FiLiA Statement on Government’s Commitment to Protect Sex-Based Rights
FiLiA Statement on Government’s Commitment to Protect Sex-Based Rights
FiLiA welcomes the Minister for Women and Equalities decision to protect single-sex spaces and services on the basis of biological sex. Today, the government has formally dropped plans to introduce the nebulous concept of ‘self-identification’ into law via reform of the Gender Recognition Act 2004. The proposals were originally drafted by the Conservative government in 2017, and have been the source of much discussion through the intervening years. As a result of the sustained campaigning of grassroots women who, in the face of threats and intimidation, demanded to be heard in the policy-making process affecting their lives, the proposals have now been carefully considered, with Women being recognised as stakeholders in the debate.
Referring to the 2004 Gender Recognition Act (GRA)
“It is the Government’s view that the balance struck in this legislation is correct”
An important backdrop to the debates over GRA reform was the demand by lobby groups such as Stonewall to abolish the single-sex protections contained in the Equality Act 2010. These protections exist in already limited circumstances, and represent the progress made in the 20th century to ensure that women can participate in public life, in public space, in private recovery, and in sports. It would have constituted a grossly retrograde step to concede to plainly anti-women demands. This has particularly affected lesbians whose spaces and recognition of their same sex attraction has been all but erased by some groups. This ought to be rectified immediately. We must now ensure that these protections are enforced locally in our communities, and that service providers feel equipped and confident to utilise the lawful exceptions.
“The same act [Equality Act 2010] allows service providers to restrict access to single sex spaces on the basis of biological sex if there is a clear justification”
FiLiA is pleased to see that the ‘proper checks and balances in the system’ in order to acquire a Gender Recognition Certificate (GRC), including a diagnosis of gender dysphoria, have been retained. The purpose of the GRA was to provide relief for those people who, as a result of dysphoria, feel the need to live as the opposite sex. As the European Court of Human Rights highlighted, the careful balance of rights was predicated on this being confined to a small group of identifiable individuals. We welcome the government’s commitment to strike a thoughtful balance which supports the rights of everyone in a democracy, including the right to increased health care support for those who identify as transgender. We anticipate that the increased number of gender clinics will allow for a more broad-reaching therapeutic approach than the gender-affirmative pathway adopted thus far. We also expect healthcare and support to be extended to those who wish to de-transition.
We note that the bureaucracy involved in making an application for a GRC has been updated. Where an individual makes an application to the state, the imbalance of power means that the process must be as easy to access and inexpensive as is practicable; it is therefore positive that the application process has been simplified. We very strongly encourage the government to apply the same considerations to applications for refugee status, for leave to remain, for nationality, for disability living allowance, for personal independence payment, for universal credit, for student finance and for all other benefits concerning vulnerable people in our society.
We await further detail on the consultation; the decision-making process behind this news and how it is intended to implement today’s announcement. We expect the government to address and rectify the policy capture which has allowed women’s sex-based rights to be tampered with, in far too many public institutions and sectors of society. Moving forward, the government must work to ensure that these protections are clearly defined, with guidance that is easy to understand and disseminated to all relevant stakeholders. It is of critical importance that sex and gender are not conflated in public policy, and we ask for the government's commitment to implementing corrections where applicable and require the same of all relevant bodies.
We hope this chapter sends a clear message that the virulence and misogyny levelled against women who stood up in defence of their rights is, and has always been, unequivocally unacceptable. Political parties, academia and the third sector had a duty to promote good relations among the protected characteristics involved in this conflict of rights. Their shameful lack of leadership on this matter allowed a chasm of mistrust and animosity to build over time, with intimidation and abuse becoming the price to pay for all women who dared to stand up for themselves and against this threat to their sex-based rights.
Most importantly, an unintended consequence of this debate has been the resurgence of a women’s rights movement which is energised, organised, ambitious and furious. We owe today’s announcement to the courage and determination of everyone who volunteered their time and energy to mobilise against yet another patriarchal backlash, and to the women who have spent years warning society about the urgency of this matter. Thank you. We look forward with optimism and extend a hand of solidarity to all the women around the world who, like us, have realised that the erasure of women must be confronted, that we must fight to protect our sex-based rights and that we can win.