The British government on Thursday published new guidelines specifying in which situations transgender people can be excluded from single-sex spaces such as public toilets, changing rooms or certain hospital services, following a major British court ruling.
These rules come after a landmark ruling last year by the UK Supreme Court, which held that the term "sex" in the law should be interpreted as biological sex. This decision means, in particular, that a transgender woman is legally considered a man and a transgender man is considered a woman in certain legal contexts.
The new code of practice, drawn up by the Commission for Equality and Human Rights, indicates that the exclusion of transgender people may be authorized when deemed necessary to protect the privacy, dignity or safety of users of non-mixed spaces.
British Minister for Women and Equality Bridget Phillipson said the new guidelines were intended to provide organisations with "clear rules" on law enforcement.
The text has been sent to Parliament for a 40-day review period. If no objections are raised, it will replace the code currently in force since 2011.
This legal clarification follows legal action brought by the association For Women Scotland against the Scottish government. The case had contributed to fueling a particularly sensitive debate in the United Kingdom surrounding the rights of transgender people and access to single-sex spaces.
The new guidelines clarify, however, that legal protections against discrimination based on gender reassignment remain in force. The British government insists on the need to find a balance between the rights of transgender people and those related to privacy and safety in certain designated spaces.
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