied. 'And of course, it corresponds with what I said immediately after the supreme court judgment, which is that we've got to protect and defend the rights of everybody within Scotland. 'People are entitled, no matter who they are, to have their rights protected. 'And a government under my leadership, and indeed a government under Nicola Sturgeon's leadership, always operated on the on the on the approach that people's rights had to be protected. So I'm completely at ease with all of that.' Last week, the Scottish Parliament announced that transgender women are no longer able to use women's toilets on the parliamentary estate. Swinney was asked if that policy would be extended to all Scottish Government buildings and offices. READ MORE: Is time running out for Anas Sarwar to stand against Keir Starmer? Swinney said: 'We're obviously taking forward all of the steps that are necessary to review these issues and to make sure we've got the proper guidance in place. 'Some of this will have to wait until the Equalities and Human Rights Commission provide their final guidance on these issues, which won't be for some time to come. 'But we are engaging with the Equalities and Human Rights Commission, and we are also undertaking the internal review work that is required to make sure that we always live within the law, which is an absolutely solemn commitment that my government makes to the people of Scotland.' We told how Sturgeon told reporters: "The Supreme Court judgment by definition is the law of the land. The question for me, and I think for a lot of people, is how that is now translated into practice. (Image: Jane Barlow) "Can that be done in a way that protect women and also allows trans people to live their lives with dignity and in a safe and accepted way? I think that remains to be seen. "I think some of the early indications would raise concerns in my mind that we are at risk of making the lives of trans people almost unliveable and I don't think the majority of people in the country would want to see that. "It certainly doesn't make a single woman any safer to do that because the threat to women comes from predatory and abusive men." Sturgeon was first minister when the Scottish Parliament passed its Gender Recognition Reform Act in 2022. READ MORE: Greens leadership hopeful says 'soundbitey' nature of FMQs must end The law would have allowed transgender people to self-identify and simplified the requirements to acquire a GRC, and was supported by the majority of cross-party MSPs, before it was blocked by Westminster from becoming law. Swinney served as her deputy first minister at the time. The Programme for Government included plans to scrap peak rail fares, extra NHS appointments and strategies to tackle child poverty.
The Herald Scotland
30-04-2025
- Health
- The Herald Scotland
Waiting on EHRC guidance creates dangerous limbo for trans people
Wait until statutory guidance is issued in a couple of months, the Scottish Government has called out following the landmark Supreme Court ruling. But for trans people and public bodies this in-between time creates a dangerous limbo. The Supreme Court was clear when they defined the term sex in the 2010 Equality Act as meaning biological sex. Yet, what seems unclear is what people should now be doing when it comes to single-sex spaces. The Equalities and Human Rights Commission (EHRC) is expected to provide full guidance which it is legally obliged to do. READ MORE: And yesterday, Social Justice secretary Shirley-Anne Somerville stressed the Scottish Government has to wait on this statutory guidance before they advise any public bodies or the general public on what to do in terms of single-sex spaces. However, the publication of this guidance could take months and with the ruling already issued by the UK's highest court, there now exists a dangerous limbo which puts both public bodies and trans people at risk. The law is effective immediately. So, in this in-between time, what do trans people, public bodies and service providers do in terms of single-sex spaces? And could legal action be raised against them if they unknowingly mis-step in the eyes of the law? Previous guidance from the EHRC said trans people should use the facilities they are most comfortable with. Yet, a most recent update suggests this may no longer be the advice. The interim update from the EHRC, published on Friday evening, said that in workplaces and services that are open to the public, 'trans women (biological men) should not be permitted to use the women's facilities and trans men (biological women) should not be permitted to use the men's facilities'. However, since then, the Social Justice secretary told The Herald she can see how this update has "aggravated" trans people's fears over single-sex spaces. But when asked what trans people should do right now, the minister's answer was: "If there are queries from individuals then they can contact the EHRC to have those questions answered." In the same breath, she admitted getting answers from the commission on this is "challenging". Greens co-leader Patrick Harvie told Parliament trans people say they are scared to go into their own workplaces as they didn't know they would be able to go to the toilet. The Scottish Government has asked the EHRC to confirm they agree that no public body, service provider or other association should issue specific guidance before the EHRC Code of Practice and guidance is finalised. If they do agree to this though, that may leave many trans people and businesses rudderless when it comes to their approach to single-sex spaces. The Scottish Government profess they want to ensure there is "a consistent and clear understanding of the correct application of the law" for all involved in this complex area. Yet, the law is already in effect and many cannot risk playing the waiting game. Have no fear, we are told. The Scottish Government has established a "short-life working group". They argue this work will position them "towards a state of readiness" to take all necessary steps when the EHRC publish their guidance in the Summer but the impact of such a group is debatable. Today, Scottish Government officials and representatives of the EHRC will meet. Let's hope that for the sake of everyone affected by this judgment, clear guidance comes as soon as possible.
The National
29-04-2025
- Politics
- The National
Trans judge taking Government to ECHR over Supreme Court ruling
Dr Victoria McCloud – the only judge in the UK to publicly say they are trans – said the new guidance issued by the UK's Equalities and Human Rights Commission (EHRC) violated her human rights and she felt "contained and segregated". She said that the Supreme Court had failed to consider human rights arguments that would have been put by trans people and the judgement had left her with the legal "nonsense" of being "two sexes at once". Earlier this month, the Supreme Court ruled that "women" were defined by biological sex under the Equality Act 2010. The EHRC issued "interim guidance" on Friday which stated that workplaces had a legal obligation to provide single-sex toilets and that public spaces did not – but that offering only mixed-sex spaces could be discrimination against women. In workplaces, it said that trans men and women should not be allowed to use spaces meant for their acquired gender – but also that they could be barred from using spaces which align with their biological sex. READ MORE: John Swinney reaffirms support for trans people amid 'uncertainty and anxiety' However, it added: 'Trans people should not be put in a position where there are no facilities for them to use.' Dr McCloud was one of at least two trans people who had wanted to present arguments to the Supreme Court about how its outcome would affect them. Courts have the discretion to consider arguments from outside "interveners" – but judges often reject such interventions if they conclude they are going to hear all the relevant arguments from others. Supreme Court (Image: PA) The Supreme Court considered arguments from campaign group Amnesty International highlighting the issues faced by trans people, but did not hear from exclusively trans campaigners. Dr McCloud, 55, came out as trans in her twenties and is one of around 8000 people to have legally changed their sex on their birth certificate. READ MORE: Ellie Gomersall: Governments are meant to protect most vulnerable, not fan the flames She went on to be a High Court Master – judges who often manage complex, expensive cases – but stood down a year ago, saying she could not continue her judicial work amid an increasingly difficult public debate that had led to her being singled out for abuse and criticism. Both Prime Minister Keir Starmer and First Minister John Swinney have accepted the outcome of the Supreme Court ruling, saying that it brings "clarity". However, Dr McCloud said that the court had not considered how such an outcome would impact the lives of trans people. She told the BBC: "Trans people were wholly excluded from this court case. I applied to be heard. Two of us did. We were refused. "[The court] heard no material going to the question of the proportionality and the impact on trans people. It didn't hear evidence from us. "The Supreme court failed in my view, adequately, to think about human rights points." Dr McCloud said that she and other campaigners will go to the ECHR in Strasbourg to seek a declaration that the actions of the UK Government and Supreme Court judgment "violate [her] fundamental human rights". She added: "Just as the Prime Minister didn't know what a woman was, actually the Supreme Court don't know because they haven't defined biological sex. "The answer [in my view] is that a woman in law is someone with the letter F on her birth certificate." READ MORE: 'Careless' guidance on Supreme Court sex ruling slammed by former EHRC solicitor Campaigners have argued that the Supreme Court ruling did not take into account their view of the complexities of biology, pointing towards intersex cases as an example of where biological sex is not binary. Dr McCloud said: "[This judgment] has left me two sexes at once, which is a nonsense and ironic, because the Supreme Court said that sex was binary. "I am a woman for all purposes in law, but [now under this judgment] I'm a man for the Equality Act 2010. So I have to probably guess on any given occasion which sex I am. "This is going to make matters much, much more dangerous. I am now expected to use male spaces. "I have female anatomy. It isn't safe for women to use the men's loos. It is as simple as that." McCloud added: "The approach here is really to treat normal people like me, who just happened to change legal sex decades ago, people who've served their country, worked in the military, doctors, lawyers, nurses, just ordinary, hard-working, peaceable people, as if we're a threat to be contained and segregated."
Yahoo
27-04-2025
- Politics
- Yahoo
Single-sex spaces advice 'problematic', says STUC
The UK Supreme Court's ruling that sex is defined by biology is "hugely problematic", a Scottish union leader has said. It comes after the Equalities and Human Rights Commission (EHRC) issued interim advice on how the ruling should be implemented when it comes to single-sex spaces. The guidance says "trans women (biological men) should not be permitted to use women's facilities" in places like hospitals, shops and restaurants - but they should not be left with no facilities to use. But Roz Foyer, general secretary of the Scottish Trades Union Congress, said she did not agree with the Supreme Court's ruling, and questioned which facilities trans people should use. Equality watchdog issues interim guidance on single-sex spaces Supreme Court backs 'biological' definition of woman Speaking to BBC Radio Scotland's Sunday Show, Ms Foyer said: "We have a ruling here that's basically saying trans women can no longer use female-only facilities. "Does that mean trans men can no longer use male-only facilities? Will they be forced to use female facilities? Will trans women be forced to use men's facilities?" She said all parties had to feel protected and the recent legal rulings would "cause huge problems". Asked if she agreed with the court's ruling, she said: "No, I don't agree with it and I think it is extremely problematic." Ms Foyer added: "Women need protected in society from male violence - but the male violence that most women experience happens in their homes and workplaces and communities, and it usually is from men they know." She added: "We are going to have to make sure we protect all parties' rights, but we actually have to find a way forward that makes sure we have some sort of provision for trans men and women in our public bodies, in our institutions. "Obviously they are going to have to follow and respect the law, but I think this debate will rattle on, I am not sure the law has got it right." New sex-based rights guidance on way, says Swinney Swinney urged to apologise over gender reforms UK government minister Pat McFadden was asked by the BBC if his government - when acting as an employer - would stop trans people from using certain changing rooms or bathrooms. He said yes, that was the "logical consequence of the judgement and the guidance that's come out, that people use the facilities of their biological sex". However, he added that there would not be "toilet police" in government buildings. A spokeswoman for the business lobby group the CBI said the ruling did not change the fact that all employers should strive to provide an inclusive workplace while complying with the law. She added: "We know businesses thrive with a diverse workforce, and they should continue to provide a welcoming environment for all while making legally compliant decisions. "There will be a new statutory code on the implementation of the Equality Act issued later in the summer by the Equality and Human Rights Commission which will provide additional clarity for firms and organisations across the UK." The Scottish government said it was seeking a meeting with the EHRC to make sure inclusive and consistent guidance was in place. A government spokesperson said: "We note the interim update from the EHRC, and that they intend to hold a consultation with stakeholders on their forthcoming guidance. "We are keen to work with EHRC to ensure consistent, inclusive and comprehensive guidance is in place following the Supreme Court judgement and, following the postponement of last week's meeting at their request, have asked to meet with them as soon as possible to discuss further." Tess White, Scottish Conservative equalities spokeswoman, welcomed the new guidance as "much needed clarity". She said: "The EHRC sets out the practical delivery of single-sex spaces, following the Supreme Court's judgement, which will protect women and girls. "It also sets out how shared spaces can be provided for people who identify as trans." New laws were proposed under former First Minister Nicola Sturgeon in 2022 which would make it easier for trans people to change their legally recognised sex. MSPs voted to pass gender recognition reforms but this was later blocked by UK ministers, who said it would conflict with equality protections which applied across the UK. Sturgeon has described herself as "a lifelong feminist" but also said it was "really important" to protect and enhance the rights of trans people, insisting that trans rights and women's rights do not need to clash. The Mail on Sunday asked Sturgeon for her reaction to the Supreme Court ruling at a constituency event on Saturday. She told the paper: "I think my views are well-known." When she was pushed further on what those views were, she said: "I think you know." Judge orders schools to provide single-sex toilets Supreme Court ruling has dire consequences for trans people, campaigners warn NHS will be pursued if gender policies don't change, equalities watchdog says
Yahoo
26-04-2025
- Health
- Yahoo
Equality watchdog issues interim guidance on single-sex spaces
The Equalities and Human Rights Commission (EHRC) has released interim guidance on how organisations should interpret the UK Supreme Court's ruling that a woman is defined by biological sex in law. The new guidance says that, in places like hospitals, shops and restaurants, "trans women (biological men) should not be permitted to use the women's facilities". It also states that trans people should not be left without any facilities to use. The EHRC said it was releasing interim guidance because "many people have questions about the judgement and what it means for them". Guidance on when competitive sports can be single-sex will be published in due course, the EHRC said. Last week the Supreme Court found the terms "woman" and "sex" in the 2010 Equality Act "refer to a biological woman and biological sex". This means, for instance, that transgender women, who are biologically male but identify as women, can be excluded from women-only spaces. As part of the judgement, Supreme Court judge Lord Hodge stressed that the law still gives protection against discrimination to transgender people. The EHRC - which enforces equalities law and provides guidance to policymakers, public sector bodies and businesses - said the impact of the ruling was that "if somebody identifies as trans, they do not change sex for the purposes of the [Equality] Act, even if they have a Gender Recognition Certificate (GRC)". In this respect, the EHRC says, "a trans woman is a biological man" and "a trans man is a biological woman". The guidance also states that "in some circumstances the law also allows trans women (biological men) not to be permitted to use the men's facilities, and trans men (biological woman) not to be permitted to use the women's facilities". When asked to clarify this, the EHRC pointed to a section of the Supreme Court ruling stating that trans men could be excluded from women's facilities "where reasonable objection is taken to their presence, for example because the gender reassignment process has given them a masculine appearance or attributes to which reasonable objection might be taken" in the context of a women-only service. The EHRC guidance adds: "However where facilities are available to both men and women, trans people should not be put in a position where there are no facilities for them to use." Where possible, mixed-sex toilets, washing or changing facilities should be provided in addition to sufficient single-sex facilities, according to the guidance. Alternatively, the guidance says it is possible to have toilet, washing or changing facilities which can be used by all, provided they are "in lockable rooms (not cubicles)" and intended to be used by one person at a time. One such example might be a single toilet in a small business such as a café. In schools, it says: "Pupils who identify as trans girls (biological boys) should not be permitted to use the girls' toilet or changing facilities, and pupils who identify as trans boys (biological girls) should not be permitted to use the boys' toilet or changing facilities. Suitable alternative provisions may be required." In associations - groups or clubs with more than 25 members - the EHRC says "a women-only or lesbian-only association should not admit trans women (biological men), and a men-only or gay men-only association should not admit trans men (biological women)". The EHRC says the interim guidance, published online on Friday evening, is intended to highlight the main consequences of the Supreme Court judgement. "Employers and other duty-bearers must follow the law and should take appropriate specialist legal advice where necessary," it adds. A two-week consultation to seek views from "affected stakeholders" is expected to be launched in May. The EHRC aims to provide an updated code of practice to the government for ministerial approval by the end of June. A government spokesperson said: "We welcome the ruling and the clarity it brings for women, and service providers. "We will review and update policy wherever necessary to ensure it complies with the latest legal requirements." The Supreme Court ruling gives clarity - but now comes the difficult part Supreme Court backs 'biological' definition of woman Five key takeaways from Supreme Court ruling EHRC - An interim update on the practical implications of the UK Supreme Court judgment
