News & Campaigns

All the latest from HER-itage and our affiliates

Government response to petition to make clear that “sex” in the Equality Act is biological sex

Government response on 26 January 2023

Under the Equality Act 2010, providers are already able to restrict the use of spaces/services on the basis of sex and/or gender reassignment where justified. Further clarification is not necessary.

The Equality Act 2010 provides protection against discrimination, harassment and victimisation across a number of grounds, including sex. We are committed to upholding Britain’s long-standing record of protecting the rights of individuals against unlawful discrimination.

The Equality and Human Rights Commission (EHRC) have published guidance on the existing legislation which provides much needed clarity to those offering single-sex spaces. It does not change the legal position or the law.

As the guidance makes clear, it is entirely acceptable for providers of single-sex services to take account of the biological sex of their service users. Where it is a proportionate means of achieving a legitimate aim, the Equality Act 2010 is clear that service providers can exclude, modify or limit access for transgender people, even where they have a Gender Recognition Certificate (GRC). This includes where a service provider has concerns that the presence of individuals who are biologically male could prevent them from meeting their aims, such as in the example below, included in the guidance:

“A group counselling session is provided for female victims of sexual assault. The organisers do not allow trans women to attend as they judge that the clients who attend the group session are likely to be traumatised by the presence of a person who is biologically male.”

It is important that providers of single-sex services are clear that biological sex can be taken into consideration when providing services.

The Government is committed to maintaining the safeguards that allow organisations to provide single-sex spaces. It is important that the principle of being able to operate spaces reserved for women and girls is maintained. Government is committed to tackling harassment and abusive behaviours by all individuals, and ensuring single-sex spaces are safe for those using them.

Cabinet Office

  • This is a written response as the petition reached more than 10,000 signatures.
  • Should the petition reach 100,000 then the petition will be considered for a debate in Parliament

The petition is still open for signing at https://petition.parliament.uk/petitions/623243

See also http://www.womensgrid.org.uk/?p=20737

January 31, 2023

Scottish Justice Secretary statement on protecting prisoners

Measures to protect female prisoners

The Justice Secretary has announced (29 January 2023) the introduction of measures to ensure the on-going safety of prisoners while the Scottish Prison Service undertakes a review of the management of trans prisoners.

The measures will be in place until the reviews are completed and will mean that no newly convicted transgender person with any history of violence against women will be placed in a female prison – including female sections of prisons traditionally used to house males – and any transgender prisoner with this history will not be moved from a male to a female prison.

Justice Secretary Keith Brown said:

“I understand that the issue of any trans woman being convicted of violent and sexual offences is a highly emotive subject and that the public concern is understandable.

“As the First Minister pointed out last week, we must not allow any suggestion to take root that trans women pose an inherent threat to women.  Predatory men are the risk to women. However, as with any group in society, a small number of trans women will offend and be sent to prison. Therefore, I hope that the measures I am about to highlight will offer reassurance in the ongoing ability of the prison service to manage trans individuals and ensure the safety of all prisoners.

“We must also never forget that there are victims in these cases. My thoughts remain with them.

“I explained in Parliament last week my trust in the Scottish Prison Service in managing and dealing with offenders and the risks that they can pose. That includes the tiny fraction – around 0.2% of prison population – of people in prison who are trans.

“As we always acknowledge, it is important arrangements for the management of offenders are kept under review.

“It is important to be clear, however, that SPS policies have in no way been changed or impacted by the recent passing of the Gender Recognition Reform Bill (which, in any event, is not yet in force).

“SPS have already been undertaking, in dialogue with the Scottish Government and other stakeholders, a review of the management of trans prisoners, which is nearing completion

“In addition, an urgent lessons learned review has been instructed in relation to the case of Isla Bryson, with any learning to be applied immediately to existing transgender cases in the prison estate. The latter review will report to the CEO by Friday 3 Feb.

“Until these reviews are complete, however, I can confirm that the following will apply (unless there are exceptional circumstances, in which case the approval of Ministers will be required):

  1. No transgender person already in custody with any history of violence against women will be moved from the male to the female estate.
  2. No newly convicted or remanded transgender prisoner with any history of violence against women will be placed in the female estate. Violence against women includes sexual offences against women.

“The on-going safety of prisoners – many of whom have experienced gender based violence in the community – will remain the priority in all actions that are taken.

“Beyond the steps being set out today, it is vital that decisions about the location and management of prisoners continue to be based on thorough risk assessment, drawing on the expertise and input of relevant professionals and applying any lessons learned from the reviews referred to.

“I am grateful to the Scottish Prison Service for their continued ongoing work in this area and for their professionalism in dealing with complex, high profile and challenging individuals within their care.”

https://www.gov.scot/news/justice-secretary-statement-on-protecting-prisoners/

 

January 31, 2023

Violence against women and girls funding review: analysis of responses – Scottish Government

Analysis of the responses to the Strategic Review of Funding and Commissioning of Violence Against Women and Girls Services call for evidence.

In 2014, the Scottish Government launched Equally Safe, a strategy to prevent Violence Against Women and Girls (VAWG). In this context, an Independent Review of Funding and Commissioning of Violence Against Women and Girls Services in Scotland (“the Review”) was announced by the Cabinet Secretary for Social Justice, Housing and Local Government. The Review will produce a report by June 2023, including the Chair’s recommendation to develop a funding model focused on services for women, children and young people experiencing any form of VAWG. In June 2022, the Review launched a call for evidence to inform the Chair’s recommendations on developing the new funding model.

Key findings

The quantitative analysis of the responses to closed-ended questions showed that:

  • 45% of respondents agreed that services for women and children experiencing VAWG should also be provided by other organisations in addition to third sector organisations, local authorities, the Scottish Government, NHS Scotland and Police Scotland.
  • 84% of respondents believed that access to services for those experiencing VAWG should be a right in law for any woman who needs them, and 82% believed this is also necessary for children or young people.
  • More than 70% of respondents believed that services for victims of VAWG should be based on need in their local area and 43% of respondents believed services should be the same in every local area.
  • The preferred optimum length for funding services is 5-years (34% of responses), while 31% preferred a funding period of 10-years.

The qualitative analysis of 355 open-ended responses revealed a set of cross-cutting themes, including, in order of those most frequently cited, requests for:

Single-sex spaces and services

The most frequent cross-cutting theme concerned the need for single-sex services and female-only staff. Respondents highlighted that single-sex services should be made into law, widely available, clearly advertised and co-exist with non-single-sex options. Responses suggested that single-sex spaces are vital to ensuring victims of VAWG feel safe and protected, otherwise women might self-exclude due to religious or cultural reasons.

Interagency collaboration and holistic approach to service delivery

Respondents described a holistic approach to VAWG as the combination of healthcare, forensic services, mental health support, financial aid, legal advice and refuges delivered in an integrated and coordinated way. Answers emphasised that victims/survivors of VAWG have multiple and overlapping needs which can only be addressed by combining services through a flexible and case-specific referral pathway. This is especially the case for victims with complex needs, such as those with addictions or mental health issues.

Funding

According to respondents, the current level of funding for services to tackle VAWG results in limited capacity to help victims and creates long waiting lists. In this context, both local authorities and the Scottish Government should provide adequate, long-term funding to plan effectively, increase the range of services offered and improve accessibility. Additionally, sufficient long-term funding would also ensure the long-term sustainability of VAWG provision, particularly regarding services provided by third sector organisations.

To read the rest of the Executive Summary and the full report go to https://www.gov.scot/publications/analysis-call-evidence-responses-violence-against-women-girls-funding-review/

January 31, 2023

1 in 6 children face sexual harassment in public – Crimestoppers

A major new survey and report, commissioned by Crimestoppers, has revealed that one in six children face unwanted sexual harassment in public from the age of 10.

The report, by the University of Suffolk, sheds light on general attitudes to sexual harassment and the age at which victims are targeted, and follows the impact of the #MeToo movement against sexual abuse and harassment. Whilst 1,800 people participated in the survey, none of the questions were mandatory due to the sensitivity of the subject matter.

Key findings are:

  • Around one in six participants’ (16.8%) first experience occurred when they were aged 10 or younger (3.7% aged 0-5, 13.1% aged 6-10)
  • 30.9% of participants first encountered unwanted sexual behaviour between the ages of 14-16
  • Almost the same percentage (29%) first experienced unwanted approaches between 11-13 years

These shocking findings demonstrate that the majority of those who experience sexual harassment encounter it for the first time during adolescence or childhood.

Alarmingly, the survey also found that that 10% of women said they had been raped, with 23% saying they had been ‘forced’ to have sex.

We’ve launched a national campaign to challenge attitudes and increase reporting on those responsible.

More findings:

  • In a clear message to the culprits, less than 1% of victims said they felt flattered, attractive or desired after their most recent harassment experience
  • Strikingly, around 78% of female participants spoke of experiencing unwanted questions about their sex life, and two thirds experienced staring (leering) and comments on their clothes, body or appearance. The research found that respondents change their behaviour or activities to avoid a repeat incident, with nearly 10% shunning outdoor areas where they had previously encountered unwanted sexual behaviours
  • More than a third (38%) have been followed and nearly a quarter (23%) have witnessed flashing/genital exposure. Whilst the largest group of perpetrators were strangers, they were closely followed by classmates during their younger years, then acquaintances and colleagues in later life

Part of a longer report at https://crimestoppers-uk.org/campaigns-media/campaigns/violence-against-women-and-girls-report-launch

January 31, 2023

Update on changes to transgender prisoner policy framework – Ministry of Justice

Further information on the changes we are making to our transgender prisoner policy framework. Ministry of Justice, HM Prison and Probation Service, and The Rt Hon Dominic Raab MP

On October 4 2022 the Justice Secretary announced plans to reform our policy on the allocation of transgender prisoners. Under the reforms, transgender women with male genitalia, or those who have been convicted of a sexual offence, should no longer be held in the general women’s estate.

This will create a strong presumption, but allow for exemptions to be considered by Ministers on a case-by-case basis – though only the most truly exceptional cases will be considered.

We will be publishing an updated policy framework shortly, which will set out the new guidance in detail and how it will be implemented by the Prison Service. The implementation of this new policy will take effect soon after we have published the revised framework.

The safety of all prisoners is paramount. These changes will ensure a sensitive and common-sense approach to meeting the needs of women in custody, while we continue to ensure that transgender prisoners are appropriately supported in whichever estate they are located in.

Question: Where are transgender prisoners currently placed?

The placement of transgender prisoners is subject to a thorough risk-assessment in every case. More than 90% of transgender women in prison are housed in men’s prisons, and most do not request a move to a women’s prison. There is no obligation to move transgender prisoners according to their wishes.

Transgender women without a Gender Recognition Certificate – i.e. who are not legally female – are initially sent to a male prison as a matter of course.

Question: What will happen as a result of these new changes?

As a result of the new policy, transgender women who are in future sentenced to custody and

  • have male genitalia

OR

  • who have been convicted of sexual offences

will not serve their sentences in the general women’s estate unless there are exceptional circumstances.

Question: Does that mean transgender women currently in the women’s estate will be moved into male prisons?

In relation to transgender women currently in the women’s estate, there will be a thorough assessment of individuals – both the risks to them and any risks they pose to others – before any move is considered. Transgender women who cannot be held safely in either the male or female estate can be held in a specialist unit.

https://www.gov.uk/government/news/update-on-changes-to-transgender-prisoner-policy-framework

 

January 25, 2023