Single sex toilets must exclude transgender people, says EHRC
Summary
The Equality and Human Rights Commission (EHRC) in the UK has issued a new code of practice stating that single-sex toilets and changing rooms must be based on biological sex, excluding transgender people from these spaces. The guidance also advises businesses to provide gender-neutral toilets as an alternative for those who do not want to use facilities based on biological sex.Key Facts
- The EHRC code applies to England, Wales, and Scotland.
- The guidance follows a Supreme Court ruling that "sex" in equality law refers only to biological sex.
- Single-sex spaces must exclude transgender men and women in line with this ruling.
- Businesses and service providers should offer gender-neutral toilets or alternatives.
- In healthcare, trans patients must be placed in wards matching their biological sex if mixed wards are unavailable.
- Using gender identity to admit trans people changes the legal status of a "single-sex" service and could lead to legal challenges.
- The EHRC chair, Mary-Ann Stephenson, emphasized focusing on practical solutions for different needs beyond just which toilets trans women can use.
- Reactions to the guidance are mixed, with some groups supporting it as protecting women's rights and others concerned it marginalizes transgender people.
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