TransActual says EHRC Code 'weakens protections for all LGBTQ+ people'

TransActual and other LGBTQ+ charities reacted to an updated EHRC draft Code of Practice. The guidance states it is lawful to exclude trans people from gender-specific spaces and treats trans people as a “third gender.” TransActual said the update leaves trans people with fewer rights than before a prior Supreme Court ruling. The group also said the guidance fails to protect rights and dignity and appears to weaken protections for the wider LGBTQ+ community. Not A Phase said service providers should offer a third or gender-neutral space when separate sex spaces exist. Trans people are advised to use bathrooms and other gendered spaces aligned with their sex at birth, regardless of a Gender Recognition Certificate. A venue can be accused of discrimination if it does not provide an accessible third or gender-neutral space.

"TransActual have said the updated guidelines leave "trans people in the UK today with less rights than they had prior to last year's Supreme Court ruling". Their statement continued: "Not only does this new guidance fail to protect the rights and dignity of transgender people, but appears to have weakened protections for the LGBTQ+ community as a whole. Rather than engage with our community with respect, the Government has instead withheld publishing its new Code of Practice until as late as possible.""

"Their statement continued: "TransActual will continue to right for equal access to public life for all trans people, and will publish our full thoughts on the new Code once we have had the time to properly scrutinise it - something that the Government seems keen to avoid." Similarly, Stonewall said they would respond in full once they had "time to read and digest it, and fully understand how services, public functions and associations can be inclusive in line with the law"."

"Not A Phase laid out the updates on Instagram, simply explaining what it meant for trans people. They include the guidance that a third or gender-neutral space should be provided by service providers for trans people to use if separate sex spaces are provided, trans people are advised to use bathrooms and other gendered spaces which align with their sex at birth regardless of whether they have a Gender Recognition Certificate, and a service or venue can be accused of discrimination if they do not have a gender-neutral or third space that trans people can use."

"They said: "We condemn this outcome"

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