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UK Government Moves to Enforce Biological Sex-Based Facility Rules

Following a Supreme Court ruling, interim EHRC guidance limits trans individuals' access to single-sex spaces, with sector-specific rules underway for public services.

The Supreme Court ruled that the Equality Act 2010 referred to biological sex — meaning that transwomen should not use women’s single-sex facilities
Gender

Overview

  • The EHRC's interim guidance mandates that trans women and men use facilities aligning with their biological sex in workplaces, schools, and public services.
  • Government ministers have confirmed the NHS and civil service will implement these rules, though no active enforcement measures, such as ‘toilet police,’ will be introduced.
  • Schools are required to provide single-sex toilets for children over eight and single-sex changing rooms for those over 11, with alternative provisions recommended for trans pupils.
  • The guidance emphasizes the need for mixed-sex or single-user facilities to ensure trans individuals are not left without access to any facilities.
  • A two-week consultation on a full code of practice is scheduled for May, with the finalized guidance expected to be submitted for ministerial approval by the end of June.