Latest news with #TransActual
The Guardian
7 hours ago
- Health
- The Guardian
Transgender campaigners call for European rights body to report on UK
A collection of groups campaigning on transgender issues have urged Europe's main human rights body to investigate the UK over the implementation of the supreme court's ruling on gender. In a joint letter to the Council of Europe, the organisations said the situation in which transgender people were likely to be barred from using toilets of their acquired sex or joining single-sex organisations placed them in an 'intermediate zone' of gender, saying this was a violation of the European convention on human rights (ECHR). The five groups, Trans+ Solidarity Alliance, TransActual, Equality Network and Scottish Trans, Trans Safety Network and Feminist Gender Equality Network, have asked the council to report on trans rights in the UK, adding: 'We note that the situation is urgent and that without intervention, it seems likely to further deteriorate.' The letter follows April's landmark supreme court ruling that 'woman' and 'sex' in the Equality Act referred only to a biological woman and to biological sex. In its 88-page judgment, the court said that while the word 'biological' did not appear in the definition of man or woman in the Equality Act, 'the ordinary meaning of those plain and unambiguous words corresponds with the biological characteristics that make an individual a man or a woman'. If 'sex' did not only mean biological sex in the 2010 legislation, providers of single-sex spaces including changing rooms, homeless hostels and medical services would face 'practical difficulties', it said. The justices added: 'Read fairly and in context, the provisions relating to single-sex services can only be interpreted by reference to biological sex.' According to the Equality and Human Rights Commission, which is consulting on the formal post-ruling guidance, due out later this summer, transgender people should not be allowed to use toilets or changing spaces of the gender they live as, and that in some cases they also cannot use toilets of their birth sex. The letter argues that this would leave transgender people reliant on gender-neutral facilities, which are often unavailable 'and mandating their usage may require trans people to out themselves'. It argues that this, plus the post-ruling interim advice that transgender people would not be allowed to join single sex associations of their acquired sex, would place them in an 'intermediate zone' on sex, a violation of their right to respect for private life under article 8 of the ECHR. The convention is interpreted by the European court of human rights, part of the Strasbourg-based Council of Europe, which is separate from the EU and to which Britain remains a member. Jess O'Thomson from Trans+ Solidarity Alliance said trans people had already experienced 'a huge rollback' of rights even before the final guidance on implementing the ruling had been published: 'We are asking for a report to be opened into the state of trans people's human rights in the UK, in the hope that this will encourage our politicians to listen and take action.' Rebecca Don Kennedy, chief executive of Equality Network, said: 'Trans people and their allies all over the UK are horrified with the recent chain of events following the supreme court ruling in April. The threat to trans people's autonomy, freedom and dignity should concern anyone who values equality and human rights. 'Trans people have a right to public life, and dignity in social interaction, they have a right to use the toilet safely, to leave their homes knowing that they can. They have a right to privacy, a right to engage with the world as themselves, to join clubs that fully celebrate and welcome them as who they are.'
The Guardian
06-06-2025
- General
- The Guardian
EHRC commissioner calls for trans people to accept reduced rights after years of ‘lies'
Transgender people must accept a reduction in their rights after the supreme court decision on gender because they 'have been lied to over many years' about what their rights actually were, one of the commissioners drawing up the official post-ruling guidance has said. Speaking at a debate about the repercussions of April's ruling that 'woman' in the Equality Act refers only to a biological woman, Akua Reindorf said trans people had been misled about their rights and there 'has to be a period of correction'. Reindorf, a barrister who is one of eight commissioners at the Equality and Human Rights Commission (EHRC), who was speaking in a personal capacity, said she believes the fault lay with trans lobbyists. However, the human rights campaign groups Liberty and Amnesty called on the EHRC to make sure the rights of trans people were properly considered when it draws up guidance for public bodies on how to implement the changed legal landscape. A director of the trans campaign group TransActual said Reindorf's remarks were profoundly unhelpful. Speaking at the event, organised by the London School of Economics law school, Reindorf argued that the impact of the ruling was very clear, condemning what she called 'this huge farce with organisations up and down the country wringing their hands and creating working groups and so on, and people in society worrying that they will have nowhere to go to the toilet'. Asked by an audience member about worries the ruling could reduce the rights of trans people, another panellist, the barrister Naomi Cunningham, said trans people 'will have to give way', adding: 'It can't be helped, I'm afraid.' Reindorf, speaking next, agreed: 'Unfortunately, young people and trans people have been lied to over many years about what their rights are. It's like Naomi said – I just can't say it in a more diplomatic way than that. They have been lied to, and there has to be a period of correction, because other people have rights.' Reindorf said her comments reflected the fact that before the ruling, the law had been commonly misunderstood because pressure groups argued that trans people who self-identified should be treated as their identified sex, when this was in fact just the case for people with a gender recognition certificate (GRC). The supreme court decided that this mix of different rights made the Equality Act unworkable, said Reindorf, speaking in a personal capacity. She called this 'the catalyst for many to catch up, belatedly, with the fact that the law never permitted self-ID in the first place'. 'The fact is that, until now, trans people without GRCs were being grievously misled about their legal rights,' she said. 'The correction of self-ID policies and practices will inevitably feel like a loss of rights for trans people. This unfortunate position is overwhelmingly a product of the misinformation which was systematically disseminated over a long period by lobby groups and activists.' In April, the EHRC released interim, non-statutory advice about how to interpret the ruling, which set out that transgender people should not be allowed to use toilets of the gender they live as, and that in some cases they cannot use toilets of their birth sex. A number of critics have called the advice oversimplistic. Chiara Capraro, head of gender justice at Amnesty International UK, said: 'The EHRC has the duty to uphold the rights of everyone, including all with protected characteristics. We are concerned that it is failing to do so and is unhelpfully pitting the rights of women and trans people against each other.' Sign up to First Edition Our morning email breaks down the key stories of the day, telling you what's happening and why it matters after newsletter promotion Akiko Hart, Liberty's director, said: 'Any updated guidance from the EHRC must respect and uphold the rights of everyone in society. The supreme court's judgment was very narrow, and there are a lot of very legitimate questions about how it's implemented that must be carefully considered.' A director of the trans campaign group TransActual, jane fae, rejected Reindorf's argument: 'The characterisation of what was previously a widely held view both by the EHRC as well as by civil servants and lawyers working in the field of equality as 'lying' is profoundly unhelpful. 'Prior to the ruling of the supreme court in April, trans people just wanted to live their lives within the framework as it was understood. 'Activism' has only really come into being over the last few years in response to a never-ending campaign designed to deprive trans people of rights.' A spokesperson for the EHRC said: 'Akua Reindorf KC spoke at this event in a personal capacity. This was made clear at the event and in the video recording published online. 'As Britain's equality regulator, the Equality and Human Rights Commission upholds and enforces the Equality Act 2010 to ensure everyone is treated fairly, consistent with the act. 'Our board come from all walks of life and bring with them a breadth of skills and experience. This helps us take impartial decisions, which are always based on evidence and the law.'
Daily Mirror
24-05-2025
- Politics
- Daily Mirror
Trans activists install 'third toilet' outside UK Supreme Court after ruling
A trans activist group made their stand by placing a "third toilet" on the steps of the Supreme Court - a direct response to the suggestion to make their own "third space" Trans advocacy organisation TransActual UK launched its latest campaign right on the doorstep of the UK Supreme Court, and its not something you can miss. On Wednesday, May 21, the "Third Toilet," - which is quite literally, a toilet - was placed significantly on the court steps to highlight the question: where will trans people go... for the 'loo'? Made by creative agency BBH London, the pink and blue striped toilet, representing the trans flag, posed as both a call for action and demand for a reinforcement of trans rights and the community's protection since the UK Supreme Court ruled in favour of what is called the 'gender critical' volunteer organisation For Women Scotland. The group's appeal fought against the Scottish Government's use of 'woman' in reference to the non-cis community. The Mirror reported on the joint judgement given by Lord Hodge, Lady Rose and Lady Simler, with which the other Justices agreed, relaying that a unanimous verdict that the term 'woman' used in the Equality Act 2010 refers to biological sex, and that alone. This controversial court ruling created a wave of debate on online platforms, stirring the fears of the trans community in regards of their safety, along with the stigma that trans women are supposedly at fault for women feeling unsafe, particularly in bathrooms. The court ruling in Scotland has manifested into exclusive bathrooms for cis-gendered men and women, drawing TransActual's question: "Where, exactly, are trans people supposed to go?". Demand for single-sex places - and comments such as Baroness Kishwer Falkner's, active chair of the Equality and Human Rights Commission, who said that trans rights groups should create a separate "third space" - have resulted in the statement piece dropped deliberately outside Britain's most esteemed court. TransActual's message? To confront the exclusive ruling which threatens to isolate the minority from the public and social aspect of everyday life. The organisation's director, Hafsa Qureshi, shared a statement which read: "The Supreme Court claimed it brought clarity to an area of difficulty, however, it did the exact opposite," who added that whilst reducing the rights of the trans community, the ruling has already has "devastating" effects. She continued, saying: "This campaign is a powerful statement – about being forced to exist without safety, privacy, and rights, in full view of a society that refuses to see us". Two days ago, in act of defiance, Olivia Campbell Cavendish, founder and executive director of the Trans Legal Clinic, made her stand by (in fact) sitting on the Third Toilet. She said: "We need to move the conversation on from ridiculous things like bathrooms and onto the things that matter," before stating that "the safety of trans people everywhere," takes precedence. Camila Gurgel and Ieva Paulina, Associate Creative Directors at BBH, were clear about the exhibit not being a real victory "when so much has been lost," when the ruling ostracised the community in question from what "directly impacted their lives". "Our hope is that the Third Toilet installation sparks awareness, conversation, solidarity and inspires more people to stand with the trans community," concluded BBH. To find out more, visit
The Independent
15-05-2025
- Politics
- The Independent
Trans people fearing arrest due to ‘confusion' around Supreme Court ruling, say campaigners
Trans rights campaigners have warned that misinformation spreading through the community is fuelling fear and confusion, a month on from the Supreme Court's ruling on the legal definition of a woman under the Equality Act. Support and advocacy groups have said 'weaponised misunderstandings' about the practical consequences of the ruling – such as whether trans women can still legally use women's toilets and other spaces – have caused panic among some trans people. They said some trans women have reported feeling nervous about using women's toilets in public spaces out of fear of being arrested, despite the ruling not having created criminal law. jane fae, director of campaign group TransActual and chair of Trans Media Watch, said: 'It's fair to say trans people are afraid they'll be arrested if they go in [women's] spaces, because there are people who are afraid of that. It is creating panic. 'Any person saying now saying if you go in that space you'll be arrested, is talking nonsense. There is no crime. 'But [trans people] are self-limiting because they are scared.' Joanne Lockwood, a 60-year-old trans woman, believes there has been a 'weaponised misunderstanding' of the ruling by gender critical groups, which has aided misinformation being spread about it. She said that even though she had been using women's toilets for many years, the ruling had made her question whether she should continue to do so. She also cancelled her gym membership as she was unsure how her gym would respond. 'Nobody wants to be embarrassed going to the toilet, and nobody wants to be embarrassed going to the gym,' she said. 'I ended up cancelling my gym membership because I couldn't be bothered to have the conversation. 'It affects your mental health, it affects how you perceive your rights. Nobody wants to be seen as a threat or somebody who is trespassing in someone else's space.' Lui Asquith, a solicitor at law firm Russell-Cooke, which represented Amnesty International UK in these proceedings, told The Independent that the Supreme Court did not rule that a trans person would be acting 'illegally' if they accessed a women-only space. They said: 'The fact that this question is even being asked reflects the way this judgment is being communicated to the general public. 'The judgment deals with the rules around possible discrimination by service providers; particularly, when they can rely on the exception which permits discrimination by service providers on the basis of the 'sex' protected characteristic in certain, limited circumstances.' They added: 'The Equality Act is mainly enforced in employment tribunals and the civil (not the criminal) courts – the Equality Act does not involve criminal law, which the state enforces by prosecution in the criminal courts. 'The confusion may lie in the fact that there are forms of harassment that are dealt with as criminal offences, but that isn't what this judgment was dealing with.' Steph Richards, CEO of leading UK trans rights group TransLucent, told The Independent misinformation around the meaning of the ruling had left some people 'deeply distressed' and 'frightened', adding: 'There are people who have just been going to their work, lots of people don't even look at the news these days because frankly its quite miserable. 'So I think there's been a degree of shock, and because it has been so misinformed that this is a criminal issue when it's not - it's a civil issue - there have been concerns.' However, guidance from bodies such as the Equality and Human Rights Commission (EHRC) has stated that trans women 'should not be permitted to use the women's facilities' in workplaces or public-facing services such as shops and hospitals. The equalities watchdog has been threatened with legal action since the guidance was published, with lawyers acting on behalf of TransLucent sending a letter warning it 'incorrectly states the legal position' of the court ruling. After the ruling, former Supreme Court judge Jonathan Sumption warned that organisations were potentially misinterpreting the landmark ruling, telling BBC Radio 4's PM programme that, contrary to much of the commentary, judges did not take a side and did not provide an obligation to create single-sex spaces. Asquith said the judgment does not oblige services to exclude trans people, and that there was 'a risk that service providers respond hastily without fully understanding the judgment and the Equality Act, undermining access to services for trans people'. They added: 'As the justices repeated, trans people (whether or not they have a gender recognition certificate) continue to be protected by the Equality Act and service providers must be able to justify their exclusion from services as proportionate and legitimate.' Jo Maugham, executive director of the Good Law Project, said the group had seen an increase in trans or gender non-conforming women being confronted. 'Anecdotally, we can see a rise in violence against gender non-conforming women, be they cis or trans,' he said, adding he had seen reports of multiple women being challenged for using a toilet. 'I would describe the EHRC statement as misinformation, which has had a very profound negative effect on the lives of, in particular, gender non-conforming women.' A spokesperson for the EHRC told The Independent: 'At the EHRC we uphold and enforce the Equality Act. Our response to the Supreme Court's judgment has been, and will continue to be, firmly grounded in the law. Those who rely on us are reassured that every explanation of equality law from the EHRC will be accurate and authoritative. That is our job, as Britain's independent and expert equality regulator. 'We know there is uncertainty among duty-bearers and affected groups. The EHRC has been visible in providing clarity on the consequences of the judgment and will continue to be so. 'We will shortly launch a consultation on the detailed draft updates made to our statutory Code of Practice for service providers, public bodies and associations, following the Supreme Court judgment. It is important that our code is both an accurate interpretation of the law and clear to those who use it. We want to hear affected stakeholders' views on the clarity of these updates. So we urge interested parties to respond to the consultation when it is launched. We will consider every response carefully and amend the draft where necessary following the consultation. 'The EHRC is wholeheartedly committed to upholding everyone's rights and tackling discrimination in all its forms.'
The Independent
14-05-2025
- Health
- The Independent
Children waiting two years for critical gender care as numbers trapped on waiting lists soar
Children aged under five are among a soaring number of young people waiting for gender care treatment as the NHS grapples to clear a backlog of patients. The number of children waiting for treatment in England and Wales has risen by 12 per cent in a year, with 6,225 children now on the national waiting list, up from 5,560 a year earlier. A total of 157 of those are aged under 10, with up to 10 aged under five. Average waiting times have also grown to more than two years for a child to get a first appointment at a specialist clinic. One expert warned children need help 'before they reach crisis point', with numbers showing that 'demand is outpacing supply'. Responding to the latest figures, the NHS medical director for specialised services, Professor James Palmer, said he understands it 'can be really difficult' for children and their families waiting to be seen. TransActual, a charity supporting trans people, said the waiting list figures were 'unacceptably high'. Two new gender care services led by London's Great Ormond Street Hospital (Gosh) and Alder Hey Children's Hospital in Liverpool opened in April 2024 following the closure in March 2024 of the UK's dedicated gender identity clinic, run by the Tavistock & Portman NHS Foundation Trust. A third service has since opened in Bristol while another is planned for the East of England 'later this spring', according to the Department of Health and Social Care (DHSC). The aim is for there to eventually be up to eight specialist children's gender clinics covering the seven NHS regions in England. Last year, health secretary Wes Streeting branded waiting times 'unacceptable', acknowledging the 'enormous distress' they can cause. Waiting times for a first appointment have also risen, to an average of 116 weeks at the end of March from an average of 100 weeks at the end of May last year, according to a Freedom of Information request by the Press Association. There is no minimum age requirement for gender care and the NHS previously said it wanted to ensure parents of very young children are given support where necessary, with some aged under five seeking help. Dr Roman Raczka, president of the British Psychological Society, said: 'It is essential that children, young people and their families can access the professional care and support they need, before they reach crisis point. 'Demand is currently outpacing supply. This contributes to a range of broader challenges which face children and young people's services that require further investment.' Chay Brown, operations director for TransActual UK: ' Trans and gender questioning children and young people are having to wait years to access support from the NHS. 'The majority of people leaving the waiting list at that time will have aged out. Sadly, some will have died whilst waiting – waiting times for NHS gender services have been cited in several prevention of future deaths reports.' Following last year's Cass Review, which concluded children had been let down by a lack of research and evidence on medical interventions in gender care, NHS England announced a new plan which requires new referrals to the clinics to have been seen by a GP and mental health specialist or paediatrician first. Some 250 patients transferred from the Gender Identity Development Service have been seen by new services, and it is understood that each of the new clinics is designed to see 25 patients a month. Guidance expected to be published later this month will see the health service move away from a 'medical model' in favour of a 'holistic' approach to children's gender care, as per recommendations from the Cass Review. According to leaked plans reported last month, children who have gender dysphoria will now be tested for neurodevelopmental conditions, including autism and attention deficit hyperactivity disorder (ADHD). Prof Palmer said: 'We know it can be really difficult for children and young people and their families who are waiting to be seen by our new holistic gender services, and that's why it has been so important that we put a new system in place to ensure that, while they're waiting, they can access mental health support if they need it. 'The NHS is now almost halfway through its planned expansion of regional services, and we are seeing significantly fewer referrals as children are first assessed by paediatric or mental health experts and provided with care in NHS services that are more appropriate to their needs.' Puberty blockers are not prescribed on the NHS to children for the treatment of gender dysphoria, after a ban last year was made permanent in December. Plans remain in place to set up a clinical trial into their use this year, although no patients have yet been recruited and ethical and regulatory approval is being sought. A DHSC spokesperson said: 'We are working with NHS England to reform children's gender services in line with the recommendations from the Cass review, to provide children with timely, holistic support. 'We've opened three new children and young people's gender services, with a fourth anticipated to open later this spring. These new services will increase clinical capacity and reduce waiting times, so patients can be seen sooner and closer to home.'
