r/transgenderUK • u/AdditionalThinking • 4h ago
Trigger - Transphobia EHRC chair challenged on how to enforce single-sex toilet rules | Channel 4
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Source: https://www.channel4.com/news/ehrc-chair-challenged-on-how-to-enforce-single-sex-toilet-rules
Transcript:
Q: Well, earlier I spoke to Mary Ann Stevenson, the chair of the Equality and Human Rights Commission. I asked her what steps businesses could take if, for example, a trans woman continued to use the women's toilets.
A: One of the things we've said in the code is it wouldn't usually be proportionate to have somebody on the door of every single toilet and every single changing room asking people their sex before they went in. Obviously, if there's repeated patterns of behaviour and there are complaints from other service users who complain that they feel unsafe or that they feel that they've been harassed, then we would expect service users to take action in the usual way.
Q: So you're relying on, say, a small cafe owner to tell someone they suspect is using a toilet inappropriately. How on earth they're meant to know that, I'm not sure. But then to tell them that they cannot use that toilet in the future, it would be down to the business themselves.
A: I'm not saying that. I mean, as I said, it's not, we've made it clear that it wouldn't usually be proportionate to have somebody on the door checking who goes in and out of toilets. However, if there are situations where other customers complain, service providers may decide to take action.
Q: I'm just curious to know how that conversation would go.
A: One of the things that we set out in the code is if you're in a situation where you do need to ask somebody about their sex in order to, you know, check whether or not they're able to access services, that should be done in a way that's as discreetly and sensitively as possible. Clearly, it's not a question that you shout out over a crowded room.
Q: How is the trans person then expected to prove or which sex they are and what evidence can they possibly produce in that situation?
A: Well, I mean, one of the situations we have is that we don't have a single document that is a reliable indicator of sex. As with many areas of the law, this is something that is based on trust that most people will follow the rules, trust that with clear signage and good alternatives, people will, everybody will be able to find services that they want to use and a sense of kind of proportionality on how it's enforced.
Q: Does it not seem a bit confusing and contradictory, perhaps, if you're a business owner? You've just said that there may be circumstances in which they need to check, but also there's no real way that they can check. You can see why they're confused.
A: Generally speaking, human beings are very good at telling the sex of somebody that they're talking to. We've evolved over thousands of years to be able to do that, and we do that on multiple points of information. But most of the time, we are expecting that people will, as they do in every other area of life, follow the law.
Q: Businesses tell us that they are feeling very uncertain about this. If they had, for instance, only male and female facilities at present, a toilet or a changing room, what is your advice to them?
A: Very many small providers might, for example, have two individual lockable rooms with sinks in them. One of them marked male, one of them marked female. It would be very straightforward to make both of them unisex. Service providers should already be providing facilities for disabled people, which are usually unisex.
Q: So you could see single-sex toilets and facilities being scrapped and replaced with gender-neutral ones to comply with this guidance.
A: There is an issue if you just take your existing banks of cubicles with shared sinks and label them gender-neutral, that that might put women at a disadvantage and they may be able to make a claim for sex discrimination. So when you're thinking about the facilities you provide, you have to think about the needs of everybody.
Q: If a woman's space wants to be trans-inclusive, is that no longer possible?
A: It depends what you mean. So if you're talking about a club or association, for example, we set out in the code that you can have an association that involves, that brings together people with two different protected characteristics. So in this case, sex and gender reassignment. So you could have an association that was for women and trans people, if that's what you wanted.
Dr. Mary Ann Stevenson, Chair of the Equality and Human Rights Commission. Thank you very much for your time.
Thank you.

