OMG The crazy gets everywhere!!
Just completed DD's registration for NCBB - they didn't even ask for sex just gender identity with answers:
woman (including transwoman)
man (including transman)
non binary.
Aaargghhh! Have sent the following in reply - wish me luck!
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Dear XXXX
Registration completed – thank you.
However I do have to raise my extreme concern at one of the questions on the registration form. The question asks for Gender Identity , with answers of woman (including transwoman), man (including transman) and non binary.
- Gender Identity is not a protected characteristic under the Equality Act 2010. The protected characteristics are sex, and gender reassignment. The Equality Act places obligations on organisations in terms of not discriminating. If the information collected is wrong, misleading or refers to characteristics that are not on the list of protected characteristics then the organisation risks being found in breach of the act.
- Following on from this, under GDPR organisations are only allowed to collect necessary information – which would be at most those covered by protected characteristics. There is no lawful reason to collect information about other characteristics including “gender identity”. Thus you should only be collecting Sex (male/female).
- It is not possible for a legally defined transwoman or transman (with a Gender Recognition Certificate) to be a member of the NCBB, as GRCs are not available to under-18s. I would suspect it is almost impossible for NYBB due to the time needed post-18 to gain a GRC. We do not have Self-ID (where everyone is whatever gender they claim to be) in the UK, thus the only relevant characteristic is that of sex. As your organisation seems to believe that women and trans-women belong in the same category, please can you confirm that there will be adequate provision of single-sex only toilet and bathroom facilities for the course? Can you confirm that changing and shower facilities, and sleeping accommodation will be single sex? The Equality Act 2010 specifically says that single-sex exemptions can be used to designate spaces which are only for one sex, and apply to scenarios such as changing rooms (Schedule 3 part 7 sections 26-27) and sleeping arrangements (Schedule 23 part 3). The Act makes it clear that the above exemptions apply even with regard to people undergoing gender reassignment, as long as the exemptions are ‘a proportionate means of achieving a legitimate aim’ (Schedule 3 part 7 section 28). The legitimate aim in this case is the safeguarding of children: You may be aware of the recent articles in the national press on the increase in child on child sexual abuse and the alarming extent of the sexual harassment of girls in school. All children must feel safe in an educational environment, and in this context it is particularly important that girls are able to change and sleep in a single sex space.
For more information this issue, including how to create safe environments for all children I recommend the following websites:
safeschoolsallianceuk.net/who-we-are/
www.sexnotgender.info/
www.transgendertrend.com/product/equality-law-and-statutory-schools-guidance/
I look forward to your response.
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