Equality and Human Rights Commission

New guidance to help public authorities meet their equality duties and human rights obligations in the provision of goods, facilities and services for transgender users is now available. It is relevant for authorities in England, Scotland and Wales. [see note 1]

This ‘how to’ guide is for managers and front line staff of all levels and is illustrated with good practice examples. The guidance will help public authorities to be clear on what they are expected to do to comply with the law and provide their trans service users with the goods, facilities and services to which they are entitled.

Download the guidance

• Provision of goods, facilities and services to trans people - Guidance for public authorities: meeting your equality duties and human rights obligations (PDF)
• Accessible Word version

Further information

Since April 2007, the gender equality duty has required public authorities to have due regard to the need to eliminate discrimination and harassment on grounds of gender reassignment in the fields of employment, and vocational training (including further and higher education) [see note 2]. Since April 2008 this has been extended to the field of goods, facilities and services.

The Human Rights Act 1998 also places obligations on public authorities to take proactive steps to protect and respect fundamental values of fairness, respect, equality, dignity and autonomy for all their service users. Currently there are no prescriptive processes for public authorities to follow in order to demonstrate how they identify potential human rights issues or the steps they are proposing to prevent breaches. Using the processes in the gender equality specific duties are helpful in considering how best to remedy existing human rights infringements and prevent future breaches. In doing so, public authorities should look at the challenges faced by their trans service users and potential users, whether or not they ‘intend to undergo, are undergoing, or have undergone gender reassignment’.

David Darton, the Commission’s lead on Transgender issues said ‘The Commission has identified discrimination and harassment against transsexual and transgender people as one of the four key issues we expect public authorities to be taking action on . In particular, we are hoping that public authorities  will find this guidance helpful while reviewing their Gender Equality Scheme including setting their equality objectives for 2010 to 2013 but also, more generally, when assessing the needs of users and potential users during consultation and involvement exercises or assessing the impact of policies and services’.

By considering in advance how to protect and respect fundamental values of fairness, respect, equality, dignity and autonomy for all service users and ensuring their policies and practices fully consider and respond to the needs of trans people, public authorities have the opportunity to:

• Build trust among the trans community and allow more trans people to feel able to use the services/facilities they provide. 
• Ensure that trans people feel valued as citizens. 
• Achieve better equality outcomes when providing services, goods and facilities to trans users or potential trans users. 
• Set an example in challenging stereotypes to ensure that trans people are treated fairly and with the same respect and dignity as everyone else.

Notes

1. The Gender equality Duty applies to all functions of every public authority.  This includes councils, schools, hospitals and police authorities as well as central government departments.  The definition of a public authority is 'any person who has functions of a public nature’ which is the same approach taken within the Disability Discrimination Act 2005 and the Human Rights Act 1998.  Because this definition is used, the organisations covered by the general duty are not set out in a list.  The gender duty applies directly to certain private or voluntary sector bodies when they are carrying out public functions on behalf of the state.  An example of this is a private company who transports prisoners.   Public bodies are still covered by the duty when services are contracted out to external organisations.  This could include community transport, stationery or catering services.
2. The Equal Opportunities Commission has previously published guidance about how the gender equality duty applies in the area of employment and vocational training. EOC (February 2007) Meeting the Gender Duty for Transsexual Staff.
   See also EHRC guidance entitled A practical guide to revising gender equality schemes published in January 2010.
   Most public authorities will be looking to publish a revised scheme based on the timelines below.
   England: for public authorities that published their scheme on 30 April 2007, the deadline for review and publication is 30 April 2010.
   Scotland: for public authorities that published their scheme on 29 June 2007, the deadline for review and publication is 29 June 2010.
   Wales: public authorities whose public functions are solely in relation to Wales are not subject to the gender specific duties; however, the Commission strongly recommends that you operate as if the specific duties apply to you, in order to ensure that you are meeting the general gender equality duty. The Commission recommends that, as a matter of good practice, you review, revise and publish your new scheme no later than three years after the date you published your first scheme.