SAU Statement on the EHRC proposed Code of Practice

The Scottish Artists Union is deeply concerned about the UK Equality and Human Rights Commission's proposed Code of Practice; because of the appalling permissions that it outlines for implementation of segregation and exclusion of trans people from public life. This is a blatant removal of Human Rights.  

The legitimisation of exclusion, segregation and unequal treatment of trans people in public spaces, public services and community spaces means that artists workplace rights are affected too - because artists work in these spaces. Discrimination, bullying, and harassment are Health & Safety issues. Stress from exclusion or fear can lead to serious physical risk—especially in the arts, where many work alone or in hazardous environments. SAU is also very concerned about the implications for the freedom and confidence to access healthcare; if a trans person is afraid to go to a medical clinic or hospital when unwell, this can literally be a matter of life and death. At a time when trans people are already facing increasing hostility and uncertainty, the EHRC proposed Code of Practice creates further barriers to participation, safety and belonging in society – this is unacceptable.

As a Trade Union, SAU believes everyone deserves dignity, respect and equal access to work, and the right to take part in culture and public life. It is clear that the proposed guidance moves us further away from those principles rather than towards them. We share the concerns raised by the Scottish TUC LGBT+ Workers' Committee that the proposed EHRC Code of Practice guidance is "discriminatory and unworkable." https://www.stuc.org.uk/news/news/statement-from-the-stuc-lgbt-committee-on-the-ehrc-guidance/

Scottish Artists Union stands with trans and non-binary artists and cultural workers. We recognise that in the current climate many trans people are shouldering a constant sense of dread, and feeling frightened, exhausted, angry or isolated. Trans and non-binary artists and cultural workers are valued members of our Trade Union who are making a significant contribution to the fight for better working conditions for all artists and cultural workers. SAU is committed to challenging discrimination and striving for an arts sector where everyone can participate safely and with dignity.

The negative impacts of the proposed EHRC Code of Practice will affect everyone. Most people have at least 10 people in their lives who care about them, and trans people are no different. When trans people are under threat, stressed and worried this means that friends, family, colleagues and neighbours of trans people are also concerned. This will be a significant percentage of the population, and numbers are likely to be much higher in the arts sector. In addition, as we have seen in some right-wing states in the USA, gender policing of toilets & changing rooms has also caused harm to non-trans women and girls who do not conform to narrow stereotypes of feminine gender expression. You will know people in your life who are negatively affected by the proposed EHRC Code of Practice. This is already impacting families, workplaces, and all kinds of communities.  

Be bold about Trans Inclusion - An injury to one is an injury to all!

At a time when most trans people are feeling worried about the future of their daily lives, we encourage all SAU members to stand in solidarity with trans and non-binary people. Check in with yourfriends, family members, colleagues and your fellow SAU members. Challenge prejudice and misinformation when you encounter it, and speak up for trans inclusion, dignity, and equality in your workplaces and communities. Please also write to your MPs and MSPs and local Councillors to ask them to stand up for trans and non-binary people.

Time sensitive - Please ask your MP to support the EDM 240 Motion! Nadia Whittome MP has tabled a Motion (EDM 240) to disapprove of the EHRC Code of Practice (the Motion has already receivedcross-party support). TransActual has developed an easy-to-use email template for you to contact your MP, see link. 

We encourage SAU members and allies to take action to learn more about the implications of the EHRC proposed Code of Practice. Scottish Trans has published information, analysis and resources on the Code of Practice, including tools to help people contact their MPs and advocate for trans rights, including the recent Joint Letter to the Prime Minister on the Code of Practice

We also recommend following the updates from the Good Law Project to gain more insights into the legal assessments of the EHRC proposed Code of Practice, and other legal challenges standing up for trans peoples’ Human Rights in the UK. https://goodlawproject.org/the-code-of-practice-what-you-need-to-know/

If you are an SAU member and have experienced discrimination, harassment or exclusion because of being trans or/and non-binary, please contact the SAU Rep Team.

As part of our ongoing commitment to intersectional anti-oppression and equality, SAU has recently completed a project which resulted in the development of an Anti-Oppression in the Arts Learning Resource. In this Learning Resource there is a chapter on "Trans Inclusion Matters: Looking at Some Obstacles the Trans People Face in Arts Sector Workplaces". If you would like to receive a digital copy, please get in touch by emailing campaigns@artistsunion.scot