Received from: TUC LGBT+ Conference
Conference believes that:
i. transgender rights are human rights
ii. transgender, non-binary and gender diverse people are entitled to live and work free from prejudice and harassment
iii. the discrimination faced by transgender, non-binary and gender diverse people reflects a rigid gender conformity that oppresses all women.
Conference notes that:
a. the Supreme Court ruling of the 16 April goes against both recent and past European Court of Human Rights judgements
b. on 11 June, during evidence to the Women and Equalities Select Committee, the current EHRC chair Baroness Falkner was asked about how draft EHRC guidance to service providers on asking people about their birth sex in order to access toilets can be in accordance with the Human Rights Act 1998 Article 8 Right to Privacy
c. Baroness Falkner responded that the EHRC “[does] not think Article 8 rights apply”
d. that the interim guidance issued by the EHRC is flawed and inconsistent on the inclusion of transgender, non-binary and gender diverse people in public life, including as employees seeking to impose a duty excluding many workers from single sex spaces in workplaces and public life
e. the EHRC consultation period on its ‘guidance’ is insufficient for full consideration by affected parties of the implications of said ‘guidance’
f. the TUC has robust policy, consistently passed at Congress in the last seven years.
We note since the Supreme Court ruling, there has been a surge of transphobic hate promoted by the far-right, for political advantage. That the rise of far-right hate against LGBT+ people including trans people, as well as against migrants, women and all minority groups, is dangerous and a threat to trade union values.
This conference believes that trade unionists must oppose the imposition of gender stereotypes, protecting the dignity and safety of all workers.
Conference therefore calls for the TUC, LGBT+ Committee to:
1. campaign publicly on its policy for gender self-declaration
2. work with government to update and improve the Gender Recognition Act 2004 and the Equality Act 2010 to achieve social equality for all transgender, non-binary and gender diverse people
3. develop guidance on challenging transphobia in the workplace and negotiating improved workplace policies that are inclusive of transgender, non-binary and gender diverse workers.
4. campaign for full rights for transgender, non-binary and gender diverse people in the workplace and wider society.
5. continue supporting the Trade Unions for Trans and Non-Binary Rights Network
6. invite the Minister for Women and Equalities to meet members of the TUC General Council and the TUC LGBT+ Committee to discuss this issue.
7. actively work on all provisions of policy relating to trans and non-binary workers adopted at TUC Congress
8. ensure trans and non-binary voices and experiences are included in all work on these issues.
TUC LGBT+ Conference