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Women’s toilets are not for trans women, UK equality watchdog says

Equality and Human Rights Commission issued interim guidance after ruling this month that a woman is legally defined based on sex at birth

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Britain’s equality watchdog says transgender women should not be allowed to use women’s toilets. Photo: Shutterstock Images
Agence France-Presse

Britain’s equality watchdog has advised that transgender women should not be allowed to use women’s toilets following a landmark ruling by the Supreme Court on the legal definition of a woman.

The Equality and Human Rights Commission (EHRC) issued interim guidance for organisations in response to five judges ruling earlier this month that a woman is legally defined based on their sex at birth.

The decision was hailed by gender-critical campaigners and has been welcomed by the government as providing “clarity”, but transgender people have expressed concern that they will be discriminated against.

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Trans women “should not be permitted to use the women’s facilities” in workplaces or public buildings such as shops and hospitals, the EHRC said.

The same rule applies to trans men using men’s toilets, the watchdog said.

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The commission stressed though that trans people “should not be put in a position where there are no facilities for them to use”, suggesting the use of unisex toilets.

“That’s the logical consequence of the judgment and the guidance that’s come out – that people use the facilities of their biological sex,” government minister Pat McFadden told the BBC, adding though that there would be no “toilet police”.
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