A new British law, which explains a landmark court ruling, says transgender people can be barred from single-sex spaces, such as toilets or hospital wards, if it is necessary to protect their privacy, Reuters reports.
Britain’s High Court ruled in April that the term “sex” refers to biological sex, meaning a trans woman is legally considered a man and a trans man is a woman. Women and Equality Minister Bridgette Phillipson said the new rules would ensure that organisations had clear guidelines on how to enforce the rules and that human rights would be protected across the country.
Phillipson laid the guidelines, prepared by the Equality and Human Rights Commission, before parliament on the 21st of May, and if no objections are raised within 40 days, they will replace the code that has been in place since 2011.
The move follows a legal challenge brought by the activist group For Women Scotland against the devolved Scottish government. While the Supreme Court ruling does not overturn transgender protections, and Phillipson has said they will remain in place,
many organisations are questioning how the law will work in practice.
Britain’s equality watchdog, the EHRC, issued interim guidance shortly after the ruling, saying that in some cases transgender women could be denied access to places reserved for women, such as single-sex toilets, hospital wards or shelters. The new rules are also expected to affect schools, prisons, sports facilities and healthcare facilities.
Trans rights groups have said the EHRC’s approach risks excluding transgender people from everyday life, while supporters of the decision say stricter rules are needed.
The new guidelines say that services for same-sex people can be restricted on the basis of biological sex if this is proportionate to the aim being achieved, such as ensuring privacy, dignity or safety. Decisions should be made that take into account the needs of all users.
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