EHRC single-sex spaces guidance takes effect
EHRC single-sex spaces guidance takes effect

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Arabic version: دخول إرشادات هيئة المساواة وحقوق الإنسان بشأن المساحات أحادية الجنس حيز التنفيذ

According to BBC News, official guidance from the Equality and Human Rights Commission (EHRC) on single-sex spaces open to the public has come into force in England, Wales and Scotland. The code says facilities such as toilets and changing rooms should be organised on the basis of biological sex where it is proportionate for them to be single sex.

The EHRC code provides advice for services, public bodies and associations on interpreting the 2010 Equality Act. It applies to organisations including cafes, leisure centres, public toilets, domestic violence shelters and bowls clubs. It says trans people should use gender-neutral facilities or facilities matching their biological sex in settings such as gym changing rooms and rape crisis centres.

Under the guidance, a trans woman should not use women-only facilities and a trans man should not use men-only facilities. However, the code also says it could be discrimination against a transgender person if they were forced to use services linked to their biological sex, and identifies gender-neutral spaces as an alternative. The Equality Act protects people on grounds including biological sex and gender reassignment.

The guidance was published in June and follows the UK Supreme Court’s April 2025 ruling that “sex” in equality law means biological sex rather than gender identity. A draft code was sent to Equalities Minister Bridget Phillipson for approval in September 2025, with an amendment made in June. Although 167 MPs signed a motion calling for the draft to be scrapped, it was not debated.

Trans-rights campaigners have said the code is unworkable and will make trans people’s lives harder, while sex-based rights groups have welcomed what they describe as clarity. EHRC chair Dr Mary Ann Stephenson said the guidance could not be ignored and that trans people remain protected against discrimination and harassment. Northern Ireland uses different equality legislation and is considering the impact of the Supreme Court ruling.

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