Scottish schools told to base toilet policies on 'sex at birth'

"State schools in Scotland have been pushed to create toilet policies based on "biological sex", under updated guidance from Holyrood. New recommendations issued by the Scottish government on Monday (29 September) called for all schools to have separate facilities, including toilets and changing rooms, for boys and girls "on the basis of biological sex". For the purposes of the guidance, the term "biological sex" referred to "sex recorded at birth", and schools will also be "required to provide accessible facilities for young people with a disability"."

"The Equality and Human Rights Commission used the ruling to update its guidance on single-sex service provisions, which are expected to exclude trans people from gendered facilities consistent with their gender identity. Holyrood's new guidance will allow education authorities to introduce gender-neutral provisions where necessary and went on to suggest: "In reaching a proposed approach, schools should also consider the impact of any increased use of accessible facilities to ensure that all pupils who require to use them are able to do so.""

"Gilruth told BBC Scotland that the Supreme Court ruling was "very clear" but refused to comment on whether trans women would be banned from single-sex facilities. However, some lawyers have questioned the validity of policies excluding trans people from single-sex facilities based on the court's verdict. Earlier this month, non-binary barrister Oscar Davies told PinkNews that the judgement did not give organisations or institutions the right to discriminate against transgender men and women."

Scottish government guidance requires state schools to provide separate toilets and changing rooms for boys and girls on the basis of biological sex defined as sex recorded at birth. Schools must also provide accessible facilities for young people with disabilities. The Equality and Human Rights Commission updated its guidance after a UK Supreme Court ruling, and Holyrood allows education authorities to introduce gender-neutral provisions where necessary. Education secretary Jenny Gilruth described the ruling as clear but did not state whether trans women would be barred from single-sex facilities. Some lawyers dispute that the ruling permits exclusion or discrimination against transgender people.

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