Category Archives: gender

EHRC urges governments to work together on gender recognition reform

As the regulator of the Equality Act 2010, the Equality and Human Rights Commission upholds and enforces Britain’s equality laws.

Our duty is to provide independent advice to governments on how new laws, and proposed changes to the law, might affect equality legislation.

In January this year, we called for more detailed consideration of proposals to reform the legal gender recognition process in Scotland.

We have now written to the Scottish and UK governments to set out the implications of the proposed legislation for the operation of the Equality Act. We urge both governments to work together to minimise the risk of uncertainty before the legislation proceeds.

Read the letters:

https://equalityhumanrights.com/en/our-work/news/ehrc-urges-governments-work-together-gender-recognition-reform

October 5, 2022

19 December 2022 ~ CPS seeks public’s views on draft ‘Deception as to Gender’ legal guidance – Consultation Closes

A public consultation on updated legal guidance regarding deception as to gender in rape and serious sexual assault cases has been launched by the Crown Prosecution Service on 26 September 2022.

The draft guidance reflects the case law on deception as to gender and whether it could affect consent and addresses the issue where a suspect’s gender identity differs from the sex they were assigned at birth.

Siobhan Blake, CPS lead for rape and serious sexual assault said: “Cases where the issue of deception as to gender is a factor are rare, but they involve complex and sensitive decision-making. It is important that our prosecutors have access to the latest case law when considering whether the threshold for criminal charges has been met. While every case must be decided on its own specific facts, we want to be transparent in setting out the factors that should be considered.

“Our draft guidance has already benefited from the input of a number of interested groups, but we want the final product to be informed by as wide a range of views as possible. We are inviting comments to make sure that it strikes the right balance, so we can meet our obligations to be fair to both victims and suspects.”

When finalised, the draft guidance will update one chapter of the guidance for prosecutors on rape and sexual offences, which was comprehensively revised last year.

It sets out relevant information that must be considered when weighing up evidential and public interest factors. Prosecutors are asked to consider the evidence and circumstances of the alleged assault to determine whether the complainant has been deceived, using a three-stage approach:

  1. Has there been active or deliberate deception by the suspect?
  2. Was the complainant deceived and therefore did not consent?
  3. Did the suspect reasonably believe the complainant consented?

Prosecutors are asked to consider issues such as how the suspect perceived their gender at the time of the offence and assess whether there has been an active or deliberate deception. This involves looking at the actions of suspect before, during and after the incident to fully understand the circumstances and context of the alleged attack.

The updated guidance also provides greater clarity on the Gender Recognition Act 2004 which allows individuals to have their affirmed gender recognised in law, whilst making it clear that a person’s gender identity is not dependent on them doing so.

The public consultation sets out eight questions, including:

whether any evidential considerations and public interest factors should be added, removed or amended; and
whether the language is appropriate.

The 12-week consultation begins on 26 September and will end on 19 December.

https://www.cps.gov.uk/cps/news/cps-seeks-publics-views-draft-deception-gender-legal-guidance

September 27, 2022

23 May 2022 16:30 ~ Legal recognition of non-binary gender identities to be debated by MPs – Petition Committee – Online

On Monday 23 May, MPs will debate a petition relating to legal recognition of non-binary gender identities.

Elliot Colburn MP, a member of the Petitions Committee, has been asked by the Committee to open the debate. MPs from all parties can take part, and Mike Freer MP, Minister for Equalities at the Cabinet Office, will respond for the Government.

Make non-binary a legally recognised gender identity in the UK

The petition, which has more than 140,000 signatures, states: “Have non binary be included as an option under the GRP (Gender Recognition Panel)/ GRC (Gender Recognition Certificate), in order to allow those identifying as non binary to be legally seen as their true gender identity. As well as having ‘Non-binary’ be seen as a valid transgender identity.”

In response to the petition, provided on 20 May 2021, the Government said: “As set out in the response to the Gender Recognition Act consultation, there are no plans to make changes to the 2004 Act.”

https://committees.parliament.uk/committee/326/petitions-committee/news/166136/legal-recognition-of-nonbinary-gender-identities-to-be-debated-by-mps/

May 5, 2022

Separate and single-sex service providers: a guide on the Equality Act sex and gender reassignment provisions – EHRC

What this guide covers

As the regulator for the Equality Act, we provide guidance on the law to help organisations comply with their legal obligations.

This guide covers the exceptions in the Equality Act relating to sex which allow: services to be provided, or a policy to be applied:

  • only to one sex
  • separately to people of each sex.
  • differently to people of each sex

It also covers the provisions in the Equality Act relating to gender reassignment which allow providers of separate or single-sex services to exclude, modify or limit access to trans people.

This guide provides information on:

  • what the law says
  • how to decide when to use the exceptions
  • practical steps you can take.

Summary

  • The Equality Act allows for the provision of separate or single sex services in certain circumstances under ‘exceptions’ relating to sex.
  • To establish a separate or single-sex service, you must show that you meet at least one of a number of statutory conditions (set out in this section of the guide) and that limiting the service on the basis of sex is a proportionate means of achieving a legitimate aim. For example, a legitimate aim could be for reasons of privacy, decency, to prevent trauma or to ensure health and safety. You must then be able to show that your action is a proportionate way of achieving that aim.
  • There are circumstances where a lawfully-established separate or single-sex service provider can prevent, limit or modify trans people’s access to the service. This is allowed under the Act. However, limiting or modifying access to, or excluding a trans person from, the separate or single-sex service of the gender in which they present might be unlawful if you cannot show such action is a proportionate means of achieving a legitimate aim. This applies whether the person has a Gender Recognition Certificate or not.
  • When considering how your service is provided to trans people, you must balance the impact on all service users and show that there is a sufficiently good reason for excluding trans people or limiting or modifying their access to the service. Some service providers may find it helpful to have a policy for how services are provided to trans people. Where this is the case we recommend you develop a policy but this is not a legal requirement. If you do have a policy you should be prepared to consider whether particular circumstances justify departing from the policy.

To download the guidance and read more go to https://www.equalityhumanrights.com/en/advice-and-guidance/separate-and-single-sex-service-providers-guide-equality-act-sex-and-gender

April 4, 2022

Reform of the Gender Recognition Act: Government response to the Committee’s Third Report

Fifth Special Report

The Women and Equalities Committee published its Third Report of Session 2021–22, Reform of the Gender Recognition Act (HC 977), on 21 December 2021. The Government response was received on 10 March 2021 see below.

Government Response Introduction

  1. The Women and Equalities Committee’s (WEC) report on the Reform of the Gender Recognition Act (GRA) was published on 21 December 2021.
  2. The report by WEC made 26 recommendations in relation to the Government response to the consultation on the review of the Gender Recognition Act 2004 and issues affecting transgender people.
  3. The Government welcomes the WEC’s work and recommendations on the legal recognition of transgender people and wider transgender equality issues. As we made clear in our written evidence submitted to the inquiry, Government is clear that we want people who are transgender to be able to live their lives as they wish.
  4. The previous administration launched a consultation on reforming the GRA. The debate around this consultation was intense, reflected in the volume of responses received of over 100,000. As part of the consultation process and since it closed, meetings were held with approximately 140 representative organisations, including transgender, LGBT and women’s organisations. The GRA is an important issue and we wanted to ensure it was fully considered and all opinions were heard.
  5. We published our response on 22 September 2020. We concluded that the current provisions allow for those that wish to legally change their sex to do so, and we will not be changing the legislation. However, as set out in our response, we identified opportunities to improve the process and experience of transgender applying for a Gender Recognition Certificate (GRC). Since then, we have taken action to make the application process more straightforward. We will cut bureaucracy by digitising the process and enabling applications via gov.uk and we have already reduced the £140 fee to the nominal amount of £5.
  6. In the year of Safe to Be Me: A Global Equality Conference and with our commitment to banning conversion therapy including practices aimed at changing someone’s transgender status, the Government will continue to move forward with tangible action to improve the lives of transgender people.

To read all the Government responses in detail go to https://publications.parliament.uk/pa/cm5802/cmselect/cmwomeq/129/report.html

March 29, 2022