TRANSGENDER RIGHTS POLICY

UPDATED: 22/02/2021 REVIEWED: 08/10/2022

This policy sets out our approach in relation to trans rights in both employment and service provision issues, to provide clarification for staff, service users, stakeholders and funders.

CWJ’s mission

CWJ’s mission is to hold the state to account and challenge discrimination in the criminal justice system around male violence against women and girls. As an organisation we seek to take on a small number of strategic litigation cases in order to improve the human rights of women and girls.

CWJ’s equality and diversity policy

Given CWJ’s commitment to tackling the discrimination experienced by women and girls in the criminal justice system, we have adopted a robust equality and diversity policy. We are also committed to developing specific policies in relation to discrimination on the grounds of disability, sexual orientation and with the aim of strengthening our anti-racist approach.

This policy is part of and should be read with our Equality and Diversity policy which covers all relevant areas of discrimination including but not limited to all the protected characteristics as defined in the Equality Act 2010.

Transgender discrimination

We recognise that transwomen are discriminated against on account of sex and gender stereotyping. Both transwomen and transmen are also subject to discrimination, violence, and hate crime on account of their transgender status. In our specialist field of work, we are aware of the double discrimination transwomen and transmen may face when they report male violence to the police or seek to take a case to court.

CWJ is committed to treating transgender people respectfully and empathetically within our services and through referral to partner agencies. As an organisation that litigates on such issues and works with frontline agencies to increase access to justice for service users, we have and will assist transwomen and transmen to obtain justice and challenge discrimination. We will continue to be responsive to the needs of trans people, subject as with all areas of our work to availability of resources and expertise.

CWJ is committed to avoiding discrimination in its dealings with clients and potential clients, other solicitors, barristers and third parties, and in relation to all current management personnel and employees, as well as applicants for positions within the Centre and all related recruitment activity, along with internal promotions and training opportunities. The Centre is committed to promoting equality and diversity in all aspects of its operations including client service.

Any breach of this policy and/or the Centre’s Equality and Diversity policy is likely to be regarded as a serious disciplinary offence. An outline of the procedure for making a complaint about a breach of the policy, and the Centre’s practices for handling such complaints, are set out within the Equality and Diversity Policy and the Complaints Handling Policy.

Single-sex exemption

The Equality Act 2010 includes a series of schedules dealing with the applicability of the single-sex exemption. The exemptions allow for the provision of single-sex women’s services. The exemption enables case-by-case decisions to be made in relation to the access of transgender individuals to women specific spaces. The single-sex exemption does not apply to any of the services or work CWJ undertakes, however, we recognise that it is relevant to many of the frontline service providers with whom we work in partnership. We have on occasion been asked to advise organisations with whom we work about the applicability of the single-sex exemption to a service they provide. We ensure all advice is entirely in accordance with the provisions of the Equality Act 2010.