On December 23rd we sent this advice to every local body councillor and public pool facility in the country, that's around 800 people.
We're interested in practical solutions to preserve single sex spaces and we're happy to have the necessary discussions.
Speak Up for Women (SUFW) is an advocacy group seeking to ensure sex-based rights for women and girls in New Zealand.
We are concerned that women are not being considered appropriately when it comes to single sex facilities. Our needs are being ignored by some decision makers.
Our Human Rights Act s46 allows for the "provision of separate facilities or services for each sex on the ground of public decency or public safety". When in a state of undress anywhere, but particularly in a place used by other members of the public, privacy and safety are important considerations.
Many women will self-exclude if there are not appropriate, male-free changing facilities at swimming pools and gyms.
We have been in communication with various Councils in New Zealand regarding changing room access at public swimming pools.
The information and feedback we have received indicates:
A general willingness to provide spaces for women that are free from men (and presumably vice versa). This isn't often the reality, though.
A fair amount of confusion and conflicting information regarding the legal situation when it comes to excluding people from a space on the basis of their sex. (i.e. does it include gender identity?)
A lack of options for accommodating people who don't wish to use the facilities that match their sex.
So we have come up with some options that we would like Councils to consider adopting across their facilities.
The options can help to ensure the following:
Everyone has somewhere safe to change and shower.
Everyone is treated with respect and dignity.
These options stem from a recent visit to the Wānaka Recreation Centre - so if you're
involved with Queenstown Lakes District Council, thanks for your work so far.
Universal Changing Rooms
Universal Changing Rooms are Family or Accessible facilities with a twist.
We propose providing more of these facilities and clearly signposting them for people who are "all genders" (don't consider they fit the sex binary), as well as traditional users.
Whether or not they are also for disabled clients will depend on your existing set-up and patronage. You may need a combination of both types.
The labelling makes it clear who they are for and sets the expectation for existing family users that they are for others, too.
They work in conjunction with the Female and Male signs below.
The Female and Male facilities have a message for people who believe they have a gender that does not match their sex, it makes it clear that the facility has considered their needs and provided somewhere for them.
It sends the same message to people who do not want to share a changing facility with members of the opposite sex - their needs have been considered and respected.
Why the Confusion?
We believe that much of the confusion relating to single sex spaces, and whether or not trans-identifying people can use facilities that don't match their sex, comes from guidance given by the Human Rights Commission (HRC).
Up until July 2023 the HRC did not make it clear that their (then) position on gender and gender identity being included in the Human Rights Act under sex, was untested in court and was merely the result of a legal opinion, not a law change.
In July 2023 the HRC added a disclaimer at the start of their FAQ section, unfortunately it is not seen by users unless they read the FAQs from the top.
Examples below: (the website is here)
This is not accurate advice, our Human Rights Act does not mention gender or gender identity or transgender people, the protection it gives is only on the basis of sex, an immutable characteristic.
We do agree that people should not be discriminated against for being transgender, but this does not mean they should have access to facilities designated for the opposite sex. It means they should be provided for in your facility, that your facility should be accessible to them - and we believe the options above meet this goal.
Speak Up for Women has an excellent guide to the Human Rights Act and single sex spaces, you can find it by clicking the button below.
If you would like more information or you would like to talk to us, please get in touch, the easiest way is to reply to this email.
Many thanks,
Suzanne Levy and Tania Sturt
Speak Up for Women
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