@Imnobody4
It also states in the impact assessment
^The EHRC states “In UK law, ‘sex’ is understood as
binary, with a person’s legal sex being determined by
what is recorded on their birth certificate. A transgender
person can change their legal gender by obtaining a
GRC. A transgender person who does not have a GRC
retains the sex recorded and is protected under the
Equality Act as per their legal sex or under the protected
characteristic ‘Disabled’ in some circumstances (impaired
or limited ability to engage in certain tasks or actions, or
to participate in typical daily activities). ^
and recognises the recent no self id decision by gov. This seems a good sign.
that is a moderately good sign. A few issues with the main part of this document but the real problem is deep down in the Delivering Same Sex Accommodation document it links to:
Under the Equality Act 2010, individuals who have proposed, begun or completed reassignment of gender enjoy legal protection against discrimination. A trans person does not need to have had, or be planning, any medical gender reassignment treatment to be protected under the Equality Act: it is enough if they are undergoing a personal process of changing gender. In addition, good practice requires that clinical responses be patient-centred, respectful and flexible towards all transgender people whether they live continuously or temporarily in a gender role that does not conform to their natal sex. General key points are that:
• Trans people should be accommodated according to their presentation: the way they dress, and the name and pronouns they currently use.
• This may not always accord with the physical sex appearance of the chest or genitalia.
• It does not depend on their having a gender recognition certificate (GRC) or legal name change.
• It applies to toilet and bathing facilities (except, for instance, that preoperative trans people should not share open shower facilities).
• Views of family members may not accord with the trans person’s wishes, in which case, the trans person’s view takes priority.
So self-id into the ward of their choice, staff are required to maintain utmost privacy of the transgender status of a patient and it is only relevant in a medical context (I can't find the quote now but it is buried in there somewhere) so they probably can't even acknowledge that there may be a male-bodied transgender person on a female ward.
Transgender children's wishes over-ride the parents views (presumably for older children) so there are potential safe-guarding issues if accommodated on a ward not according to their natal sex.
If anyone has any issues with an effectively mixed sex ward, at least they have dropped the 're-education' policy but no mention if the patient that objects will still be removed from the premises (as per the leaflet issued by the Devon NHS Trust).
Breaches of the single sex accommodation policy are regarded as being very serious and recorded in ALL cases for inpatient/mental health wards EXCEPT, guess what - where the breach is caused by a transgender patient. Housing a male-bodied transgender person in a female ward is not considered a breach of single sex accommodation.
No real mention of how a clash of rights will be resolved esp. in the case of religious requirements, traumatised women etc - they leave that up to the hospital staff to argue out on a case by case basis - I'm sure that will be fine as they all have so much time on their hands to arbitrate between two completely conflicting requirements. A very poorly patient may be unlikely to be able to advocate effectively for themselves.
Any doubt that anyone might have that single sex wards are not essential would be dispelled by reading the case of the 17 year old girl in Cork, severely injured in an accident. She was placed on a ward with 3 males and during the night, when a nurse came into check why the heart monitor of the 64 yr old male patient was highly elevated, it transpired that he was sexually assaulting the girl who was too injured to raise the alarm.
Everybody who allowed that to happen should be utterly ashamed of themselves.