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05 March 2010

New public sector guidance for transgender issues

The Equality and Human Rights Commission (EHRC) has issued guidance to public sector authorities to help them when providing goods, facilities and service to transgender users. The regulations, stipulated in the Sex Discrimination Act, require public authorities to assess any inequalities that may be experienced by people using their goods and services. They must then take action to help people overcome any such issues and ensure there is no discrimination.

 

Education authorities have been particularly highlighted in the study. At the moment individual schools can decide what the rules are regarding uniform and the sex of pupils. However, given the changes in society and the modern dress conventions, it is believed that a court may decide that to deny a girl the chance to wear trousers would be less favourable. The EHRC released a statement concerning this point,

 

“This is all about giving public authorities, including schools, information which will help them interpret the law. Schools currently have to ensure they do not discriminate based on race, religion, gender, disability and sexual orientation. The Commission’s guidance is about helping schools, and other public authorities, take a bit of time to consider their policies, how flexible they are in accommodating pupils with different needs, and what they might need to do to both help pupils get the most out of school and potentially avoid situations which might culminate in difficult and costly legal action.

 

This guidance is not about "banning skirts" or forcing all girls to wear trousers. School heads are currently able to make special exemptions regarding their uniform for students of different ethnicities, faiths and sexes. For example, they may allow a Muslim girl to wear trousers if she wishes while requiring other female pupils to wear skirts.  Under the proposed Equality Bill schools may need to also consider the needs of trans students and allow, for example, a trans pupil to opt out of wearing a skirt while requiring the girls in the school to wear skirts.”

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