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The government in Scotland has mandated that schools provide separate toilet facilities for boys and girls, following new guidance issued by Holyrood ministers. The guidance stipulates that facilities should be available based on biological sex, while also allowing schools to provide gender-neutral toilets. Previously, transgender pupils were permitted to use whichever toilets they felt most comfortable using. Education Secretary Jenny Gilruth stated that the guidance aims to offer “clarity” following two significant court rulings.
One of these rulings, from the Supreme Court in April, defined a woman based on biological sex under equalities law. Subsequently, a judge ordered six Scottish schools two months later to provide single-sex toilets for their pupils. The updated Scottish government guidance now dictates that toilet facilities must be accessible based on biological sex, while also recommending that educational authorities consider gender-neutral provisions for transgender pupils.
The authorities also emphasized the importance of supporting young people who express a desire to live as a gender different from their biological sex. They caution against enforcing gender stereotypes and underscore the need for a positive environment for all individuals to thrive. The guidance suggests measures such as ensuring play and learning activities are gender-neutral, participating in events like LGBT History Month, and using literature that challenges traditional stereotypes.
Education Secretary Jenny Gilruth acknowledged the importance of the Supreme Court ruling regarding biological sex and the subsequent update to the guidance. She clarified that the guidance is non-statutory as local authorities hold the legal power to manage schools in Scotland. Gilruth assured that resources would be available to implement necessary changes to toilet facilities and highlighted existing requirements for accessible toilets in schools. Despite these efforts, the Scottish Conservatives raised concerns about the guidance, deeming it contradictory and potentially harmful, demanding clearer guarantees for single-sex spaces in all Scottish schools
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