Written submission from a member of the public (EEA0099)
Prisons; people born of the female sex experience discrimination based on this characteristic if prisons are not separated on the grounds of biological sex.
Services, i.e. rape crisis centres and domestic violence shelters etc.; people born the female sex experience discrimination based on this characteristic if these services become mixed sexed.
Changing rooms, communal showers and toilets: people born the female sex experience discrimination based on this characteristic if they are not provide with an option of these facilities that are for the exclusive use of those born female sex.
Safeguarding; people born the female sex experience discrimination when people born the male sex claim the characteristic of “gender reassignment” and are permitted into female spaces, despite no evidence these males commit sexual crimes against females at the same rate as those born the female sex.
Transvestic disorder and autogynephilia: people born the female sex are experience discrimination if they are forced to become a non-consensual participant in a male’s sexual paraphilia.
Free speech and assembly; people born the female sex experience discrimination based on this characteristic when their right to publicly meet or openly discuss issues that concern them are considered “hate speech” and attempts are made to exclude their opinions.
Legal definition of female; girls and women: in order for those born the female sex to have any meaningful rights in law based on this characteristic then the legal definition of these words must only mean those born the female sex.
I am writing this as I am concerned that the rights of people born the female sex are being severely undermined by laws that allow people born the male sex to be legally considered as if they are the female sex. I am concerned about the rights of my wife and daughters (and any daughters they may have in the future) if these laws continue to stand despite the fact they are infringing on females rights.
1. Prisons: In order for females rights to be upheld males must not be permitted to reside in prisons designed for female inmates. Recently, male prisoner Karen White under the characteristic of “gender reassignment” was transferred to a female prison, after which he committed sexual assaults against the female inmates (Gilligan, 2018a). What is stopping other males from also claiming the characteristic of “gender reassignment”, in order to be removed into a female prison, either to commit further crimes (as White did) or just because they see it as a more favourable place to be than a males prison? Why are a subset of males who claim the characteristic of “gender reassignment” not being housed in a separate wing of a male prison, which would keep them safe, and ensure that female prisons are kept single sex, for the safety, privacy and dignity of female prisoners? Why should the safety and comfort of a male prisoner, who claims the protected characteristic of “gender reassignment” (even if he claims this before his arrest), outrank the safety, privacy and dignity of all the females in a prison? This is blatant sex discrimination against female prisoners, if a subset of males can violate female prisoner’s right to privacy and dignity if he claims the characteristic of “gender reassignment”. The EHRC must ensure the Equality Act makes it clear, those who are born female have the right to prisons which contain only those born female, in order to uphold the rights of the female sex.
2. Services: Refuges and rape crisis centres serve predominately female clients as males commit the majority of domestic violence and sexual crimes females are the majority of the victims (ONS, 2018). Unfortunately, women who are trying to recover from the trauma of such an ordeal often suffer anxiety and PTSD when males are around, regardless of whether the males have the characteristic of “gender reassignment”, as a report by women’s rights group points out (Fair Play for Women, 2018). Indeed, as the report highlights having a male present (including males who claim the characteristic of “gender reassignment”) can discourage women from using the service, and/or trigger their anxiety and PTSD (Fair Play for Women, 2018). Moreover, a male in Toronto, Canada named Christopher “Jessica” Hambrook claimed he was a woman, in order to access a female shelter and commit rape against the women (Pazzano, 2014). What is stopping a man from claiming the characteristic of “gender reassignment” in order to do the same in the UK? If males who have the characteristic of “gender reassignment” have suffered domestic violence or rape, and feel there is a need for refuges or centres for them, why are they not being encouraged to campaign for their own services that can better meet their particular needs, as other men have done? Female only services are being strong armed into accepting a subset of males with the characteristic of “gender reassignment”, even though it puts the female’s service users at a disadvantage, and renders the service unusable for many females. Therefore, it is discrimination against the female sex; the EHRC needs to ensure that the rights of the female sex are upheld under the Equality Act, by ensuring it clearly states that female born people have the right to these services, without the presence of male born people.
3. Facilities: We know males commit the vast majority of violent and sexual crimes, including the crimes of voyeurism and exposure, and the majority of victims are female (ONS, 2018). Evidence from a recent study, found that the majority of sexual assaults happened in mixed sexed changing rooms in the UK, despite the majority of changing rooms being single sex in the UK (Gilligan, 2018b). This demonstrates that when males are permitted to enter changing rooms with females, more sexual assaults occur against females. It would be reasonable to conclude that this would also be the case for other places where females are in vulnerable situations, i.e. in various stages of undress, such as while using showers in leisure facilities or when using public toilets etc. Therefore, it is alarming that many leisure facilities and public venues and work places are proposing turning single sexed facilities into mixed sexed facilities. As this clearly puts the female sex at greater risk of sexual assault, and therefore discriminates against the female sex. It also puts women whose religious beliefs do not permit them to share such facilities with males, in a position of either going against their religious convictions, or avoid using such spaces altogether. Therefore, in order to uphold the rights of the female sex the ECHR must ensure the Equality Act clearly instructs employers, and owners of buildings used by public, that people born the female sex must have the option of single sex facilities available to them, even if mixed sexed facilities co-exist alongside them as an alternative option.
4. Safeguarding: Not all males commit violent or sexual crimes, but safeguarding exists because every male is a potential risk to females, even though the majority of males pose no risk. It is striking given this, that a subset of males claiming the characteristic of “gender reassignment” are currently able to use female facilities, and if a female service user objects she is simply dismissed as bigoted. Where is the evidence that the sub-set of males who claim the characteristic of “gender reassignment” are any less likely to commit violent or sexual crimes than any other male? If there is no reliable evidence that can reasonably demonstrate the subset of males, who claim the characteristic of “gender reassignment” pose no greater risk than females pose to each other, then why is this subset of males being permitted to bypass safeguarding protocols? Indeed, long term studies with large sample sizes actually demonstrate males retain male crime patterns even after they have had full genital surgery (Dhejne, et al, 2011). Therefore, it would seem even more likely males who retain their genitals and claim the characteristic of “gender reassignment” pose just as much of a risk of committing violent crimes as any other man. Until there is reliable evidence to the contrary, it is a violation of the basic principles of safeguarding and a violation of the rights of the female sex, to admit a subset of men into female spaces such as changing rooms, toilets etc., if such a male claims the characteristic of “gender reassignment”. Therefore, to ensure the rights of the female sex are upheld the ECHR must ensure the Equality Act makes clear that the subset of males claiming the characteristic of “gender reassignment” must be treated under the same safe guarding protocols as all other males are presently; and ensure they are have the same restrictions to female spaces placed on them as all other born males.
5. Trasvestic Disorder and Autogynephilia: It has long been recognised that males sometimes suffer from what the DSM V calls “transvestic disorder”. From the DSM; “Transvestic disorder occurs in heterosexual (or bisexual) adolescent and adult males (rarely in females) for whom cross-dressing behaviour generates sexual excitement and causes distress and/or impairment without drawing their primary gender into question. It is occasionally accompanied by gender dysphoria” (American Psychiatric Association, 2013, P702-704). And continues “Transvestic disorder in men is often accompanied by autogynephilia (i.e., a male’s paraphilic tendency to be sexually aroused by the thought or image of himself as a woman). Autogynephilic fantasies and behaviours may focus on the idea of exhibiting female physiological functions (e.g., lactation, menstruation), engaging in stereotypically feminine behaviour (e.g., knitting), or possessing female anatomy (e.g., breasts)” (American Psychiatric Association, 2013, P702-704). These men sometimes feel dysphoric about their sex (or at least claim to), and can receive a diagnosis of gender dysphoria; “An individual with transvestic disorder who also has clinically significant gender dysphoria can be given both diagnoses. In many cases of late-onset gender dysphoria in gynephilic natal males, transvestic behaviour with sexual excitement is a precursor” (American Psychiatric Association, 2013, P702-704). Paraphilia’s, such as transvestic disorder and autogynaphilia may not be of harm to females when they are indulged in by a male in private with a willing participant. However, they are harmful to females when these paraphilia’s are moved into the public realm and females are forced to be unwilling or unwitting participates in them. Why has this subset of males “right” to live out their sexual paraphilia in public been codified into law? Why has the right of the female sex to refuse to participate in these men’s sexual paraphilia’s simply been ignored? Allowing males to legally change sex and enter females spaces and groups, has in effect enabled these males to legally force females to participate in their sexual fetish, and override females right to consent. The ECHR needs to make it clear in the Equality Act that females have the right to refuse to be a participant in someone else’s sexual paraphilia. Since there is no conclusive method to determine which males have this paraphilia, the ECHR must make it clear in the Equality Act that those born of the female sex have the legal right to female only groups, spaces etc., that exclude people born male including those claiming the characteristic of “gender reassignment”.
6. Free speech and right to assembly: Many advocates of queer theory including academics, have carried out a targeted campaign to silence feminists and other academics, who raise concerns about the negative impact on the female sex and children, by their advocating of queer theory ideology. For example, recently a male academic has targeted a female academic who disagrees with the queer theory ideology on sex and gender (Bannerman, 2018). Feminists who have tried to meet to discuss their concerns about their rights, have also been targeted by those who are proponents of the ideology of queer theory, particularly if they challenge the view that males can become females. Indeed, these followers of queer theory (who belief in the ideology of that individuals can change sex) have issued bomb threats to venues hosting feminist meetings, mobbed a woman on a picket line because she attended a feminist meeting, got venues hosting meetings cancelled, intimidated women attending meetings by dressing in masks and blocking a stairwell and used violence against a woman at Speakers corner (Oxburgh, 2018; A Womans Place UK, 2018; Gilligan, 2018; Ally Missandry, 2018; Izakson, 2017). The social media company Twitter has also been banning feminists who express their concerns about queer theory, particularly if they express disagreement with queer theory’s interpretation of what sex and gender mean (BBC, 2018). This demonstrates how the females sex, and feminists in particular, are being silenced if they publicly challenge the ideology of queer theory, and point out why they think the ideology is harmful to the rights of the female sex. The ECHR in order to uphold the rights of those born the female sex, must ensure the Equality Act is explicit that people born of the female sex have the right to publicly organise around whatever issue they think impacts them, that if feminists think elements of the ideology of queer theory (or any ideology) is harmful to the female sex they have a right to publicly voice those views. It must be explicitly clear in the Equality Act that feminists can reject queer theory’s ideology on gender, sex, prostitution, “kinks”, pornography etc., that it is not “hate speech” for feminist’s to view queer theory’s take on these issues as harmful to those born female.
7. Definition of the female sex; girls and women in law: It is clear the reason the rights of people born the female sex are being violated presently, is due the 2004 GRA and the characteristic of “gender reassignment” in the Equality Act being enacted. Indeed, these laws are founded on anti-science and a denial of the material reality that biological sex is unchangeable. Indeed, these two laws are based on an the completely unscientific ideology of queer theory and postmodernism; which maintains that if one feels or believes they are the opposite sex, then they should be permitted to legally become the opposite sex in law and policy. Those that subscribe to the ideology of queer theory usually maintain, that redefining the categories of things to include their opposites, is progress that will lead to less discrimination for everyone. However, as has been discussed above that has proven not to be the case, it is now apparent that what happens in reality when we allow people born male to enter the legal category of those born female, people born females loose rights and protections, while those born males (who join the legal category of female) gain more rights than males who do not try to move into the female legal category. In order to uphold the rights of people born the female sex the law must define sex as the biological difference between males (boys/men) and a female (girls/women) which is observed (not assigned) at birth. The legal definition of sex must not use circler definitions, such as anyone who “feels”, “believes”, or “identifies” as a female (girl/woman) or a male (boy/man) is one. Instead it must be based on biological sex one is born and reflect the reality that it cannot be changed. This must happen in order for people born of the female sex (girls/women) to have adequate rights under the law and in any policies that affect those born the female sex.
October 2018
References
Ally Missandry, (2018), “Julie Bindel confronts trans MRAs at the We Need To Talk About Sex”, Youtube, [online] Available at: https://www.youtube.com/watch?v=sBll45tSKzc
American Psychiatric Association, (2013), Diagnostic and statistical manual of mental disorders (5th ed.). Arlington, VA: American Psychiatric Publishing.
Bannerman, L. (2018), “Trans Goldsmiths lecturer Natacha Kennedy behind smear campaign against academics”, The Times September 8 2018 [Newspaper] Available at:https://www.thetimes.co.uk/article/trans-goldsmiths-lecturer-natacha-kennedy-behind-smear-campaign-against-academics-f2zqbl222 (Accessed 4th October 2018).
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DOMESTIC AND SEXUAL
VIOLENCE SERVICES
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