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Feminism: Sex and gender discussions

Scotlands upcoming misogyny bill - how will that work?

2 replies

Gettingmadderallthetime · 02/04/2024 12:11

Don't wish to derail any (happening right now) threads about how to address the hate legislatin. And I may be barking up the wrong tree. But I hear mention that Scottish women will get their protection further down the road (as a way of derailing criticism of the Act coming into force now and not including sex). 'Organised online hate' is specifically mentioned as being addressed in the legislation being drafted now.

I am interested that Helena Kennedy KC (who is leading on on the new bill) has in the past said that trans women and girls are female. So should I assume that the new act (due 2026?) that she is leading on will offer the same protections for transwomen that it does for biological women. (It will be interesting in seeing whether it protects transmen too ...)

If this is the case then will transwomen/girls become the only at risk group who have double protection - via the Hate Act legislation now coming into force (which protects for gender identity) AND in the upcoming misogny bill. Race and Religion, Age and Sex Orientation will have one bill to call on, but transwomen could be able to make claims under two separate types of legislation. Is that a problem? Its a signal that they are the most maginalised which could be a problem, as I am not sure at all that this claim is evidenced.

I totally agree that those with trans identities should be protected, but my concern is that women and girls are not only NOT covered by the Hate Act, but when the misogyny bill appears this may not be about sex-based abuse (in a biological sense) but about gender-based abuse. I can't see how it can be otherwise. As many women think they are women (a sex category with no gender identifier required) how will that work?

EDIT: This may have already been raised (sure it must have been but cannot find). In which case apologies please redirect.

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Waitwhat23 · 02/04/2024 12:18

Males will be included under the Misogyny Bill -

https://www.theguardian.com/law/2021/feb/22/ill-set-no-limits-on-which-women-to-protect-from-hate-says-helena-kennedy

This article is from 2021 and the Working Group has been trundling on for ages with no noticeable progress. It's only now, now that people are saying 'hang on, sex isn't included in the Hate Crime Bill?!' that it's being mentioned at all.

Scottish misogyny law must protect all women, says Helena Kennedy

QC discusses the task ahead as she begins her scrutiny into whether Scotland needs a separate offence of misogynist abuse

https://www.theguardian.com/law/2021/feb/22/ill-set-no-limits-on-which-women-to-protect-from-hate-says-helena-kennedy

Gettingmadderallthetime · 02/04/2024 12:42

Thanks for the link. (That is the article I read earlier and could not find).
I don't think that sex will be the category for this new bill either.
Surely its got to be gender (but not male gender)?
If its sex then how do people ID as female for these purposes?
Its such a big mess I can almost see why it was delayed, but as a separate thing those problems don't go away. Sigh,

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