
The York Human Rights and Equalities Board has a strategic role in creating a ‘human rights culture’ in York.
While we are aware that individual organisations are taking time to consider the impact of the Supreme Court’s ruling, we felt it was important to share a public statement at this time.
National media coverage of the ruling has been intense and at times hostile towards trans people. Despite the Supreme Court’s caution against “reading this judgment as a triumph of one or more groups in our society at the expense of another”, we know that that trans people are upset, anxious and feeling a deep impact on their daily lives.
The ruling is difficult for us as a partnership board focused on Human Rights. We are made up of organisations that represent a trans inclusive city and one which is proud to have more trans residents who call York home than the UK or regional average (per percent of total population).
Earlier this year, Council Leader, Councillor Claire Douglas, attended a demonstration in the city centre in support of trans people and told local media that the city will continue to support trans people to access services and be treated with dignity.
Our message to trans people in York is clear: we see you; we hear you; we are here to support you in any way we can.
The Board also fully acknowledges and supports the legal right to hold gender critical views free from harassment, discrimination, and victimisation.
Whilst it has been said that the decision gives more clarity on the position of trans people in society, there is much disagreement between experts and organisations nationally about the decision and how to apply the ruling at work and in public spaces.
Two legal challenges to the Supreme Court ruling have already been announced.
The Equality and Human Rights Commission (EHRC) is an independent statutory body with the responsibility to protect and promote the human rights of everyone in Britain. It recently published an interim update with its initial reflections on the judgement.
This states that:
- Trans women should not be permitted to use the women’s facilities
- Trans men should not be permitted to use the men’s facilities
- Trans people should not be put in a position where there are no facilities for them to use.
The EHRC will be conducting a public consultation in mid-May, lasting for two weeks, before finalising a draft Statutory Code of practice later this year.
Giving clarity currently is very difficult. Organisations need to get their policies, procedures, and guidance right to ensure legal compliance. In the meantime, there is a lot we do know:
- York is a City of Sanctuary and the UK’s first Human Rights City.
- City of York Council values and core commitments include equalities and human rights.
- Our public sector organisations are committed to fulfilling their public sector equality duty by considering the impact of their policies and decisions on people who share protected characteristics under the Equality Act 2010. This duty aims to promote equality by requiring public authorities to eliminate unlawful discrimination, advance equality of opportunity, and foster good relations between people who share protected characteristics and those who do not.
This ruling doesn’t change our values or expectations as a city. York is a City of Sanctuary and the UK’s first Human Rights City. A Full Council motion has also declared York as a Trans-Friendly City. We remain committed to York being an inclusive, respectful and safe city for everyone – including trans people and those with gender critical beliefs. Everyone has a right to be treated with dignity, and a responsibility to treat others the same.