A biological definition of what is a woman could end “confusion” over access to single sex spaces, the human rights watchdog has declared.
Equalities Minister Kemi Badenoch is considering an overhaul of the Equality Act to create a legal distinction between people who were born as women and those who have switched genders to become females.
In what critics could claim is another front on the “culture wars” dividing the country, the former Tory leadership hopeful could act to stop trans women being allowed into single-sex spaces such as women-only hospital wards.
It could also block them from competing against "biological" women in sport, amid warnings of added dangers and unfairness because of physical differences.
In a letter to Mrs Badenoch, Equality and Human Rights Commission chairwoman Baroness Kishwer Falkner said: "A biological definition of sex would make it simpler to make a women's only ward a space for biological women.”
According to latest census data, about 0.5% of adults - about 262,000 people - identify as trans.
But only about 7,000 of them hold a gender recognition certificate.
Writing in today’s Times, crossbencher peer Lady Falkner says: “We do not think there is any need for conflict between women's rights and the rights of trans people.
“But we think there is ambiguity and confusion about what the act means for both groups.
“That helps nobody, because people must be able to know their rights. It also hinders clear and constructive discussion of these important matters.”
She reveals the body has “recommended to the Government that it considers adopting a biological definition of sex in the Equality Act”.
She claims it “could bring clarity in eight different areas: pregnancy and maternity; freedom of association for lesbians and gay men; freedom of association for women and men; positive action (eg, women-only shortlists); occupational requirements; single sex services; sport; and data collection”.
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