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Feminism: Sex and gender discussions

I complained to CQC, here's their response (I'm not impressed)

57 replies

Leafstamp · 14/05/2021 17:38

I complained about their post-hospital stay questionnaire for children, which asked for my DC's gender. It did not ask for their sex.

I cited EA 2010 terminolgoy, the ONS case and the fact the census did not ask for children's gender and general chat about gender referring to unhelpful/harmful stereotypes.

This is what CQC have said:

The terms Gender and Sex are often used interchangeably. For example, we have the Gender Pay Gap not the Sex Pay Gap.

The Equality Act 2010 uses different descriptors to describe a protected characteristic. For example, for Race we can use ethnicity or culture etc. There is nothing in Act that says that we need to use a specific word to describe a protected characteristic.

What is most important is what actions we are taking to protect people and how we are demonstrating our public sector equality duty towards any of the protected characteristics:

- Eliminating unlawful Discrimination
- Advancing equality of opportunity
- Promoting good relations

When we use gender as a descriptor of one of the protected characteristics (as we do in the equality monitoring form), there is no evidence to show that we are excluding anyone because everyone that is covered under the term ‘Sex’ is included in the term ‘Gender’, (whereas some people may feel excluded by the use of the term Sex).

Therefore, the use of Gender is a more inclusive term and at CQC we are comfortable that we are complying with the Equality Act 2010.

I am pretty fuming about this. I'd appreciate your help in unpicking their reply and formulating a response.

How can they say people feel excluded by 'Sex'? Everyone has a sex, not everyone has a gender. FFS!

OP posts:
ANewCreation · 14/05/2021 18:12

This is the Equality Act list of protected characteristics.
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation

Sex, not gender.
Everyone has a sex. Inclusive.

Not everyone has a gender. Exclusive.

www.legislation.gov.uk/ukpga/2010/15/section/4

Carriemac · 14/05/2021 18:05

The BMJ is goodon this

www.bmj.com/content/372/bmj.n735/rr-0

SunnydaleClassProtector99 · 14/05/2021 18:05

I will do when baby's in bed.
Whatever information you glean from here I will nick it and reword it. Grin

ANewCreation · 14/05/2021 18:01

www.cqc.org.uk/about-us/jobs/working-cqc-our-commitment-equality

CQC are a Stonewall diversity champion so, presumably because of this, they erroneously replace the protected characteristic of Sex with Gender in the list.

It’s not up to them to rewrite the protected characteristics in the Equality Act 2010.

Leafstamp · 14/05/2021 17:53

@midgedude

Well write and say you feel excluded by the use of gender and would like to know why it's ok to exclude some people but not others?
Yep, that's on my list already!

And I also made comment on the form, then followed it up with this complaint. @SunnydaleClassProtector99 - why don't you do an email as well. I used this:

surveys.cqc.org.uk/contactus.aspx

OP posts:
SunnydaleClassProtector99 · 14/05/2021 17:50

I filled out the same hospital form and crossed out gender and put sex, so at least they know it is more than one of us!
I'd suggest that people in the health service should be aware of the importance of technical, accurate language.

midgedude · 14/05/2021 17:49

Well write and say you feel excluded by the use of gender and would like to know why it's ok to exclude some people but not others?