Responding to the EHRC's consultation on the draft Code of Practice
Supreme Court Ruling on Gender Identity
In our last news item, we expressed our dismay at the recent Supreme Court ruling on the meaning of “sex” in the Equality Act, and reiterated SWAN’s active commitment to trans and non-binary inclusion - you can catch up here if you missed it.
What Happens Now? - UPDATE
It is unclear what the ruling will mean in practice, and the Equality and Human Rights Commission (EHRC) is now consulting on a new draft Code of Practice for some sections of equality law.
The consultation is open until Monday, 30th June at 11:59pm.
This Statutory Code of Practice will be one of the most important pieces of guidance used by service providers to help them take decisions about how they treat trans people going forward. It can have legal weight in discrimination cases – and it has to be approved by the UK Government and laid at the UK Parliament.
We urge you to respond to the consultation and let the EHRC know that you support trans people’s rights to live safely and with dignity.
The percentage of autistic people who are trans or non-binary, and of those who question their gender and broader definitions of gender identity and expression, is significantly higher than in the non-autistic population.
Even if this doesn't directly affect you or your loved ones, friends and colleagues personally, the ruling therefore harms a higher proportion of autistic people and we encourage you to be an ally and help stand up for our trans siblings’ rights.
We recommend following guidance that has been put together to make it easier to understand and to respond. These two websites detail options for longer or shorter versions of completing the consultation, and how to understand each of the questions:
ScottishTrans Guidance for the EHRC Code of Practice Consultation
TransActual Responding to the EHRC consultation: What do I say?
Kindness, Respect & Inclusion at SWAN Groups
We refer everyone who comes to SWAN, along with Volunteers and Staff, to the Rules and Guidelines for conduct at all SWAN groups and services, which clearly state our values of kindness, respect and inclusion.