There were only two women's groups who submitted written evidence. And no women's groups were invited to appear before the committee, unlike the trans groups which were invited to appear.
Both Rape Crisis and Women's Aid rely on government funding, which I think is a crucial point.
Look at the way the final report is framed.
Report
The only evidence referred to in the report was by Women's Aid, and the transgender groups were given much leeway to respond to WA's submission, using very emotive language.
- The Explanatory Notes to the Act give the following illustration: A counsellor working with victims of rape might have to be a woman and not a transsexual person, even if she has a Gender Recognition Certificate, in order to avoid causing them further distress.
Women’s Aid told us that: In recognition of Women’s Aid’s status as the provider of services to, and promoting the welfare of women only, Women’s Aid has chosen to exercise its right under the Equality Act 2010 […] to apply the Gender Reassignment exception to employment posts within the organisation. This policy is under review.
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We heard unequivocal opposition to this provision. The Scottish Transgender Alliance told us that they wished to see it repealed: as well as violating trans people’s article 8 human right to privacy [under the ECHR] about their gender reassignment history, [it] is generally unworkable because the only way anyone could prove beyond doubt that they had not undergone gender reassignment would be to submit to an unacceptably intrusive medical examination.
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The Alliance also advocated the introduction of a legal provision allowing for certain posts, “perhaps where providing support specifically to trans people”, to be available only to trans people, “as exists for other protected characteristics”.
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Mridul Wadhwa told us that the provision was: discriminatory to transsexual people especially trans women. I genuinely believe that there is no space for it in the gender-based violence sector and that it has no place in violence against women work. I was unaware of its existence until a few weeks ago. I have worked in the violence against women sector since 2005 and have never known for it to be used. I am disappointed to think that someone has the right to refuse work to me and others like me in my sector just because they think that I might not be a woman.