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UK Supreme Court Ruling Prompts Shift to Birth Sex-Based Strip-Search Policy

British Transport Police now mandate strip searches based on detainees' biological birth sex, following a landmark legal decision redefining 'woman' under equality law.

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The announcement about an ongoing review by Police Scotland comes after its decision last September to reverse a policy which allowed convicted rapists to identify as female
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Overview

  • The UK Supreme Court ruled that the Equality Act 2010 defines 'woman' strictly by biological birth sex, not acquired gender.
  • In response, British Transport Police implemented an interim policy requiring strip searches to align with detainees' birth sex, replacing prior guidance based on gender recognition certificates.
  • The Sex Matters campaign continues its judicial review, arguing that previous policies violated detainee safety and human rights protections.
  • The Equality and Human Rights Commission is developing a statutory code of practice, expected by summer, to standardize the ruling's application across public bodies.
  • This decision has broader implications for sectors like healthcare, potentially requiring updates to policies on single-sex spaces such as NHS wards.