The Equality and Human Rights Commission (EHRC) published its updated draft Code of Practice on Thursday, 21st May, prompting responses from across the University over the potential impact on transgender students and staff. The EHRC is a national public body established by the 2006 Equality Act, which acts as the independent equality and human rights regulator.
The 340-page document follows last year’s Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers, which ruled that the terms “sex”, “woman”, and “man” in the Equality Act 2010 refer to “biological sex”. The draft guidance states that “a trans man with a GRC [Gender Recognition Certificate] is a woman and a trans woman with a GRC is a man”.
The updated Code also states that if a service provider “allows trans people to use the service intended for the opposite sex, the service will no longer be a separate or single-sex service under the Equality Act 2010”. The guidance adds that organisations should consider whether “women’s safety, privacy and/or dignity would be at risk” from allowing trans men into “single-sex” spaces.
The publication of the Code has raised questions for universities over how facilities such as accommodation, toilets, and changing rooms may be managed once the guidance is formally approved. In a statement shared online, the University of Oxford confirmed it was reviewing its policies and practices in light of both the Supreme Court ruling and the EHRC’s updated guidance. The University added that the review includes “existing facilities across our estate”.
In a statement to Cherwell, a University spokesperson said: “The University is reviewing the updated Code carefully to ensure we conduct our activities within the parameters of the law, and in accordance with our values. We also note that a Code of Practice for employment is still to be released.
“Oxford remains committed to being an inclusive university where everyone belongs and is supported to succeed. We will continue to work to maintain an environment in which the rights, dignity, and wellbeing of all members of our community are respected, including all members of our LGBTQ+ community.”
The Oxford Student Union (SU) also shared a statement online, saying the updated guidance had “significant implications for LGBTI+ people, particularly those who are TNBI+”. Reaffirming commitments made in its recently updated Trans, Non-Binary, Gender Diverse and Intersex Inclusion policy, the SU stated that it remains committed to “protecting the rights, safety, dignity, and health and wellbeing” of TNBI+ students across the University.
The SU added that it was reviewing the guidance “to better understand how this may impact TNBI+ students” and would provide updates on any actions it planned to take. When approached for comment by Cherwell, the SU referred back to its existing public statement.
Somerville College has also published its own independent statement – the only college to have currently done so – titled “Including the Excluded”. In the statement, it said that “trans rights and women’s rights [are] not in opposition to each other, but as part of the same struggle for dignity, equality and human rights”. The college added that it would “never tolerate harassment, bullying or discriminatory behaviour towards anyone”, noting that discrimination against transgender people remains prohibited under the Equality Act 2010.
The President of Oxford University’s LGBTQ+ Society told Cherwell that the updated Code reflected “the product of years of hateful campaigning from anti-trans organisations”, and cautioned against over-reliance on legal reform, writing that “our current Government does not care about trans people beyond our use as a distraction from other issues”. She added that “liberation is the goal, and legal changes can only ever be a part of that”, concluding that “having a vibrant and thriving trans community… in spite of current national politics – will always be more important to me”.
The publication of the Code comes shortly after controversy surrounding a change to Oxford University Rowing Clubs’ (OURCs) Rules of Racing, which now state that only athletes assigned female at birth may compete in women’s boats. The rule change has prompted backlash from across student boat clubs, with concerns raised over both privacy and enforcement. LGBTQ+ Soc President made clear to Cherwell that they do not view these changes and the updated Code of Practice as “unrelated events”.
Oxford for Trans Rights has arranged a “March for Trans Rights” for Saturday, 30th May at Bonn Square in response to the EHRC guidance.
 published its updated draft Code of Practice on Thursday, 21st May, prompting responses from across the University over the potential impact on transgender students and staff.){kind=link}