Charities warn new single-sex space guidance poses ‘major risk’ to mental health of trans people
Several leading mental health charities have warned the government that new guidance on single-sex spaces poses a “major risk” to the mental health of trans and non-binary people.
More than a dozen organisations, including Mind, Samaritans and the Center for Mental Health, said they were “deeply concerned” by proposed new Equality and Human Rights Commission (EHRC) guidance on the Equality Act.
The legal guidance follows the Supreme Court’s April decision, which ruled that the terms “woman” and “gender” under the Equality Act 2010 refer to a biological woman and biological sex.
As reported by TimesThe guidance suggests that places such as hospital wards, gyms and leisure centers may question trans women about whether they should use single-sex services based on their appearance, behavior or concerns raised by others.
15 charities have now written to Equality Minister Bridget Phillipson about the proposed guidance, which requires ministerial approval before being put to Parliament.
The organisations, including Beat and the Royal College of Psychiatrists, said: “As mental health organisations, we are deeply concerned about the harm this guidance may cause.”
“Living in fear of abuse, discrimination or humiliation is a significant risk factor for poor mental health, and trans and non-binary people already experience some of the highest rates of mental health problems in the UK due to stigma, exclusion and barriers to affirming care.
“The proposed guidance risks deepening these inequalities, undermining people’s dignity, safety and access to support.”
They added: “Given these concerns, we urge the Government not to continue with the guidance in its current form, as doing so will deepen existing inequalities and pose significant risks to the mental health and wellbeing of trans and non-binary people.”
The EHRC submitted its updated code of practice to ministers in September but it has not yet been published.
The delay in its publication was criticized by Baroness Kishwer Falkner of Margravine, who recently completed her term as chair of the EHRC. However, the government promised that the publication would not be rushed.
Andy Bell, CEO of the Center for Mental Health, said: “If trans and non-binary people cannot access safe spaces for mental health care, they risk missing out on support altogether, exacerbating already existing inequalities in access, experiences and outcomes.
“We hope the Minister will meet with us to discuss how we can work together to protect the mental health, dignity and equality of trans and non-binary people across the UK.”
A government spokesman said: “Everyone deserves to be treated with dignity and respect. We are clear that there are laws in place to protect transgender people from discrimination and harassment.
“The Equality and Human Rights Commission (EHRC) has submitted a draft Code of Practice to Ministers and we are working rapidly to review it with the rigor it deserves.”
