Fairplay for Women has done a quick briefing on the biggest problems with the draft guidance fairplayforwomen.com/draft_ehrc_schools/
- SECRETS AND LIES
The draft guidance suggests that schools should, if requested, keep a child’s sex secret from teachers and other pupils, and collude in lying about their sex.
“A group of pupils go on a school trip …the school considers the age group, privacy risks from sharing tents and the lack of awareness that the pupil is trans…. The trans pupil is satisfied that her trans status will not be disclosed by the arrangements. “ (page 27)
“School should not give the vaccination to a trans girl but should make suitable arrangements so that, if her birth sex is not widely known, it is not inadvertently revealed.” (page 29).
- PUSHING GIRLS OUT OF THEIR OWN CHANGING ROOMS
The draft guidance says that male children who identify as girls should be allowed to use girls changing rooms and toilets. It suggests that if female children feel uncomfortable in this circumstance, they should be offered the choice of using a separate changing room (such as the disabled facilities).
“trans boys and trans girls can use the single-sex facilities that align with their gender identity if they wish to do so, A trans girl pupil opts to use the girls, changing room, and most of her fellow pupils are happy with this arrangement. However, one pupil is uncomfortable with this arrangement, so chooses to use the private changing room instead.” ( page 15)
- UNDERMINING FREEDOM OF THOUGHT AND SPEECH
The guidance says teachers and other pupils must describe a male child as “she” and a female child as “he” ( or use ‘non-binary’ pronouns like ze, zir). It says that “appropriate steps” should be taken if a person refuses.
“If a pupil has legally changed their name, then the school must use the pupil’s new name and relevant pronoun.” (page 19)
“Concerns about repeated or deliberate use of a previous name or pronoun should be investigated and appropriate steps taken to address the issue” (page 20)
- NO MORE ALL FEMALE SPORTS
The guidance says that schools cannot apply a ‘blanket policy’ of offering female only sports teams or sport competitions.
“If considering excluding a trans pupil as a competitor, schools should consider on a case-by-case basis objective evidence about whether inclusion would result in unfair competition”
“Schools should consider ways of enabling all pupils to participate in sports, including competitive events that align with their gender identity” (p24)
- PUTTING SINGLE SEX SCHOOLS IN DOUBT
The leaked draft guidance says that a single sex school is likely to be discriminating if it does not admit pupils of the opposite sex who identify as transgender (i.e. treat a female child as if they were a boy and allow them into an all boys school on that basis).
“The school is likely to be discriminating against the trans pupil unless it can demonstrate its decision is a proportionate means of achieving a legitimate aim.”(page 33)
“To meet the needs of and avoid disadvantage to trans pupils, schools should take a case-by-case approach to admission requests by trans pupils.”(page 33)
None of this is required by the Equality Act!