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Trans guidance from equality watchdog may foster distrust, SNP warns
Trans guidance from equality watchdog may foster distrust, SNP warns

Times

time4 days ago

  • Politics
  • Times

Trans guidance from equality watchdog may foster distrust, SNP warns

Proposed transgender guidance from Britain's equalities watchdog will foster 'distrust' and lead to 'social policing of bodies', the SNP has warned. Ministers said the draft changes to the code of practice from the Equality and Human Rights Commission (EHRC), made after the Supreme Court ruling that women are defined by biological sex under equalities law, 'may lead to abuse'. In a submission to the EHRC's consultation, the Scottish government repeated its acceptance of April's Supreme Court judgment, which came after it lost a legal challenge brought by campaigners. However, it raised concerns about proposals of how it should be implemented in practice, leading For Women Scotland, the group that won the case, to accuse the devolved government of echoing messaging from 'transactivist groups it heavily funds'. The EHRC draft guidance includes a biological definition of sex and states that this should be the basis for granting access to single-sex facilities and services. In practice, this would mean trans women being barred from female-only spaces. In the submission, the Scottish government said: 'We note that the impact of the guidance may lead to situations where some members of the public will take it upon themselves to judge appearances and assume someone's sex based on their perception of that person's sex or gender identity. 'This sense of distrust in others and social policing of bodies is detrimental not only for trans and non-binary people, but for those who are born male or female who may not fit into society's current expectations of what a man or woman looks like, which change over time, and in different contexts and places.' The SNP has faced criticism for its failure to implement the Supreme Court ruling, with a series of policies that allow gender self-ID still in operation throughout the public sector. These include guidelines for teachers, which state that biological boys should generally be allowed to participate in girls' sports and workplace guidance, which says trans staff should be allowed to use the toilets or changing facilities they feel most comfortable with. Ministers pledged to act once the final guidance is published, but faced claims they were attempting to delay a politically contentious issue until after next year's Holyrood elections. The submission added: 'Encouraging a situation where authority is given to question someone's biological sex and ask for proof thereof may lead to abuse if not done appropriately. 'At the same time this places an undue burden on individuals, requiring untrained staff or providers to make assumptions or judgments about whether a person appears to present as trans, which is potentially discriminatory and unfair.' The submission called for an emphasis on 'inclusion as opposed to exclusion,' noting that examples provided in the planned code update mainly 'provide guidance on where and how transgender people can be excluded from services and associations'. Trina Budge, a For Women Scotland director, said: 'This is a substandard response from the Scottish government, which fails to address the EHRC's specific questions, choosing instead to focus on areas raised by the transactivist groups it heavily funds. 'The government says it has accepted the Supreme Court's ruling and it may have done so far as keeping women's representation on public boards for biological women only, but it seems to be expecting the EHRC to tell it how to shoehorn men who say they are women into any other single-sex provision allowed under the Equality Act. 'We're not sure if the government is wilfully misunderstanding that this is not legally possible or if it intends to continue to defy the judgment of the Supreme Court. ' Tess White, the Scottish Conservative equalities spokeswoman, accused the SNP of putting 'women and girls in danger'. She said: 'The SNP aren't just failing to implement the Supreme Court's verdict, they now appear to be criticising the EHRC. 'The judgment from the UK's highest court was crystal clear, yet the nationalists are still desperately stalling for time and trying to pass the buck. This doesn't just send the wrong message, it puts women and girls in danger. 'The Sandie Peggie case shows exactly what happens when organisations pander to gender extremists instead of standing up for women's rights. 'Scots won't be fooled by the SNP's blatant attempts to run down the clock. John Swinney must act now and order all public bodies to follow the law and provide single-sex spaces.'

Pupils in England to be taught law behind sex and gender identity, new guidance says
Pupils in England to be taught law behind sex and gender identity, new guidance says

The Guardian

time15-07-2025

  • Politics
  • The Guardian

Pupils in England to be taught law behind sex and gender identity, new guidance says

Pupils in England should be taught what the law is on biological sex and gender reassignment, but schools must be 'careful not to endorse any particular view or teach it as fact', according to new government guidance. The updated relationships, sex and health education (RSHE) guidance, published on Tuesday, says schools 'should not teach as fact that all people have a gender identity' and must avoid any suggestion that social transitioning offers a 'simple solution' to feelings of distress or discomfort. It also says schools should avoid using cartoons or diagrams that 'oversimplify', that could be interpreted as being aimed at younger children, or that perpetuate stereotypes or encourage pupils to question their gender. The long-awaited guidance abandons many of the changes proposed by the last government, including a ban on teaching the concept of gender identity and strict age limits, which would have prevented under-nines from receiving sex education. The Labour government said instead that schools should develop the RSHE curriculum to be 'relevant, age and stage appropriate and accessible to pupils in their area'. While it recommended that primary schools teach sex education in years 5 and 6, in line with what pupils learn about conception and birth, it is not compulsory. 'Primary schools should consult parents about the content of anything that will be taught within sex education,' the guidance says. 'This process should include offering parents support in talking to their children about sex education and how to link this with what is being taught in school as well as advice about parents' right to request withdrawal from sex education.' The guidance allows primary school teachers to discuss the sharing of naked images or online sexual content if it is something that is affecting their pupils, and they can discuss online sexual content where they know that children have seen pornography. The 47-page document also addresses online gambling, strangulation and suffocation, sextortion, deepfakes and suicide prevention, as well as 'incel' culture and the links between pornography and misogyny. It has been broadly welcomed by school leaders, but some campaigners have expressed concerns about 'watering down' earlier proposals on gender. Helen Joyce, director of advocacy at Sex Matters, said: 'It's a big shame that the Department for Education has watered down sections of the draft guidance it inherited from the previous government which sought to counter the trans activist positions adopted by many schools over the past decade.' Bayswater, a support group for 'parents of trans-identified adolescents and young people', said: 'The new RSHE guidance fails to address the serious safeguarding issues around teaching gender identity to children. 'As well as significantly weakening the clarity offered by the earlier draft guidance, this version introduces topics which are likely to be harmful to vulnerable children. For example, direct teaching about suicide may actually undermine suicide prevention strategies.' Margaret Mulholland, a special needs and inclusion specialist at the Association of School and College Leaders (ASCL), welcomed 'the clarity over biological sex and gender reassignment' in the guidance. 'There are strongly held and sometimes polarised views over these issues and it is important to have a clear set of national guidelines to follow.' The government is expected to publish separate guidance for schools and colleges on gender-questioning pupils shortly. Paul Whiteman, the general secretary of the National Association of Head Teachers, welcomed the fact that age limits have been dropped. 'Schools already work hard to ensure that teaching is age-appropriate and this approach gives them the vital flexibility to respond to their own community and the needs of pupils in their schools,' he said. 'However, the new guidance asks schools to teach more content with only the same amount of time available. Government cannot continue to impose additions to the curriculum without proposing how the additional teaching time needed is to be found.' In the UK and Ireland, Samaritans can be contacted on freephone 116 123, or email jo@ or jo@ In the US, you can call or text the National Suicide Prevention Lifeline on 988, chat on or text HOME to 741741 to connect with a crisis counselor. In Australia, the crisis support service Lifeline is 13 11 14. Other international helplines can be found at

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