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Feminism: Sex and gender discussions

Telegraph reports schools face legal action

156 replies

BovaryX · 30/01/2020 09:34

The Telegraph reports that schools face legal action if they prevent trans children from accessing the toilet of their choice. It cites the new guidance from the CPS

Schools have been warned by prosecutors that they could face legal action if they fail to allow transgender pupils to use their preferred lavoratories or changing rooms. A new guidance document for schools, drawn up by the Crown Prosecution Service (CPS), advises teachers that excluding trans pupils from “particular facilities” could be seen as “indirect discrimination” if it is not “justifiable as a proportionate means of achieving a legitimate aim"

OP posts:
R0wantrees · 31/01/2020 00:40

They seem to be arguing that the intention for toilets has always really been gender segregation, not sex segregation. I think this is fed by the idea that now science has taught us all sex isn't really clearly definable anyway.

Is this because female loos often have a picture of a human figure wearing a dress & male loos the same human figure wearing trousers? Hmm

OldCrone · 31/01/2020 08:41

Choosing/deciding to identify as a different gender does not change a young person's sex, so how does that affect sex segregated facilities?

This confusion isn't helped by the law being hopelessly confused about the distinction between sex and gender.

This is from the GRA2004. Obviously this doesn't apply to school children, who can't get a GRC, but the terminology implies that sex and gender are the same.

9 General
(1)Where a full gender recognition certificate is issued to a person, the person’s gender becomes for all purposes the acquired gender (so that, if the acquired gender is the male gender, the person’s sex becomes that of a man and, if it is the female gender, the person’s sex becomes that of a woman).

As I said in my post last night, we need clear definitions of 'gender' and gender-related terms such as gender Identity, gender role and gender presentation.

OldCrone · 31/01/2020 08:46

It's about wanting to use female people, no matter what they call themselves, no matter how they identify. We are the living targets. Whichever room the people with real female bodies are in - that's the target.

Excellent post Barracker. It's exactly this. Colonisation.

MoleSmokes · 31/01/2020 08:59

Looking at a current thread on AIBU there seems to be a huge problem in some secondary schools in terms of access to toilets generally, whether sex-segregated or not.

www.mumsnet.com/Talk/am_i_being_unreasonable/3808579-to-think-this-school-policy-is-really-odd?

This is not just the school mentioned in the OP as other parents and teachers are reporting similar issues, ie.

  • toilets being locked either during lesson times or during break times and lunch time;
  • pupils only being allowed to go to the toilet during lesson times if they have a medical condition;
  • pupils having to be accompanied by a member of staff to use the toilet during lesson time (by the Head Teacher at times!)
  • only being allowed 2 minutes to use the toilet as standard.

In the OP post school, other posters have worked out that at lunch time there are only 4 toilets available for 600 girls. (I think similar for boys.)

Another poster worked out that the restrictions on access outside of lesson periods and the ratio of toilets to pupils means that if you only allowed 1 minute per toilet visit that 2/3 pupils would not have access to toilets at all during the day.

The reasons for supervised access to toilets mentioned on that thread by teachers include: vandalism, bullying, knife crime, drug taking, "prostitution", sexual assaults.

There is a bit of discussion about gender neutral toilets (both for and against) but the main issue is severely restricted access and that, although bad for both, that this is affecting girls more than boys.

I did not see anyone on that thread sharing the information on standards and legislation that has been brought to this thread.

It might therefore be that it is only when issues of sex-segregation are raised, as in this thread, that problems with access to toilets generally in a school are brought to light and dealt with properly. Along with attention to the worrying issues that are leading to restricted access??

Michelleoftheresistance · 31/01/2020 17:49

It's about wanting to use female people

^ This.

Think too about which part of female people is being used.

Because your mind, emotions, feelings, lived experience, beliefs - can all just fuck off, none of that is relevant. Only one bit is essential.

Oddly enough the exact same bit of female people that's been exploited since the beginning of time, and is the whole reason for sex based rights. Plus ca change.

BernardBlackMissesLangCleg · 31/01/2020 18:19

it's nice to get a real time demo of the lack of care for the feelings of female people some have though innit? (I say nice. I mean instructive and terrifying in equal measure of course)

really makes things clear

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