New guidance for public services after ruling on definition of a woman

The equality watchdog has announced new guidance for public bodies, employers, and the NHS about single-sex spaces will be published this summer.

The announcement follows a landmark UK Supreme Court ruling on Wednesday that determined the legal definition of a woman refers to “biological women and sex” in the 2010 Equality Act.

It follows a lengthy legal challenge by women’s rights campaigners who challenged the Scottish Government’s interpretation of anti-discrimination legislation which applies to England, Scotland and Wales.

For Women Scotland had argued that “woman” means being born a biological female.

Explainer

What does UK Supreme Court ruling on definition of woman mean?

The highest court in the land published an 88-page decision laying out the judges’ reasoning.

The Scottish Government had argued sid that “woman” should extend to trans women with a gender recognition certificate (GRC).

Holyrood’s interpretation was twice upheld in Scottish courts, and ministers said their stance was “consistent with the advice given by the Equality and Human Rights Commission (EHRC)”.

However, that was undone on Wednesday morning and the EHRC has said the ruling will force it re-write parts of the Code of Practice for governments, public bodies, employers and others.

Politics

Supreme Court ruling means ‘inevitable’ change for single-sex spaces

The UK Supreme Court has ruled that the legal definition of a woman refers to ‘biological women and sex’.

Responding to the judgment, the Commission’s chair Baroness Kishwer Falkner said the judgement has “significant implications” for the interpretation of Britain’s equality laws.

“We welcome the clarity this ruling brings; its importance to those whose rights are affected under the Equality Act cannot be overstated,” she said.

Revised Code of Practice

Baroness Falkner said the ruling corrected some of the “significant problems” with the practical application of Holyrood’s previous interpretation of sex and gender which she said “impaired the proper functioning of the Act and risked jeopardising the rights and interests of women and same-sex attracted people”.

In light of the ruling, the commission will be working to develop a revised Code of Practice.

“We will be working at pace to incorporate the implications of this judgment into the updated code, which supports service providers, public bodies and associations to understand their duties under the Equality Act and put them into practice,” the ECHR said.

“Where this judgment impacts upon our other advice for duty-bearers, such as our single-sex services guidance, we will review it as a matter of urgency and alert users to where guidance has been withdrawn or needs to be updated.”

In the meantime, Baroness Falkner said the EHRC will continue to regulate and enforce the Equality Act 2010, “ensuring protection for all protected characteristics including those of sex, gender reassignment and sexual orientation”.

“We remain committed to promoting equality and tackling discrimination in all its forms,” she said.

The Commission is responsible for developing this revised code of practice, but it will be subject to ministerial approval.

The ECHR said the revised guidance is “expected to be laid before Parliament before the summer recess” at the end of June.