Category Archives: gender

Letter from Minister for Women and Equalities Kemi Badenoch to the Ofsted Chiel Inspector (22 June 2023)

In my capacity as Minister for Women and Equalities I would like to request that Ofsted carry out a snap inspection of Rye College, in East Sussex. This is following the widely circulated recording of a teacher acting inappropriately regarding her pupils’ beliefs about sex, gender and a fellow pupil who claimed to identify as a cat, which in my view raises issues about safeguarding at the school.

As you will be aware, the UK courts have ruled that gender critical beliefs – the belief that sex is biological and immutable, that people cannot change their sex and that sex is distinct from gender-identity – are classed as a philosophical belief worthy of respect in a democratic society and are therefore a protected characteristic under section 10 of the Equality Act 2010. Through her behaviour, including her assertion that the pupils’ beliefs were ‘despicable’, my view is that the teacher was not acting in a way consistent with the Equality Act’s requirements upon schools, nor in accordance with Ofsted’s Education Inspection Framework’s requirements to promote respect for the different protected characteristics as defined in law.

In addition, by apparently teaching contested political beliefs as fact – including that there are ‘lots of genders’ or that ‘gender is not linked to the parts that you were born with’ – beliefs which are both politically controversial and have no scientific basis – it appears to me that the teacher was  in breach of the political impartiality requirements set out in Articles 406 and 407 of the Education Act 1996.

Ofsted has previously conducted snap inspections where concerns have come to light about safeguarding, equality and bullying, including at Denton Community College this year, John Fisher School last year, and three Steiner schools in 2019, amongst others. Ofsted has not, to date, carried out similar snap inspections of state schools when gross misrepresentations of Equality Law, or of statutory safeguarding guidance, or of breaches of the impartiality duty, have been exposed.

You will of course be aware that the Government is intending to publish guidance on transgender issues, and is also reviewing the RSHE guidance. This guidance, on which I am working closely with my Cabinet colleagues, will be of use and guidance to teachers and school leaders who are dealing with difficult cases. It should not be necessary, however, to wait for this guidance in order to tackle gross breaches of existing legislation – whether of Equality law, safeguarding guidance or the Impartiality duty – or to take action against incidents such as those revealed by this recording.

I know that the Secretary of State for Education has asked her officials to look into recent events at the school.  At the same time, we have a shared interest in the correct application of Equality Law, in ensuring that schools comply with their duty to be impartial – including around their teaching of equality-related matters – and that, most importantly, schools are safe places for all children. I am confident that you will carefully consider my request for an inspection, and trust that you will see the importance, both for this school and the integrity of the school system more broadly, in carrying one out.

https://www.gov.uk/government/publications/letter-from-minister-for-women-and-equalities-to-the-ofsted-chief-inspector

June 23, 2023

Allow women and girls to speak on sex, gender and gender identity without intimidation or fear – UN Special Rapporteur on violence against women and girls, its causes and consequences

  • Threats and intimidation against women expressing their opinions on sex and sexual orientation is deeply concerning, said Reem Alsalem, the UN Special Rapporteur on violence against women and girls in a statement released on 22 May 2023.
  • In the context of disagreements between some women’s rights activists and transgender in a number of countries in the Global North. Alsalem warned that violence against women and intimidation against people for expressing differing views.

“Discrimination based on sex and sexual orientation is prohibited in international and regional human rights law.

I am concerned by the shrinking space in several countries in the Global North for women and feminist organisations and their allies to gather and/or express themselves peacefully in demanding respect for their needs based on their sex and/or sexual orientation.

Law enforcement has a crucial role in protecting lawful gatherings of women and ensuring women’s safety and rights to freedom of assembly and speech without intimidation, coercion, or being effectively silenced. It is clear that where law enforcement has failed to provide the necessary safeguards, we have witnessed incidents of verbal and physical abuse, harassment, and intimidation, with the purpose of sabotaging and derailing such events as well as silencing the women who wish to speak at them.

I am disturbed by the frequent tactic of smear campaigns against women, girls and their allies on the basis of their beliefs on non-discrimination based on sex and same-sex relations. Branding them as “Nazis,” “genocidaires” or “extremists” is a means of attack and intimidation with the purpose of deterring women from speaking and expressing their views. Such actions are deeply troubling, as they are intended to instill fear in themshame them into silence, and incite violence and hatred against them. Such acts severely affect the dignified participation of women and girls in society.

I am also concerned by the way in which provisions that criminalise hate speech based on a number of grounds, including gender expression or gender identity, have been interpreted in some countries. Women and girls have a right to discuss any subject free of intimidation and threats of violence. This includes issues that are important to them, particularly if they relate to parts of their innate identity, and on which discrimination is prohibited. Holding and expressing views about the scope of rights in society based on sex and gender identity should not be delegitimised, trivialised, or dismissed.

According to international human rights law, any restriction on freedom of expression should be carried out strictly in accordance with the human rights standards of legality, necessity, proportionality and to serve a legitimate aim. Those disagreeing with the views of women and girls expressing concerns related to gender identity and sex also have a right to express their opinion. However, in doing so they must not threaten the safety and integrity of those they are protesting against and disagreeing with.Sweeping restrictions on the ability of women and men to raise concerns regarding the scope of rights based on gender identity and sex are in violation of the fundamentals of freedom of thought and freedom of belief and expression and amounts to unjustified or blanket censorship.

Of particular concern are the various forms of reprisals against women, including censorship, legal harassment, employment loss, loss of income, removal from social media platforms, speaking engagements, and the refusal to publish research conclusions and articles. In some cases, women politicians are sanctioned by their political parties, including through the threat of dismissal or actual dismissal.”

Notes:

  • Reem Alsalem is the UN Special Rapporteur on violence against women and girls, its causes and consequences;
  • The Special Rapporteurs, Independent Experts and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

https://www.ohchr.org/en/press-releases/2023/05/allow-women-and-girls-speak-sex-gender-and-gender-identity-without

 

May 23, 2023

New transgender prisoner policy comes into force – MOJ & HMPPS

Transgender women with male genitalia will no longer be able to be held in mainstream women’s prisons, under new measures which came into force on 27 February 2023.

  • updated framework in place from today (27 February 2023)
  • transgender women offenders no longer housed in women’s prisons if they have male genitalia or have committed sex crimes
  • new approach extended to include those who have committed violent crimes

The Deputy Prime Minister has also announced measures will go one step further than previously set out – by extending the rules to cover transgender women who have been convicted of violent offences.

The new guidance will apply regardless of whether transgender prisoners have a Gender Recognition Certificate, with exemptions only to be made in the most exceptional cases – and with the express approval of Ministers.

The Deputy Prime Minister, Lord Chancellor and Justice Secretary, Dominic Raab, said:

Safety has to come first in our prisons and this new policy sets out a clear, common-sense approach to the housing of transgender prisoners.

With these sensible new measures in place, transgender offenders who have committed sexual or violent crimes or retain male genitalia will not serve their sentence in a women’s prison, unless explicitly approved at the highest level.

Under the changes, transgender women who are sentenced to custody in the future will not be held in the general women’s estate if they retain male genitalia or have been convicted of a violent or sexual offence – unless in the most exceptional cases. Exemptions will be considered for those currently held in the women’s estate who are assessed as low-risk.

At present more than 90% of transgender women are housed in men’s prisons and most do not request a move to the women’s estate. There is currently no obligation to place a transgender prisoner according to their preference, and where individuals are held is based purely on risk.  However, the government has decided to take this further step as an additional measure to protect women.

Transgender women prisoners who cannot be safely housed in a men’s prison can be imprisoned in a specialist unit.

https://www.gov.uk/government/news/new-transgender-prisoner-policy-comes-into-force

March 1, 2023

10 March 2023 ~ IPSO public consultation on draft guidance on the reporting of sex and gender identity – Closing date

IPSO – the Independent Press Standards Organisation – is seeking views on its new guidance on the reporting of sex and gender identity.  

  • The draft uses case studies to illustrate how the Editors’ Code of Practice – the framework by which IPSO regulates the press – applies to this complex reporting area.
  • Developing and publishing guidance is one way that IPSO supports editors and journalists to raise editorial standards. It is not mandatory.

In developing this draft, IPSO has carried out a significant programme of engagement with editors, with IPSO committees and advisory groups, and others who expressed a wide range of views on the reporting of gender identity and sex.

This guidance is not mandatory but is intended to support editors and journalists to improve the quality of editorial decision-making.

The consultation is open to members of the public, journalists, experts, and anyone with an interest in reporting of this subject. It will last four weeks, ending at midday on Friday 10 March, 2023. 

Jane Debois, Head of Standards and Regulation at IPSO, said:  

“Sex and gender identity regularly features in the UK press and this non-binding guidance is intended to help understand how the Editors’ Code of Practice is applied in this area of reporting.

“Over the past nine months we have carried out extensive engagement with a wide range of interested groups, journalists, and publishers. The outcome is draft guidance designed to be a part of an editorial toolkit to support the decision-making process on stories about sex and gender identity. Like other IPSO guidance, its aim is to advise, not to prescribe, define, or limit choices made by journalists and editors.

“Most complaints to IPSO relate to accuracy (Clause 1). In this guidance, we have identified key themes to help editors navigate topics relating to the reporting of sex and gender identity. The guidance strikes a balance between freedom of expression and the rights of the individual not to face discrimination and intrusion.

“We are seeking views from people interested in this area to ensure we have the widest spectrum of opinion on the draft.”

IPSO regulation is an indicator of quality and accountable journalism. This draft guidance will help regulated publishers to maintain and demonstrate their value to the public, in print and online.

Part of a longer press release at https://www.ipso.co.uk/news-press-releases/press-releases/ipso-launches-public-consultation-on-draft-guidance-on-the-reporting-of-sex-and-gender-identity/

 

February 13, 2023

Case review on management of a transgender prisoner – Scottish Government

Women were not at risk from harm

An urgent case review into the management of a transgender person in custody has found that at no point were any women in the care of the prison service at risk of harm.

The Scottish Prison Service (SPS) review also confirmed the person did not come into contact with any other prisoners during their time at HMP&YOI Cornton Vale and that SPS policy was followed during each decision making process and risk assessment.

The review makes four key recommendations into the management of transgender individuals:

  • the creation of a shared justice process for admitting transgender people to prisons in Scotland – to help improve decision making at admission and subsequent case conferences
  • better communication between justice partners to ensure a clearer approach to the transfer of transgender people from court to custody
  • for the wider SPS Gender Identity and Gender Reassignment (GIGR) Policy Review to consider improvements to ‘admission’ and ‘placement and management’ and for SPS to consider the weight of a person’s previous offending history to be considered as part of the case conference process
  • to strengthen the balance around the risk of harm with an individualised approach as part of the admissions process to prison, allowing for someone to be located in secure isolation for the sole purpose of a risk assessment based on known and unknown risks

In addition to the recommendations, SPS is also undertaking a full multi-disciplinary case review for each transgender person in custody. The Service is also continuing to progress, in dialogue with the Scottish Government and other stakeholders, a review of the management of trans prisoners as part of its GIGR Policy Review.

Until these reviews are complete any transgender person in custody who has a history of violence against women – including sexual offences will not be relocated from the male to female estate. Additionally,  any newly convicted or remanded transgender prisoner will initially be placed in an establishment commensurate with their birth gender.

Part of a longer press release published on 9 February 2023 https://www.gov.scot/news/case-review-on-management-of-a-transgender-prisoner/

February 13, 2023