Tuesday, April 4, 2023
"We have come to the view that if ‘sex’ is defined as biological sex for the purposes of EqA, this would bring greater legal clarity in eight areas." Baroness Kishwer Falkner
Kishwer Falkner, Chair of the Equality and Human Rights Commission, has written to Kemi Badenoch, the Minister for Women and Equalities, giving a measure of support for our call to clarify the meaning of sex in the Equality Act.
In a nine-page letter, Baroness Falkner says that the EHRC has come to the view that if “sex” is defined as biological sex for the purposes of the Equality Act, this would bring greater legal clarity in eight areas:
Pregnancy and maternity protection for “trans men” who have a GRC.
Freedom of association for lesbians and gay men.
Freedom of association for women and men.
“Women-only” shortlists and other measures aimed at increasing female participation.
Jobs where sex matters, such as working in a women’s refuge.
Single-sex and separate-sex services. The EHRC says: “A biological definition of sex would make it simpler to make a women-only ward a space for biological women.”
Sport. At present, to exclude “trans women” with a GRC from women’s sports, the organiser must show that it is necessary to do so in the interests of fairness or safety. A biological definition of sex would mean that organisers could exclude trans-identifying men from women’s sport without this additional burden.
Data collection. “When data are broken down by legal not biological sex, the result may seriously distort or impoverish our understanding of social and medical phenomena.”
Baroness Falkner recommends that the government undertakes detailed policy and legal analysis in compliance with the Public Sector Equality Duty. She says: “There is a clear need to move the public debate on issues of sex and gender to a more informed and constructive basis. This would be welcomed by the many who do not take the polarised positions currently driving public debate.”
This is a significant step forward, and is thanks to everyone who has been campaigning for the law to be clarified, caling to for debate to happen, and promoting our petition.
Thank you to everyone who has got it this far, and to everyone who has supported Sex Matters in our work. If you would like to know more about the detail of the proposal, watch our most recent webinar.
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