I would also ask people to consider what rights we have and what we think are rights but possibly aren't.
We have rights to inclusion and accessibility. They have some caveats though. We do allow some discrimination both positively and negatively in some scenarios too, but there has to be a clear goal.
In terms of the trans / women's rights debate what is becoming apparent is that everyone has a right to access but that access can look different in some scenarios and you have to make allowances for this. Privacy and dignity are paramount but you can make alternative arrangements if you have a clear policy and treat people with respect. You can just ban. You have to take into consideration self exclusion as a potential issue too due to policies.
What you dont have is a right to validation. You don't have a right to force others to share your belief. You don't have a right to deny reality in certain situations. And actually you don't have a right not to be offended. You have a right to be protected from racial / sexual / homophobic abuse and harassment but what actually constitutes that? This last one is perhaps the tricky one and also relevant to Tourettes.
Everyone has a right not to be abused or singled out. They have a right to not be harassed. This all rests on that point of intent. Someone with Tourettes isn't being abusive. They maybe saying something offensive but it's not abusive and I think this is where it does get kinda sticky.
As I say I think one of the stumbling points is mistaking an offensive word for abusive behaviour. It is different and will meet different legal thresholds depending on the situation. I get the comparison with someone with dementia HOWEVER you also have an already identified harm that still meets a legal threshold (even though you can't prosecute it - the intent is sexual and consent isn't given) and is much more serious in nature too. And this ability to exclude still has the caveat of proportionality. Physically touching someone without consent and a the proportionally of exclusion by sex is different to saying offensive words without intent and therefore being restricted from going anywhere or working. It's that reasonable adjustments thing going in both directions.
Someone in the work place has a right to have a workplace which isn't hostile and they don't feel degraded. But you can't preemptively say to someone white with Tourettes "well you can't work with the black people" can you? Even if you are risk assessing because your risk assessment is going to look pretty damn shit with the word 'might because of disability'. Cos that's literally pre-judging them. At the same time, once you have an incident, a work place may be in a situation where they do have duty of care to an ethnic minority so the reasonable adjustment would be to allow the two to work separately and have limited contact. But this really really is a case by case in a way that the trans debate has tried to make itself but really isn't. Im
It's not a situation where you have identifiably vulnerable individuals (eg a rape crisis centre or women in a state of undress) in quite the same way. And the breadth of situations is much wider.
Tbh for the most part with people who have severe Tourettes the issues of sheer embarrassment and humiliation is going to mean you are much less likely to have people who are on a mission to be the centre of the universe. They want things to be stress free for some pretty obvious reasons. They are more likely to do things like John and actually preempt a situation they think might raise problems to a certain extent because of the the nature of their condition. It's not in their interest in terms of their own safety / mental wellbeing to enter certain situations without addressing it first. They are likely to be the person self excluding and remove themselves from a situation if they can for this reason. I don't think there is quite the same demand on others in the same way because they don't want to upset others. If that makes sense. Cos self preservation.
We are talking about rights to employment. We are talking about rights to public services and refusal of service. We are talking about rights to privacy Versus Rights to dignity, possible racial abuse (see my previous points about this), employment conditions and understanding possible harms.
In terms of comparison to the gender / sex issue it about what outcomes you want. Women want a right to privacy and dignity in certain sex based scenarios and they want safeguarding from a risk of violence. The solution sort is a respectful one with parallel provision to allow accessibility.
And that's the question I would ask those saying about considering black people, what do you want the outcomes to look like and what do you think you are losing out on in terms of rights? How can those rights be upheld without hugely impacting the employment, economic, social and mental health of someone with Tourettes? It needs practical solutions for everyday scenarios. And yeah I do think there's a lot of legal grey areas and issues that no one problem really knows the actual answer to.