So far so good, but this is a short term sticking plaster which will protect some women in some prisons- it is not even a solution for all women prisoners or all staff in those prisons. This new block on the women’s estate is a welcome and important development only insofar as it acknowledges the urgent need for a third accommodation space. We all know the arguments for that third space now thanks to Karen White case.
This policy chance goes to show how very important openness, reality, sunlight and crucially mainstream front-page news media attention like the White case gathered, can go towards protecting women’s rights. So all told this new block on the women’s estate is an important win for women because we are starting from such a low base of zero protection it feels like.
But- However necessary for women’s safety implementing these welcome changes is, we’ll still need to mitigate each specific instance where the GRA endangers women or kids- and these problems will keep coming while we still have the GRA.
So another reason to welcome this move is that it is likely to prompt court cases from GRC holders and non GRC holders who want to be housed in (or remain housed in) women’s prisons- so some more clarity and sunlight will hopefully emerge from that case law. But this is a slow route to protecting women in prisons right now and is expensive to the public purse to defend it.
And for so long as the GRA exists we are going to see variations on these legal cases in other settings^ because the limits of what the GRC offers are not well-defined and are not understood legally.
So rather than wait around for that prescribing of limits to GRC rights to happen in all these other settings and every relevant area of women’s lives- work, education, healthcare, sports, prizes and opportunities etc etc- which will take lifetimes, given the establishment’s preference for.a quiet life, and will have a human cost to women in those settings all the while, I think the action should be focused to the source.
I think the GRA should be dismantled as a piece of legislation that has served its important purpose back in the dark days before same sex marriage and equal pension rights were permitted, but is now redundant and offering certification to allow all kinds of boundary pushing that threatens women’s rights.
There are no rights now that trans people don’t have that anyone else has. If so please correct me.
The other problem is the lack of clarity on interplay between GRA and EQA.
IANAL so happy to be corrected here.
Those two problems cause a lack of protection of women that the TRAs are weaponising against us and are I think are a big part of the source problem that is keeping individual women in a constantly defensive position of our everyday rights.
I just don’t think women should have to spend our time fighting against all these legally-supported encroachments on ourselves and our children’s freedom to be out in public, our safety, dignity, privacy. These are everyday instances and they are so legion that we can’t fight all of them and they happen at such local level that they don’t get scrutiny and we can’t realistically expect to rely on scrutiny to solve the issues. Like when local women put off from being able to swimming because we can’t change in privacy at our local swimming pool - just one local example of all the various multiple threatened areas of our lives. We can’t fight every one. We can’t fight all the examples of the chilling effect that this past 15 years of lack of legal clarity brings into policy or where the existing law has been misunderstood or where woke idiots have been lobbied and then want to ‘get ahead of the law’.
So let’s go back and demand the sources of cover for men who want to encroach are removed. then we can scale down the defensive work that we have been forced to take on. Because at some point we’ll be exhausted by fighting it all and the next generation are already being encouraged to have weakened boundaries. so it feels like we need to sort this out soon for everyone’s sakes.
And in the meantime I would like to know what EHRC think of all this and why they aren’t immediately loudly calling for legal clarity to be pursued.