Calls for protection of trans people in wake of new EHRC guidance

The London Assembly has raised serious concerns about the Equality and Human Rights Commission’s revised Code of Practice, warning it is discriminatory, contradictory and unworkable.

Members highlighted the high levels of harassment faced by trans people and cautioned that the new guidance risks worsening discrimination and restricting access to everyday services.

The Assembly has called on London MPs to intervene and support Early Day Motion 240, while asking the GLA to set out how it would respond if the Code is adopted.

Benali Hamdache AM who proposed the motion, said:

“Trans rights organisations have raised serious concerns about the revised Equality and Human Rights Commission Code of Practice, and the Assembly shares the view that the guidance is unworkable and risks worsening an already difficult climate for trans people, who continue to face significant discrimination and disadvantage.

“It’s important there’s cross-party agreement on this, demonstrating the Assembly’s support for trans Londoners and commitment to inclusion.“

The full text of the motion is:

“The London Assembly raises serious concerns about the revised Equality and Human Rights Commission’s Code of Practice. In the wake of the Supreme Court ruling on the 2010 Equality Act, the EHRC has issued guidance that is, in our view, contradictory, discriminatory and unworkable.

This Assembly notes that trans people face significant discrimination and disadvantage in society. Previous research from the EHRC had found that 62 per cent of trans people had experienced transphobic harassment from strangers in public.

The Code of Practice risks entrenching that experience. The guidance overhauls 16 years of best practice when it comes to the Equality Act. Trans people’s everyday lives would be upended without safe and convenient access to toilets, changing rooms and other public services.

The Assembly believes we risk encouraging a climate where service providers and members of the public feel they can and must police gender and sex – based on blunt and surface level assessments of femininity and masculinity. Such a climate would harm many trans, gender diverse and cisgender Londoners.

The Assembly calls on the Mayor of London and the Chair of the London Assembly to write to London’s MPs encouraging them to intervene in the adoption of the Code of Practice and to sign Early Day Motion 240, that raises serious concerns with the adoption of the code.

The Assembly also calls on the Greater London Authority to report back, if the Code is adopted, on how it plans to interpret and enforce the guidance.

This Assembly notes that, to date, this Early Day Motion 240 has already been signed by 14 London MPs

• Stella Creasy
• Apsana Begum
• Bell Ribeiro-Addy
• John McDonnell
• Diane Abbott
• Luke Taylor
• Bobby Dean
• Rupa Huq
• Dawn Butler
• Jeremy Corbyn
• Ruth Cadbury
• Vicky Foxcroft
• Danny Beales
• Emily Thornberry
   

The meeting can be viewed via webcast or YouTube.

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