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UK Supreme Court rules definition of ‘woman’ based on sex at birth and not by transgender

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The UK supreme court has ruled that the terms “woman” and “sex” in the Equality Act refer to a biological woman and biological sex, in a victory for gender-critical campaigners.

Five judges from the UK supreme court ruled unanimously that the legal definition of a woman in the Equality Act 2010 did not include transgender women who hold gender recognition certificates (GRCs).

In a significant defeat for the Scottish government, the court decision will mean that transgender women can no longer sit on public boards in places set aside for women.

It could have far wider ramifications by leading to much greater restrictions on the rights of transgender women to use services and spaces reserved for women, and prompt calls for the UK’s laws on gender recognition to be rewritten.

The UK government said the ruling “brings clarity and confidence” for women and those who run hospitals, sports clubs and women’s refuges.

A spokesperson said: “We have always supported the protection of single sex spaces based on biological sex. Single-sex spaces are protected in law and will always be protected by this government.”

John Swinney, Scotland’s first minister, posted on social media: “The Scottish government accepts today’s supreme court judgment. The ruling gives clarity between two relevant pieces of legislation passed at Westminster.

We will now engage on the implications of the ruling. Protecting the rights of all will underpin our actions.”

Lord Hodge told the court the Equality Act (EA) was very clear that its provisions dealt with biological sex at birth, and not with a person’s acquired gender, regardless of whether they held a gender recognition certificate.

That affected policymaking on gender in sports and the armed services, hospitals, as well as women-only charities, and access to changing rooms and women-only spaces, he said.

In a verbal summary of the decision, he said: “Interpreting sex as certificated sex would cut across the definitions of man and woman in the EA and thus the protected characteristic of sex in an incoherent way.

It would create heterogeneous groupings.

“As a matter of ordinary language, the provisions relating to sex discrimination, and especially those relating to pregnancy and maternity and to protection from risks specifically affecting women, can only be interpreted as referring to biological sex.”

Trans rights campaigners urged trans people and their supporters to remain calm about the decision.

The campaign group Scottish Trans said: “We are really shocked by today’s supreme court decision, which reverses 20 years of understanding of how the law recognises trans men and women with gender recognition certificates.

“We will continue working for a world in which trans people can get on with their lives with privacy, dignity and safety. That is something we all deserve.

”Ellie Gomersall, a trans woman in the Scottish Green party, called on the UK government to change the law to entrench full equality for trans people.

Gomersall said: “I’m gutted to see this judgment from the supreme court, which ends 20 years of understanding that transgender people with a gender recognition certificate are able to be, for almost all intents and purposes, recognised legally as our true genders.

“These protections were put in place in 2004 following a ruling by the European court of human rights, meaning today’s ruling undermines the vital human rights of my community to dignity, safety and the right to be respected for who we are.”

The gender critical campaign group For Women Scotland, which is backed financially by JK Rowling, said the Equality Act’s definition of a woman was limited to people born biologically female.

Maya Forstater, a gender critical activist who helped set up the campaign group Sex Matters, which took part in the supreme court case by supporting For Women Scotland, said the decision was correct.

“We are delighted that the supreme court has accepted the arguments of For Women Scotland and rejected the position of the Scottish government.

The court has given us the right answer: the protected characteristic of sex – male and female – refers to reality, not to paperwork.”

Hodge, the deputy president of the court, said it believed the position taken by the Scottish government and the Equality and Human Rights Commission that people with gender recognition certificates did qualify as women, while those without did not, created “two sub-groups”.

This would confuse any organisations they were involved with. A public body could not know whether a trans woman did or did not have that certificate because the information was private and confidential.

And allowing trans women the same legal status as biological women could also affect spaces and services designed specifically for lesbians, who had also suffered historical discrimination and abuse.

In part of the ruling that could have sweeping implications for policymakers in the sports world and sports centres, he said some services and places could “function properly only if sex is interpreted as biological sex”.

“Those provisions include separate spaces and single-sex services, including changing rooms, hostels, medical services, communal accommodation, [and] arise in the operation of provisions relating to single-sex characteristic associations and charities, women’s fair participation in sport, the operation of the public sector equality duty and the armed forces.”

Hodge urged people not to see the decision “as a triumph of one or more groups in our society at the expense of another”.

He said all transgender people had clear legal protections under the 2010 act against discrimination and harassment.

Kishwer Falkner, the chair of the Equality and Human Rights Commission, which had intervened in the case to support the Scottish government’s stance, said it would need time to fully interpret the ruling’s implications.

However, the commission was pleased it had dealt with its concerns about the lack of clarity around single-sex and lesbian-only spaces.

“We are pleased that this judgment addresses several of the difficulties we highlighted in our submission to the court, including the challenges faced by those seeking to maintain single-sex spaces, and the rights of same-sex attracted persons to form associations.”

International

Afghan fathers forced to selling children to survive

Abdul tells us he is willing to sell his girls for marriage, or for domestic work. “If I sell one daughter, I could feed the rest of my children for at least four years,” he says.

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Image credit : BBC

This article contains distressing details . In Afghanistan today, a staggering three in four people cannot meet their basic needs, according to the UN. Unemployment is rife, healthcare struggling and the aid that once provided the basics for millions has dwindled to a fraction of what it once was.

The country is now facing record levels of hunger, with 4.7 million – more than a tenth of Afghanistan’s population – estimated to be one step away from famine.

BBC reported that as dawn breaks, hundreds of men gather at a dusty square in Chaghcharan, the capital of Ghor province in Afghanistan.

They line the roadside hoping someone will come along offering any work. It will determine whether their families eat that day.

The likelihood of success, however, is low.Juma Khan, 45, has found just three days of work in the past six weeks that paid between 150 to 200 Afghani ($2.35-$3.13; £1.76-£2.34) per day.

“My children went to bed hungry three nights in a row. My wife was crying, so were my children. So I begged a neighbour for some money to buy flour,” he says.

“I live in fear that my children will die of hunger.”

His story is in no way unique.

Ghor is one of the worst-affected provinces.

The men here are desperate.

“I got a call saying my children hadn’t eaten for two days,” says Rabani, his voice choking up.

“I felt like I should kill myself. But then I thought how will that help my family? So here I am looking for work.”

Khwaja Ahmad barely gets out a few words before he starts sobbing.

“We are starving. My older children died, so I need to work to feed my family. But I’m old, so no one wants to give me work,” he says.

When a local bakery near the square opens up, the owner distributes stale bread among the crowd.

Within seconds, the loaves have been pulled apart, half a dozen men clutching onto precious pieces.

Suddenly another scrum occurs.

A man on a motorcycle comes by wanting to hire one labourer to carry bricks. Dozens of men throw themselves at him.

In the two hours we were there, only three men got hired.

In the communities nearby – bare homes scattered over barren, brown hills, set against the snowy peaks of the Siah Koh mountain range – the devastating impact of unemployment is clear.

Abdul Rashid Azimi takes us into his home and brings out two of his children – seven-year-old twins Roqia and Rohila.

He holds them close, eager to explain why he’s making unbearable choices.

“I’m willing to sell my daughters,” he weeps. “I’m poor, in debt and helpless.

“I come home from work with parched lips, hungry, thirsty, distressed and confused. My children come to me saying ‘Baba, give us some bread’. But what can I give? Where is the work?”

Abdul tells us he is willing to sell his girls for marriage, or for domestic work. “If I sell one daughter, I could feed the rest of my children for at least four years,” he says.

He hugs Rohila, kissing her as he cries. “It breaks my heart, but it’s the only way.”

“All we have to eat is bread and hot water, not even tea,” says their mother, Kayhan.

Two of her teenage sons work polishing shoes in the town centre. Another collects rubbish, which Kayhan uses as fuel for cooking.

Saeed Ahmad tells us he has already been forced to sell his five-year-old daughter, Shaiqa, after she got appendicitis and a cyst in her liver.

“I had no money to pay the medical expenses. So I sold my daughter to a relative,” he says.

Shaiqa’s surgery was successful. The money for it came from the 200,000 Afghani ($3,200/£2,400) she has been sold for.

“If I had taken the whole sum at that time, he would have taken her away.

So I told him just give me enough for her treatment now, and in the next five years you can give me the rest after which you can take her,” explains Saeed.

She puts her tiny arms around his neck. Their close bond is evident, but in five years, she will have to leave and go to the relative’s home.

“If I had money, I would never have taken this decision,” Saeed says.

“But then I thought, what if she dies without the surgery? This way at least she will be alive.”

(Source: BBC)

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International

Kenyan transport operators suspend strike for one-week to allow talks

Federation of Public Transport Sector CEO Kushian Muchiri welcomed the development, saying negotiations had begun in earnest, though he noted that earlier engagement could have prevented the disruption.

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Photo: Interior Cabinet Secretary Kipchumba Murkomen.

Kenyan transport operators (Matatu) on Tuesday suspended their ongoing strike for one week to allow high-level consultations between government and transport sector stakeholders aimed at resolving the dispute over fuel prices and related concerns.

The Star reported the Interior Cabinet Secretary Kipchumba Murkomen to have said that the decision followed agreement on the need for urgent dialogue to address the grievances raised by operators.

“There was need for negotiations with the stakeholders at a high level and they will take place within the next one week,” Murkomen said.

He added that the suspension of the strike was necessary to create room for consultations and reduce further disruption to transport and economic activities.

“The strike to be suspended for one week to provide an avenue for consultations,” he said.

The suspension comes after days of transport disruptions linked to protests and industrial action over rising fuel prices, which had left many commuters stranded and forced others to walk long distances.

Federation of Public Transport Sector CEO Kushian Muchiri welcomed the development, saying negotiations had begun in earnest, though he noted that earlier engagement could have prevented the disruption.

“As much as we would have been happy, we are also glad that at least negotiations have started in earnest,” Muchiri said.

He added: “Had we been taken seriously on Friday we would not be here. On behalf of the transport sector, mine is to urge all our members to resume operations immediately so that we can assist our customers.”

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Kenyans protest fuel price hikes, four dead, 30 injured

On Monday morning, roads into the capital Nairobi were blocked by striking transport operators and scattered groups of protesters.

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AFP via Getty Images

Thousands of Kenyan commuters have been stranded and businesses paralysed as public transport operators went on a nationwide strike to protest against recent increases in the cost of fuel prompted by the Iran war.

The Transport Sector Alliance said on Sunday that vehicles affiliated with its member associations would stop operating from midnight in protest, while police said they would act to tackle any disruptions.

“We lost four Kenyans ⁠in today’s violence, which also saw more than 30 people injured,” Interior Minister Kipchumba Murkomen told a televised press conference.

Kenya’s Energy and Petroleum Regulatory Authority last week raised retail fuel prices by as much as 23.5% – after hiking them by 24.2% last month – as the conflict in the Middle East squeezed global oil and gas supplies.

On Monday morning, roads into the capital Nairobi were blocked by striking transport operators and scattered groups of protesters.

Key roads in the capital Nairobi remained largely empty, forcing some commuters to walk to work, with other parts of the country also affected by the transport crisis.

Some businesses in Nairobi remained shut and schools asked students to stay at home.

Protesters have been blocked roads and lighting burning barricades. More than 200 have been arrested, police say.

The strike comes days after the authorities raised petroleum prices to record levels, with costs increasing by more than 20%.

Police fired tear gas in some areas while some protesters lit tyres ​to cut access to key roads, worsening congestion and leaving many commuters stranded.

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