Political reporter
The provisional orientation about single -sex spaces is “poorly considered and unhappy” and should be withdrawn, the Green Party said.
The guide, issued by the Commission on Equality and Human Rights (EHRC), followed the ruling of the United Kingdom Supreme Court that a woman is defined by biological sex under the Equality Law.
In places such as hospitals, stores and restaurants, trans women (biological men) should not be able to use women’s facilities, but should not be long without facilities to use, says the guide.
The co-leader of the Green party, Carla Denyer, told the BBC that the guide puts trans people at risk of discrimination, while Lib dem dem, Sir Ed Davey, said they were questions about how it would apply.
The Minister of the Office of the Cabinet, Pat McFadden, said that the “logical consequence” of the Supreme Court ruling and the EHRC orientation was that “people use the facilities of their biological sex.”
When asked if the government would prohibit people from using changing rooms or bathrooms they wish to wear in their own buildings, he touched the BBC: “Actually, when you say prohibition, will I be standing outside the bathrooms?
“There will be no bathing police, but that is the logical consequence of the Court’s ruling and the EHRC guide.”
The United Kingdom government has welcomed the ruling of the Supreme Court, saying that it provides “clarity” for women and service providers.
A spokesman added: “We will review and update the policy and are not necessary to ensure that it meets the latest legal requirements.”
Last week, the Supreme Court found that the terms “woman” and “sex” in the Law of Equality of 2010 “refer to a biological woman and biological sex.”
This means, for example, that transgender women, who are biological men but identify as women, can be excluded from spaces only for women.
As part of the sentence in the case presented against the Scottish ministers by the group of women Scotland, the judge of the Supreme Court Lord Hodge emphasized that the law still provides protection against discrimination to transgender people.
Carla Denyer, co-leader of the Green Party of England and Wales, said the interim guide, which was published on Friday after the ruling of the Supreme Court on April 15, was “hurried and poorly thought.”
“It is a really obvious leg that have not included trans people,” he told BBC One’s Sunday with the Laura Kuensberg program.
He added that the guide puts trans people at risk of discrimination, special in workplaces, and “seems to fly in front of the strong tradition of tolerance that we have in Britain.”
The Green Party said in a statement that the guide would probably cause “anguish” to the trans community, as well as “greater confusion to employers, companies and service providers.”
It is asking that the orientation be withdrawn “until the EHRC can produce something more thought that takes into account the voices of all those affected.”
Denyer questioned what should happen if trans people cannot go to the bathroom of their gender or their birth sex.
The guide also establishes that, in some circumstances, the law allows trans women (biological men) to be allowed to use men’s facilities, and trans (biological women) are not allowed to use women’s facilities.
When asked to clarify this, the EHRC pointed out a section of the ruling of the Supreme Court that states that transfers could be excluded from women’s facilities “, where the reasonable object is tasks for its presence, since the process of examples has attributes of gender raking to which reasonable objection could be tasks” in the context of a service only for women.
However, the guide says that when possible mixed sex baths or changing facilities, they must be tested, with closed rooms aimed at being used by one person at the same time, in addition to the single sex facilities.
Denyer also raised groups that for the associations or places of lesbians who wanted to include trans women, the council seemed to say that they would not be allowed to do so.
The orientation establishes that “an association only for women or only lesbian should not admit trans women (biological men)”, while “an association of men only for men or homosexuals should not admit men (biological women).”
Sir Ed also told the program that many people were confused and anxious for the guide, for example, on which toilet a trans man (biological woman) should go.
The Lib dem -leader said that his party accepted the ruling of the Supreme Court, but there had to be more debate in Parliament to achieve a clear solution that “respects the rights of people.”
The EHRC, which applies the Equality Law and provides guidance to political leaders, public sector agencies and companies, is expected to initiate a two -week consultation to seek opinions of those affected in May.
The Guardian dog aims to provide an updated practice code to the government for the ministerial approach at the end of June.
A spokesman for EHRC said: “The law is how it is established in the very legible judgment of the Supreme Courts and is immediately effective.
“Employers, service providers and others with duties under the Equality Law must follow the law and must take appropriate specialized legal advice when necessary.
“But we know that many people have questions about the consequences of judgment and what it means to them, so we issue this [guidance] In the interim. “
The spokesman added: “We remain committed to promotion equality and address discrimination in all its forms.”
