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£12.00The recent ruling by the UK Supreme Court on defining a woman by biological sex under equalities law has prompted the Equality and Human Rights Commission (EHRC) to take action. The chairwoman of the EHRC, Baroness Kishwer Falkner, has stated that the NHS will be pursued if it does not adhere to new guidance on single-sex spaces. The NHS, along with other public bodies, will be receiving updated guidelines following the unanimous Supreme Court decision.
Baroness Falkner emphasized that discussions with the health service have been ongoing for an extended period, and the EHRC will now be pressing for the NHS to update its advice in accordance with the ruling. The current NHS guidance accommodating trans individuals based on their appearance, names, and pronouns will need to be revised as a result of the recent legal interpretation.
The EHRC is swiftly working to provide an updated code of conduct for services, including the NHS and prisons, to ensure compliance with the new ruling. The implications of this ruling extend to various spaces such as hospital wards, changing rooms, and domestic refuges. If the NHS fails to make the necessary changes, the EHRC is prepared to take action to enforce the updated guidance.
Following the court case brought by women’s rights campaigners challenging the Scottish government’s approach to sex-based protections, it was determined that the term “woman” in the Equality Act refers to biological women, and “sex” pertains to biological sex. This ruling emphasizes that a person’s legal sex under the Equality Act is not altered by a Gender Recognition Certificate (GRC). The EHRC’s forthcoming guidance aims to ensure clarity and compliance with the law, impacting not only the NHS but various sectors, including women’s sports
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