Several leading mental health charities have written to the government warning new guidance on single-sex spaces poses a “major risk” to the mental health of transgender and non-binary people.
Over a dozen organisations including Mind, Samaritans, and the Centre for Mental Health have said they “deeply concerned” about the proposed new Equality and Human Rights Commission (EHRC) guidance on the Equality Act.
The statutory guidance followed the Supreme Court’s April ruling, which ruled that the terms “woman” and “sex” within the Equality Act 2010 refer to a biological woman and biological sex.
As reported by The Times, the guidance suggests places such as hospital wards, gyms and leisure centres will be able to question transgender women over whether they should be using single-sex services based on how they look, their behaviour or concerns raised by others.
15 charities have now written to equalities minister Bridget Phillipson about the proposed guidance, which now requires ministerial approval before it can be laid in Parliament.
“As mental health organisations, we are deeply concerned about the harm this guidance could cause,” the organisations, which also included Beat, and the Royal College of Psychiatrists said.
“Living in fear of abuse, discrimination or humiliation is a major risk factor for poor mental health and trans and non-binary people already experience some of the highest rates of mental ill health in the UK, driven by 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 proceed with the guidance in its current form, as doing so would deepen existing inequalities and pose significant risks to the mental health and wellbeing of trans and non-binary people.”
The EHRC handed it’s updated code of practice to ministers in September, but it is yet to be published.
The delay in it’s publication has been criticised by Baroness Kishwer Falkner of Margravine, who recently concluded her tenure as chairwoman of the EHRC. However, the government has vowed not to “rush” its publication.
Andy Bell, chief executive of Centre for Mental Health said: “If trans and non-binary people do not have access to safe spaces for mental health care, they risk missing out entirely on support – exacerbating the inequalities that already exist in access, experiences and outcomes.
“We hope the Minister will meet with us to discuss how we can work together to safeguard the mental health, dignity and equality of trans and non-binary people across the UK.”
A government spokesperson said: “Everyone deserves to be treated with dignity and respect. We are clear that there are laws in place to protect trans 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 quickly to review it with the care it deserves.”
