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Feminism: Sex and gender discussions

Useful legal guide on protecting women-only spaces

3 replies

user1471451327 · 30/05/2018 16:56

notwhotheysayiam.wordpress.com/2016/06/17/a-uk-guide-for-non-lawyers-about-protecting-women-only-spaces-june-2016/

Only put this out because not sure if some have seen this......

The author Louise Whitfield is a very respected lawyer so this is worth reading (though will only be strictly accurate at date of writing, though not aware of any more recent, relevent caselaw).

OP posts:
LangCleg · 30/05/2018 17:07

Attempts to end discrimination for one group must always take into account the on-going statutory duty to have due regard to the need to eliminate discrimination and harassment and advance equality of opportunity for all other groups.

For example when the Law Society took steps to meet the needs of some Muslim clients who might approach their solicitors for advice when they wanted a Sharia- compliant will, the Law Society failed to think about this in terms of gender equality. They should have considered the impact on women when they drafted a practice note on this issue and circulated it to members with no recognition of the potential discrimination that could result. When concerns were raised with them including their failure to comply with the public sector equality duty in terms of gender equality, the practice note was withdrawn and the Law Society issued an apology.

How come this never happens when guidance intended to meet the needs of trans people tramples all over the needs of women?

OddBoots · 30/05/2018 17:11

Presumably because it is coached in terms of supposed gender not actual sex LangCleg.

JoanSummers · 30/05/2018 17:18

Is there a similar guide for spaces that are not women-only e.g. businesses that run a service for profit which discriminate against women?

I can see from the gov.uk pages on discrimination that:

It is against the law to discriminate against anyone because of.. sex and also because of religion, belief or lack of religion/belief.
But gender identity is not on the list given - only being or becoming a transsexual person. Many transgender identified people specifically do not identify as a transsexual person.

Discrimination can come in one of the following forms:

"-direct discrimination - treating someone with a protected characteristic less favourably than others

-indirect discrimination - putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage

  • harassment - unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them
  • victimisation - treating someone unfairly because they’ve complained about discrimination or harassment"

And:

"You’re protected from discrimination:

at work
in education
as a consumer
when using public services
when buying or renting property
as a member or guest of a private club or association"

Would this cover political parties and businesses who treat women less favourably than men who identify as women but are not transsexual wrt to privacy, censorship, exclusion etc?

What happens when the protected characteristics of sex and transsexuality come into conflict?

Thanks in advance for information :)

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