Joint statement calling on government to protect trans people

As organisations working for justice for all migrants and refugees, we see first-hand how systemic barriers and harmful policies stigmatise and have long-lasting effects on those pushed to the margins of society. We have come together to demand political action at a time when the trans community is under threat of heightened discrimination and abuse in this country. We urge the government to protect trans, intersex and non-binary people’s rights, as part of a broader commitment to uphold the rights of all who experience discrimination and exclusion.

We are concerned about the impact of the recent Supreme Court ruling, which found that in the Equality Act, the words ‘sex’ ‘man’ and ‘woman’ refer to ‘biological sex’. This judgment could have widespread and harmful implications on how service providers treat trans, intersex and non-binary people.

We have already seen the EHRC’s interim guidance start to cause difficulties for the lives of trans people in the UK. When looked at together with the draft Code of Practice, this raises concerns that the provision of guidance on how to remain trans-inclusive is not a priority for the EHRC. For example, the draft interim guidance advises service providers to ask about, and potentially demand proof of someone’s sex as recorded at birth. This approach fosters suspicion about trans people, and polices the bodies of people who don’t conform to narrow gender norms, risking the normalisation of discrimination across services and public spaces. This is in contrast to the Supreme Court’s insistence that its ruling would lead to no reduction in rights for trans people. This has not been demonstrated by the EHRC’s response to it.

Trans, intersex, and non-binary people seeking asylum are already too often housed in accommodation that is unsafe for them, and struggle to access gender-affirming healthcare or mental health support. The right to asylum has already been restricted in many ways, including by a lack of legal aid provision and by heightening standards of proof. These risks and barriers will only be entrenched if the updated EHRC Code of Practice adopts the same trans-exclusionary approach as the interim guidance and draft Code.

We call on the government to:

• Ensure the updated Code protects trans people’s human rights and helps ensure their inclusion
• Ensure the privacy, dignity and safety of trans people

In only 10 years, the UK has fallen from being ranked the most LGBTQI+ friendly country in Europe to 22nd place, making it the second-worst country for LGBTQI+ people in western Europe and Scandinavia. This dramatic decline reflects an increasingly hostile context, especially for trans people, who are more at risk of discrimination and abuse.

We urge this government to take action and protect trans, non-binary and intersex lives.