Over the weekend, the Equality and Human Rights Commission (EHRC) published an “interim update” following the Supreme Court judgment. This update isn’t statutory, which means that it’s not the law, and can’t be enforced.
It is likely that providers following this update are at risk of unlawful discrimination.
We are deeply concerned about this interim update, which will have significant negative impacts for trans, non-binary and intersex children, young people and adults, from where they get changed for PE, to which toilets they use at school or in public and even which youth organisations and clubs they can join.
No young person deserves to live in fear or face intrusive questioning when trying to access facilities and exist in public.
The EHRC is contributing to the culture of bullying, abuse and harassment which trans people already face.
We know that a quarter of trans students experience transphobia at school or college, with almost half finding it harder to attend because of experiencing transphobia. This update from EHRC will embolden those bullies. The EHRC did not speak with any trans organisations following the Supreme Court’s judgement and have committed to only a two-week consultation on their Code of Practice.
This is not nearly enough time for stakeholders to provide a full, informed response on this increasingly complex area of the law. We, alongside other LGBT+ and human rights organisations have written to the EHRC today asking them to commit to extending this.
If you want to act in support of our trans communities, here are some simple actions you can take:
- Write to your MP, your local councillors and the prime minister. TransActual have guidance on questions you could consider asking, or you could ask them how they plan to ensure the safety and wellbeing of trans and non-binary people in their area.
- Take part in protests. Follow your local LGBTQ+ organisation or campaigning groups like Trans Kids Deserve Better and Liberty for information about how you can show your solidarity with the trans community and stay safe.
- Be an active bystander: By intervening when you see someone in danger or in distress, you show the perpetrator that this behaviour isn’t acceptable. Safely intervening could mean anything from a disapproving look, interrupting or distracting someone, talking to someone about their behaviour in a non-confrontational way, or caring for a friend. Wearing a visible ally or trans flag badge lets someone know you are a supporter.
- Donate: Our support line has been inundated with calls from people in crisis. Donate today to support our vital work.
- Stay in touch: Join our mailing list so we can update you with further actions you can take.
- Look after yourself – stay connected with supportive community, take a break when you need it and know that there are community who support you and believe in you. Reach out to our Support Line if you need a place to talk.