History of Women and Hate Crime Law

A gender aggravator to crimes was first mooted in the Draft Criminal Code for Scotland some seventeen years ago. Later the same year Robin Harper MSP lodged an amendment to the Criminal Justice (Scotland) Act 2003 to make provision for offences aggravated by disability, sexual orientation, age and gender. Mr Harper’s amendment was not accepted but did lead to the establishment of a Working Group to further consider what improvements could be made to hate crime legislation.

Members of this Working Group included representatives from Equality Network, Stonewall and Engender. 102 individuals and groups responded to the main consultation (although both Engender and Scottish Women’s Aid withheld their submissions from publication). A Hate Crime Report was published in October 2004 detailing 14 recommendations for the Government – protection for transgender identity was in, along with sexual orientation and disability, but women were out.

The minutes of the meetings of the Working Group seem to be lost to the archives but the final report does indicate that a number of women’s groups called for the characteristic of gender to be added, in opposition to the views of the Scottish Executive’s Violence Against Women Unit:

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Women and the Hate Crime Bill: Nothing about us without us

On Tuesday 24th November For Women Scotland will give evidence to the Scottish Parliament’s Justice Committee on the controversial Hate Crime and Public Order Bill.

In our written submission, we made clear our objection to Part 2 of the bill, which seeks to extend the offence of stirring up hatred, but also our objection to the non-inclusion of ‘sex’ as a protected characteristic.

There have already been three oral evidence sessions and we have been closely monitoring the discussions.

Across the three sessions, there have been a total of 32 witnesses, two thirds of whom were men. The Committee, of course, has limited control over the make-up of the panels, but we note that, once again, women have been outnumbered in discussions about an important aspect of law reform that will impact them.

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Engender AGM

At Engender’s AGM on Saturday, the CEO, Emma Ritch made an interesting comment: “I would like to be clear here that Engender is not funded for a huge amount of engagement and are not presenting our work as advocating on behalf of the members or as representative of women. The colleagues at the Scottish Women’s Convention are funded in this way and we are glad to hear from members but our work is quite technical. I would not want to give the impression that membership privileges certain perspectives above others.”

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Abuse and Women’s Rights

The following was posted as a long thread on our Twitter account 29 June 2020:

The past 24 hours have seen another fab thread from @jk_rowling which, inevitably, resulted in further abuse. However, senior politicians in Scotland have been more focused on promoting a post from Teddy Hope, a non-binary member of @theSNP.

The unverified account from Hope about a meeting which took place several months ago has been countered by members of @WomensPledge who were also present.

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Gender Recognition Reform Bill Consultation – FWS submission

We have submitted our response to the Scottish Government’s consultation on reform of the Gender Recognition Act as follows. A pdf copy can be downloaded here.

Question 1
Do you have any comments on the proposal that applicants must live in their acquired gender for at least 3 months before applying for a GRC?
Yes ✓
No ☐
If yes, please outline these comments
.

There is no clear definition in the consultation paper as to what living in an acquired gender means and the draft Bill removes the current requirement to provide evidence that this criteria has been met. The Gender Recognition Act 2004 defines the “acquired gender” as the gender in which the person is living, which, without a definition of “gender”, is both circular and meaningless. If the law is to be reformed it is essential that this term is clarified, particularly if an applicant is expected to declare under oath, subject to a potential criminal offence, that they meet this requirement.

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Count Women So Women Count

When will you start caring about data? About the importance of sex-disaggregated data? When will you start caring about the way in which we are already replacing data on sex with data on gender identity? When will you realise that it matters? That counting women matters or else they quite literally don’t count.

Maybe you will start caring when the newspapers report that there is an apparent explosion in ‘female’ sexual offending rates. Because it won’t take many transwomen being convicted of sexual offences to double or triple the offending rate.

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Women’s Rights and Academic Freedom – Part 2

On January 21st we published this blog post telling the sorry tale of how the University of Edinburgh is systematically promoting an uncritical acceptance of gender identity ideology, while allowing critical discussion of that ideology to be closed down. We included in that post nine questions we sent to University managers, some of which related to the postponed event on gender diversity in schools, and some of which related to the wider questions about academic freedom raised by the Guardian article on 14/01/20.

At the end of last week we received an answer from Gavin Douglas, Deputy Secretary of the University. His email, which would appear to be a circular one since we know others have received identical mails, answered none of the nine questions we’d asked. Nor did it indicate that university management have any interest in dealing with the problems documented in our last blog post.

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Women’s Rights and Academic Freedom

According to the tenets of gender identity ideology, every individual has an inner gendered self which manifests as gender identity (a sense of maleness or femaleness) – and this gender identity is the only accurate way of categorising an individual as a man, a woman, both or neither. Under this ideology, biological sex is reduced to a social construction and only gender identity is real. Such a way of thinking clearly has major implications for women’s rights which have been won on the basis of sex, and for the education and safeguarding of children.

You might think that universities are the very places where ideologies with far-reaching consequences can be critically examined, where arguments and counter-arguments based on evidence can be advanced, and where respectful discussion about ways forward in fields like law, criminal justice, health, education and social work can take place. But you would be wrong.

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