Mental health groups criticise EHRC guidance on single-sex spaces

Mental health charities have been criticised for prioritising the mental health of gender-confused men over women’s safety.

A group of 15 mental health organisations and charities, including Mind, Samaritans, and the Royal College of Psychiatrists, have written to express their “deep concerns” about the new Equality and Human Rights Commission guidance on single-sex spaces. The guidance explains that, if a man who identifies as a woman is allowed in women’s facilities, “this will mean that they are no longer single-sex facilities and must be open to all users of the opposite sex”.

Once approved by Parliament, the EHRC guidance will have statutory status. Despite having received the guidance in September, the Government has not yet formalised it, with Work and Pensions Secretary Pat McFadden saying they want to make sure they are “getting it right”.

Mental health

The mental health organisations’ open letter to Secretary of State Bridget Phillipson states: “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.”

It warns that the proposed EHRC guidance could: “deepen existing inequalities and pose significant risk to the mental health of trans and non-binary people across the UK”

However, the letter has been criticised on social media for failing to acknowledge the impact on women, with one person posting: “And what about women’s mental health?”, and another commenting: “The mental health of women and girls is not just unimportant, it’s not even considered”.

Protecting women

Baroness Falkner, who recently finished her role as Chairwoman of the EHRC, reiterated her point that the guidance is “a practical navigational tool. It is not the law.” She emphasised that the “law of the land was determined on the 16th of April, nearly eight months now” by the Supreme Court’s ruling.

She criticised the Government for delaying approval of the guidance, suggesting that “they’re terrified of their MPs who would wish for trans self-identification or trans inclusion to prevail across all areas of society”.

Lady Falkner also suggested that Prime Minister Sir Keir Starmer and many of his allies “believed that accommodating vulnerable trans people was more important than protecting the interests of vulnerable women”.

She stated: “When you casually dismiss the reality of more than 51 per cent of your population in favour of what you think is the right way forward to protect a very, very, very small group of — albeit very vulnerable — people, then you need to do a stock take. Is that proportionate?”

Rights are balanced

Lady Falkner said that without the guidance in place, the public and institutions are left in a “grey zone”, adding that her greatest concern “is that it’s very distressing for trans people”.

She continued: “They’re concerned their rights are being taken away. Their anger should be directed at those snake-oil salesmen who sold them the fiction they had rights that have been taken away, and not ever explained that rights are balanced. And that in some areas, such as discrimination law, the rights of biological people hold.”