Latest news with #Falkner
Glasgow Times
21-05-2025
- Health
- Glasgow Times
EHRC says people could be asked for birth certificates to prove biological sex
The Equality and Human Rights Commission (EHRC) has published its draft guidance following the Supreme Court's ruling last month. The code of practice, which is out for public consultation for six weeks, covers a range of topics including trans people's participation in sport and use of toilets. The commission has tripled the length of time for feedback, from an original proposal of two weeks, meaning it is expected to be presented to women and equalities minister Bridget Phillipson in July rather than June. The regulator said the consultation has been extended 'in light of the level of public interest, as well as representations from stakeholders in Parliament and civil society'. Equality and Human Rights Commission chairwoman Baroness Falkner said it is important the code is 'an accurate interpretation of the law'(David Jones/PA) In the wake of April's Supreme Court ruling that the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex, the commission had issued interim guidance, saying trans women 'should not be permitted to use the women's facilities' in workplaces or public-facing services like shops and hospitals, with the same applying for trans men using men's toilets. More detailed draft guidance was published on Tuesday, with a consultation period running until June 30, as the regulator appealed for feedback as to whether its content 'could be clearer or more helpful'. The guidance says people can be asked to confirm their birth sex so long as it is 'necessary and proportionate for a service provider, those exercising public functions or an association to know an individual's birth sex to be able to discharge their legal obligations'. It cautions that any such question 'should be done in a sensitive way which does not cause discrimination or harassment'. The commission adds that if there is 'genuine concern about the accuracy of the response to a question about birth sex, then a birth certificate could be requested'. It notes that if a person has a Gender Recognition Certificate (GRC), it might be that they have an amended birth certificate in their acquired gender, and that in the 'unlikely event' further enquiries about their biological sex are needed, any 'additional requests should be made in a proportionate way which is discreet and sensitive'. Elsewhere, the draft code says trans people can be excluded from competitive sport 'when necessary for reasons of safety or fair competition', and gives an example of how some services might be able to adapt to 'offer toilets in individual lockable rooms to be used by both sexes'. The code states that a service provided only to women and trans women or only to men and trans men 'is not a separate-sex or single-sex service' under the Equality Act and could amount to unlawful sex discrimination against those of the opposite sex who are not allowed to use it. Commission chairwoman Baroness Kishwer Falkner said there has been an 'obvious' demand since the court's ruling for 'authoritative guidance' for a range of providers from businesses to hospitals to sports clubs. She said: 'It is important that our code is both an accurate interpretation of the law and clear to those who use it. 'So we want to hear views on the clarity of these updates and urge all interested parties to respond to the consultation over the next six weeks. We will consider every response carefully and amend the draft code where necessary. 'People with protected characteristics should never be discriminated against or harassed when using a service. Where services are provided on a single-sex basis, that needs to be done in a way which is consistent with the law, which protects the rights of all service users and which ensures everyone is treated with respect and dignity. 'It's vital that service providers know what they need to do to comply with the law, and that service users have confidence that every provider is doing so.' Some trans rights groups have raised concerns about the practical implications of the Supreme Court ruling. Baroness Falkner acknowledged this is a 'complex area' of law and 'bears on the rights of people with the protected characteristics of sex, sexual orientation and gender reassignment'. She added: 'We know that there are strongly held views across our society, both about how the law should be interpreted and whether it reflects the right balance between those rights. So, if everybody's rights are to be protected – as the Supreme Court confirmed the law intends – service providers and their legal advisers need help to navigate these challenges. 'The consultation launched today will help ensure our services Code of Practice is a useful and authoritative guide. Please tell us if you think it could be clearer or more helpful. 'That way, whether you're a shop owner or the chair of a local sports club, the manager of a hotel or a hospital, an HR professional or a solicitor, you will have guidance to follow so you can be confident that you're upholding the law.' The draft code will be presented to women and equalities minister Bridget Phillipson in July (Ben Whitley/PA) Campaign group the Good Law Project (GLP) last week announced it has taken the first step in a legal challenge against the watchdog, claiming the guidance is 'wrong in law'. But Maya Forstater, from gender-critical campaign group charity Sex Matters, said the commission's guidance is clear. She said: 'The draft EHRC guidance reflects the law as clarified by the Supreme Court, so there can be no more excuses for failing to follow it. 'Its clear language and calm, factual tone are a welcome antidote after weeks in which trans lobby groups have sought to present the ruling as complicated and dangerous.'
Leader Live
20-05-2025
- Health
- Leader Live
EHRC says people could be asked for birth certificates to prove biological sex
The Equality and Human Rights Commission (EHRC) has published its draft guidance following the Supreme Court's ruling last month. The code of practice, which is out for public consultation for six weeks, covers a range of topics including trans people's participation in sport and use of toilets. The commission has tripled the length of time for feedback, from an original proposal of two weeks, meaning it is expected to be presented to women and equalities minister Bridget Phillipson in July rather than June. The regulator said the consultation has been extended 'in light of the level of public interest, as well as representations from stakeholders in Parliament and civil society'. Equality and Human Rights Commission chairwoman Baroness Falkner said it is important the code is 'an accurate interpretation of the law'(David Jones/PA) In the wake of April's Supreme Court ruling that the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex, the commission had issued interim guidance, saying trans women 'should not be permitted to use the women's facilities' in workplaces or public-facing services like shops and hospitals, with the same applying for trans men using men's toilets. More detailed draft guidance was published on Tuesday, with a consultation period running until June 30, as the regulator appealed for feedback as to whether its content 'could be clearer or more helpful'. The guidance says people can be asked to confirm their birth sex so long as it is 'necessary and proportionate for a service provider, those exercising public functions or an association to know an individual's birth sex to be able to discharge their legal obligations'. It cautions that any such question 'should be done in a sensitive way which does not cause discrimination or harassment'. The commission adds that if there is 'genuine concern about the accuracy of the response to a question about birth sex, then a birth certificate could be requested'. It notes that if a person has a Gender Recognition Certificate (GRC), it might be that they have an amended birth certificate in their acquired gender, and that in the 'unlikely event' further enquiries about their biological sex are needed, any 'additional requests should be made in a proportionate way which is discreet and sensitive'. Elsewhere, the draft code says trans people can be excluded from competitive sport 'when necessary for reasons of safety or fair competition', and gives an example of how some services might be able to adapt to 'offer toilets in individual lockable rooms to be used by both sexes'. The code states that a service provided only to women and trans women or only to men and trans men 'is not a separate-sex or single-sex service' under the Equality Act and could amount to unlawful sex discrimination against those of the opposite sex who are not allowed to use it. Commission chairwoman Baroness Kishwer Falkner said there has been an 'obvious' demand since the court's ruling for 'authoritative guidance' for a range of providers from businesses to hospitals to sports clubs. She said: 'It is important that our code is both an accurate interpretation of the law and clear to those who use it. 'So we want to hear views on the clarity of these updates and urge all interested parties to respond to the consultation over the next six weeks. We will consider every response carefully and amend the draft code where necessary. 'People with protected characteristics should never be discriminated against or harassed when using a service. Where services are provided on a single-sex basis, that needs to be done in a way which is consistent with the law, which protects the rights of all service users and which ensures everyone is treated with respect and dignity. 'It's vital that service providers know what they need to do to comply with the law, and that service users have confidence that every provider is doing so.' Some trans rights groups have raised concerns about the practical implications of the Supreme Court ruling. Baroness Falkner acknowledged this is a 'complex area' of law and 'bears on the rights of people with the protected characteristics of sex, sexual orientation and gender reassignment'. She added: 'We know that there are strongly held views across our society, both about how the law should be interpreted and whether it reflects the right balance between those rights. So, if everybody's rights are to be protected – as the Supreme Court confirmed the law intends – service providers and their legal advisers need help to navigate these challenges. 'The consultation launched today will help ensure our services Code of Practice is a useful and authoritative guide. Please tell us if you think it could be clearer or more helpful. 'That way, whether you're a shop owner or the chair of a local sports club, the manager of a hotel or a hospital, an HR professional or a solicitor, you will have guidance to follow so you can be confident that you're upholding the law.' The draft code will be presented to women and equalities minister Bridget Phillipson in July (Ben Whitley/PA) Campaign group the Good Law Project (GLP) last week announced it has taken the first step in a legal challenge against the watchdog, claiming the guidance is 'wrong in law'. But Maya Forstater, from gender-critical campaign group charity Sex Matters, said the commission's guidance is clear. She said: 'The draft EHRC guidance reflects the law as clarified by the Supreme Court, so there can be no more excuses for failing to follow it. 'Its clear language and calm, factual tone are a welcome antidote after weeks in which trans lobby groups have sought to present the ruling as complicated and dangerous.'
Western Telegraph
20-05-2025
- Health
- Western Telegraph
EHRC says people could be asked for birth certificates to prove biological sex
The Equality and Human Rights Commission (EHRC) has published its draft guidance following the Supreme Court's ruling last month. The code of practice, which is out for public consultation for six weeks, covers a range of topics including trans people's participation in sport and use of toilets. The commission has tripled the length of time for feedback, from an original proposal of two weeks, meaning it is expected to be presented to women and equalities minister Bridget Phillipson in July rather than June. The regulator said the consultation has been extended 'in light of the level of public interest, as well as representations from stakeholders in Parliament and civil society'. Equality and Human Rights Commission chairwoman Baroness Falkner said it is important the code is 'an accurate interpretation of the law'(David Jones/PA) In the wake of April's Supreme Court ruling that the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex, the commission had issued interim guidance, saying trans women 'should not be permitted to use the women's facilities' in workplaces or public-facing services like shops and hospitals, with the same applying for trans men using men's toilets. More detailed draft guidance was published on Tuesday, with a consultation period running until June 30, as the regulator appealed for feedback as to whether its content 'could be clearer or more helpful'. The guidance says people can be asked to confirm their birth sex so long as it is 'necessary and proportionate for a service provider, those exercising public functions or an association to know an individual's birth sex to be able to discharge their legal obligations'. It cautions that any such question 'should be done in a sensitive way which does not cause discrimination or harassment'. The commission adds that if there is 'genuine concern about the accuracy of the response to a question about birth sex, then a birth certificate could be requested'. It notes that if a person has a Gender Recognition Certificate (GRC), it might be that they have an amended birth certificate in their acquired gender, and that in the 'unlikely event' further enquiries about their biological sex are needed, any 'additional requests should be made in a proportionate way which is discreet and sensitive'. Elsewhere, the draft code says trans people can be excluded from competitive sport 'when necessary for reasons of safety or fair competition', and gives an example of how some services might be able to adapt to 'offer toilets in individual lockable rooms to be used by both sexes'. The code states that a service provided only to women and trans women or only to men and trans men 'is not a separate-sex or single-sex service' under the Equality Act and could amount to unlawful sex discrimination against those of the opposite sex who are not allowed to use it. We want to hear views on the clarity of these updates and urge all interested parties to respond to the consultation over the next six weeks. We will consider every response carefully and amend the draft code where necessary Baroness Falkner, Equality and Human Rights Commission Commission chairwoman Baroness Kishwer Falkner said there has been an 'obvious' demand since the court's ruling for 'authoritative guidance' for a range of providers from businesses to hospitals to sports clubs. She said: 'It is important that our code is both an accurate interpretation of the law and clear to those who use it. 'So we want to hear views on the clarity of these updates and urge all interested parties to respond to the consultation over the next six weeks. We will consider every response carefully and amend the draft code where necessary. 'People with protected characteristics should never be discriminated against or harassed when using a service. Where services are provided on a single-sex basis, that needs to be done in a way which is consistent with the law, which protects the rights of all service users and which ensures everyone is treated with respect and dignity. 'It's vital that service providers know what they need to do to comply with the law, and that service users have confidence that every provider is doing so.' Some trans rights groups have raised concerns about the practical implications of the Supreme Court ruling. If everybody's rights are to be protected – as the Supreme Court confirmed the law intends – service providers and their legal advisers need help to navigate these challenges Baroness Falkner, Equality and Human Rights Commission Baroness Falkner acknowledged this is a 'complex area' of law and 'bears on the rights of people with the protected characteristics of sex, sexual orientation and gender reassignment'. She added: 'We know that there are strongly held views across our society, both about how the law should be interpreted and whether it reflects the right balance between those rights. So, if everybody's rights are to be protected – as the Supreme Court confirmed the law intends – service providers and their legal advisers need help to navigate these challenges. 'The consultation launched today will help ensure our services Code of Practice is a useful and authoritative guide. Please tell us if you think it could be clearer or more helpful. 'That way, whether you're a shop owner or the chair of a local sports club, the manager of a hotel or a hospital, an HR professional or a solicitor, you will have guidance to follow so you can be confident that you're upholding the law.' The draft code will be presented to women and equalities minister Bridget Phillipson in July (Ben Whitley/PA) Campaign group the Good Law Project (GLP) last week announced it has taken the first step in a legal challenge against the watchdog, claiming the guidance is 'wrong in law'. But Maya Forstater, from gender-critical campaign group charity Sex Matters, said the commission's guidance is clear. She said: 'The draft EHRC guidance reflects the law as clarified by the Supreme Court, so there can be no more excuses for failing to follow it. 'Its clear language and calm, factual tone are a welcome antidote after weeks in which trans lobby groups have sought to present the ruling as complicated and dangerous.'
Business Mayor
08-05-2025
- Politics
- Business Mayor
MPs seek assurances from UK equalities watchdog over gender ruling
A cross-party committee of MPs has written to the UK's equalities watchdog to seek assurances that its guidance on how organisations interpret the landmark supreme court ruling on gender issues does not ignore the needs of transgender people. The letter from the Commons women and equalities committee to Kishwer Falkner, the chair of the Equality and Human Rights Commission, also urged her to extend the two-week timetable for people to submit views on how the EHRC's code of practice for organisations should work, saying this should be at least six weeks. It follows concern from transgender activists and a number of MPs that Lady Falkner and her organisation have thus far taken an overly literal approach to last month's supreme court decision, which ruled that 'woman' in the Equality Act refers only to a biological woman. Immediately after the judgment, Falkner said the ruling meant only biological women could use single-sex changing rooms and women's toilets, or participate in women-only sporting events and teams, or be placed in women's wards in hospitals. Interim guidance from the EHRC set this out more formally, saying also that in some circumstances, transgender men, who were born as women, should not be able to use male toilets, while adding that trans people 'should not be put in a position where there are no facilities for them to use'. While ministers have welcomed what they called the 'clarity' of the ruling and guidance, a number of MPs have raised worries about the implications for transgender people, for example whether people who had lived as women for decades would suddenly have to start using men's toilets. Sarah Owen, the Labour MP who chairs the women and equalities committee, has said many transgender people were 'anxious and unsure about where this ruling leaves them'. The letter, sent on behalf of the whole committee, asks Falkner to give information on a number of points, including: 'What steps the EHRC will be taking to ensure that the code of practice is supportive of the rights of all people (as noted in the supreme court judgment).' It also asks 'whether the code of practice will clarify rights of trans people, for example around strip-searching by police officers?' Following the ruling, the British Transport Police said it had updated its policy so that searches in custody would be conducted 'in accordance with the biological birth sex of the detainee', meaning trans women would in future be strip-searched by male officers. On the two-week timetable for the consultation, the committee asked: 'What the reasoning was on deciding on a two-week consultation period and how that consultation will work in practice, for example will the EHRC proactively seek input from any particular groups or stakeholders? 'As a committee, we feel that at least six weeks minimum would be more appropriate to allow all stakeholders, including individuals, charities and disability groups, businesses, health providers and local authorities to contribute.' The letter also asks Falkner to set out what advice is being given to organisations who raise queries prior to the new code being available, and when it would be finalised. It also notes that the ruling meant there 'may be legal implications beyond the scope of the issues considered by the supreme court', asking if the EHRC will accept submissions on these. The EHRC was contacted for comment.
The Guardian
02-05-2025
- Politics
- The Guardian
LGBTQ+ charities warn of ‘genuine crisis' for trans people after UK ruling
Fourteen national LGBTQ+ charities have written to Keir Starmer seeking an urgent meeting to discuss what they describe as 'a genuine crisis for the rights, dignity and inclusion of trans people in the UK' after the supreme court's ruling on biological sex. The UK supreme court ruled last month that the terms 'woman' and 'sex' in the Equality Act 2010 referred only to 'a biological woman' and to 'biological sex', with subsequent advice from the equality watchdog amounting to a blanket ban on trans people using toilets and other services of the gender they identify as. Sign up to Headlines UK Get the day's headlines and highlights emailed direct to you every morning after newsletter promotion The letter to the prime minister, signed by the leaders of Stonewall, Scottish Trans, the LGBT Consortium, TransActual and others, said the judgment had created 'confusion and a significant lack of clarity about what this means for businesses, services and civil society and most importantly the impact on trans people'. The text, seen by the Guardian, suggests the judgment turns previous understanding of the Equality Act 'completely on its head', creating 'a legal framework that simply cannot uphold the dignity, protection and respect of trans people'. It is particularly critical of the interim update issued by the Equalities and Human Rights Commission (EHRC) last Friday, which said transgender people 'should not be permitted' to use facilities of the gender they identify with. The letter suggests this amounts to 'significant overreach' that is inconsistent with the UK's obligations under the Human Rights Act and the European convention on human rights. But the chair of the EHRC, Kishwer Falkner, hit back at critics in an opinion piece in the House magazine, saying 'it is unacceptable to question the integrity of the judiciary, or indeed the regulator, as some have done'. Acknowledging that 'the public discourse on this topic continues to be polarised', Lady Falkner called on 'every legislator to read the judgment in full', saying she regretted 'any uncertainty among duty bearers and the public that has been fuelled by misunderstanding and distortion, particularly across social media'. Praising the judgment as 'a model of clarity', she underlined that 'the law it sets out is effective immediately. Those with duties under the Equality Act should be following it and taking specialist legal advice where necessary'. Falkner also dismissed claims that trans people were not being listened to as 'simply incorrect', pointing to the commission's plans to open a two-week public consultation in May to understand how the practical implications of the judgment can be reflected in an updated code of practice. The nonprofit legal organisation Good Law Project (GLP), which has raised more than £284,000 to challenge the supreme court's judgment, said it was working on about 20 related legal initiatives, including one case already before the courts. In an update to donors, GLP added it had instructed an expert team to produce legal advice on what the court's decision meant and would produce guidance for the trans community on what to do if they are challenged for using the spaces that align with their gender.
