EHRC trans guidance marks major setback for human rights
The Scottish Greens have condemned the Equality and Human Rights Commission's Code of Practice on trans people accessing public spaces and services, which comes into force today.
The guidance comes as hostility towards trans people continues to rise. Figures from the Crown Office and Procurator Fiscal Service show there were 104 hate crime charges where transgender identity was an aggravator in 2025–26 — a 21% increase on the previous year and the highest total since records began in 2010.
The party’s equalities spokesperson, Kate Nevens MSP, said:
“This is a major setback for human rights and a day that many trans people, and those who love them, have been dreading.
"The new guidance will shut trans people out of spaces and services they have used safely for years. It sends a message that they are less welcome in public life and forces them to weigh up the risk of humiliation or confrontation every time they leave the house.
“This comes at a time when hate crimes are rising and many trans people already feel increasingly vulnerable simply because of who they are.
"The damage won't stop there. This guidance invites suspicion, confrontation and intrusive questioning of anyone who doesn't conform to narrow ideas of how people should look.
"Businesses, employers and public bodies are being asked to implement rules that are unfair, unworkable and costly, and that will leave people less safe.
"The Scottish Government must now provide clear leadership and set out how public bodies and organisations can uphold everyone's rights, dignity and safety.
"The Scottish Greens will continue to stand with trans and non-binary people and defend their rights today, tomorrow and always."