The Equality Act of 2010 brought together all the different protected groups, whose rights had been hard-won over the centuries, under a single landmark legislation. As regulators of this law, our mission to the Committee on Equality and Human Rights (EHRC) is to uphold these protections. With nine different protected characteristics to consider, each with its own interests and needs, there are inevitably cases where certain rights overlap. The role of the EHRC is to balance them. One such example is the provision of space for one sex. The law is clear that organizations can sometimes restrict access to their services to one gender, just as it is clear that trans people have the right to live their lives without discrimination in the gender they identify with.
More common than what divides the public
Judging by the often toxic tone of the debate in the media or on the internet, you will be led to believe that the public is polarized on this issue. In fact, focus groups and polls show that there are more areas in which we agree than disagree. The British people, with a characteristic sense of well-being, understand that this is a complex issue and that any situation requires a balanced approach and careful consideration. At the same time, we recognize that this is a sensitive area for navigation. with a real impact on people’s lives. So this week the EHRC published practical guidelines to help sex providers. This is not an intervention in the wider debate on gender and gender identity, but an attempt to help organizations such as sports clubs, women’s shelters and rape centers understand exactly what the Equality Act says. It will also help employers and businesses who want to know that they provide toilets and locker rooms for their staff and guests properly. We do not enact the law, but it is our regulatory function to support it, regardless of government, campaigns or established interests.
Balancing the needs of everyone
The law affirms that, while you should not discriminate against someone because of their protected characteristics, there are exceptions that allow organizations to restrict services to a particular group, provided the reasons are justified. The reasons may be for privacy, decency, injury prevention or ensuring health and safety. Likewise, it may be perfectly legal and appropriate for organizations to open their services to all groups. Our guidance encourages service providers to adopt flexible policies that balance the needs of all users, based on their specific circumstances. This is the best way to ensure that all women, girls and trans people are treated fairly. Occasionally, competing rights do not have to mean conflict. Gender and gender identity issues have dominated the debate since I was appointed President of the EHRC in December 2020. However, there are still many other areas where the scourge of discrimination remains and debates can be polarized. Last week, we launched a three-year strategy to address some of these, including discriminatory practices in the use of artificial intelligence, equitable access to education and health care after Covid, and relationships between different communities. Therefore, I urge people, regardless of their sincere views, to lower the temperature of the debate and work constructively with us to achieve a fairer society for all. Baroness Falkner of Margravine chairs the Committee on Equality and Human Rights
