EHRC says trans women can be barred from female-only spaces

The Equality and Human Rights Commission (EHRC) has today published new guidance that says trans women can be barred from female-only toilets and changing rooms.

The EHRC says the guidance will help service providers make lawful decisions about any single-sex services they offer by explaining the permitted sex and gender reassignment exceptions in the Equality Act 2010.

It says that organisations such as hospitals, retailers, hospitality and sports clubs ought to put in place policies that are both legal and balance the needs of different groups.

The guidance also argues that service providers wishing to limit services to a single sex are legally able to do so, provided the reasons are “justified and proportionate.”

Providers can also legally choose to open their services to all groups. According to the the 2010 Equality Act, one must not discriminate against another because of the protected characteristics of sex or gender reassignment.

However, the Act includes “exceptions” which allow organisations lawfully to exclude, modify, or limit access to certain groups in certain circumstances.

EHRC chair, Baroness Kishwer Falkner, said: “Our mission at the EHRC is to protect the rights of everyone and ensure that people across Britain are treated fairly.

“There is no place for discrimination against anyone based on their sex or gender reassignment.

“Where rights between groups compete, our duty as an independent regulator is to help providers of services and others to balance the needs of different users in line with the law.

“Organisations are legally allowed to restrict services to a single sex in some circumstances. But they need help to navigate this sensitive area. That is why we have published this guidance – to clarify the law and uphold everyone’s rights.”

Women’s rights campaign group Sex Matters, said the guidance was “positive” and “welcome”.

Meanwhile the LGBT+ anti-abuse charity Galop criticised the advice, accusing the EHRC of relying “heavily on the existence of trans-inclusive local services, particularly for trans victims of abuse and violence. This approach fails to acknowledge the current inadequate levels of trans-inclusive or LGBT+ specialist service provision in the UK.”