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Statement: new trans guidance for public authorities does not ban skirts |
[26-02-2010] |
The Commission has launched new guidance for all public sector authorities to assist them in meeting their obligations in regards to providing goods, facilities and services to trans users.
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Under the existing Sex Discrimination Act, public authorities, including hospitals, NHS providers and prisons, are required to assess the inequalities being experienced by women and men including trans users of their goods and services. Public authorities are expected to take steps to help overcome those inequalities and prevent discrimination.
The latest guidance to be published was the Provision of Goods, Facilities and Services for Trans People and advises on what public authorities should do to comply with their obligations under equality and human rights laws. Of the limited research available looking at the experiences of trans people, it appears that they face significant discrimination and disadvantage across all aspects of their lives, including personal relationships, at work and in access to goods and services.
Included in the Commission’s new guidance is advice for education authorities.
A spokesperson for the Equality and Human Rights Commission, said:
“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.”
Background information on school uniforms and gender discrimination
It is currently up to individual schools to decide whether or not there should be rules on uniform which apply to pupils of one sex only - such as girls not being allowed to wear trousers or boys not being allowed to wear earrings. However, in the light of current conventions on dress, a court may decide that it would be less favourable treatment on grounds of sex to deny girls the choice of wearing trousers as a school uniform option.
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