CPS scraps guidelines warning parents they could be prosecuted for not agreeing to trans kids' demands
The Crown Prosecution Service has axed guidelines warning parents they could be taken to court for refusing to agree to specific demands from a transgender child.
Previous guidance indicated that a parent could face domestic abuse charges for 'withholding money for transitioning' from their offspring or 'refusing to use their preferred name or pronoun'.
But the revised section on 'Transgender and non-binary identifying victims' has dropped the reference to withholding money.
The Crown Prosecution Service has axed guidelines warning parents they could be taken to court for refusing to agree to specific demands from a transgender child
The CPS said the revisions are 'intended to make as clear as possible how we will apply the law around domestic abuse'
It also states any charges brought for allegedly misgendering a trans person would be on the basis there was 'the intention of causing emotional or psychological distress', adding: 'The public interest of prosecuting a parent in this context would have to be considered.'
The amended guidance also states 'sex refers to biological differences or legal recognition', while 'gender tends to refer to social or cultural differences and the way in which someone perceives themselves'.
Broadly welcoming the move, Claire Lonergan, of Women's Rights Network, said they are 'disappointed that a significant amount of activist language remains'.
The CPS said the revisions are 'intended to make as clear as possible how we will apply the law around domestic abuse'.
By Alex Ward Social Affairs Correspondent
Britain's equalities watchdog has retained its gold-plated status as a human rights organisation – despite facing accusations of being anti-trans.
The Equality and Human Rights Commission (EHRC) will continue to hold ‘A status’ accreditation on the international stage following an investigation prompted by complaints.
It was forced to undergo a special review after dozens of trans activist groups wrote to the Global Alliance of National Human Rights Institutions [Ganhri] umbrella body last year.
They complained that the EHRC’s advice to the Government on the definition of sex had discriminated against trans people. It had called for an overhaul of the law to explicitly define sex as ‘biological sex’ and previously advised trans people could be excluded from single-sex spaces in ‘justifiable and proportionate’ instances.
If stripped of its ‘A status’, the EHRC would have been barred from speaking and voting at the UN Human Rights Council.
Welcoming the decision, EHRC chairwoman Baroness Falkner said: ‘We always believed there were inaccuracies in the submissions made against us. We are pleased... the accreditation committee agree that we continue to meet the highest standards. I can reassure all those we work with, and the British public we serve, that we take great pride in our independence from government.’
She added: ‘But it is important too to maintain our independence from activist organisations wishing to unduly influence our legal opinions and policy.’
The decision was welcomed by women’s rights groups, who called for a end to the ‘misconceived claims of trans activists’. Maya Forstater, chief executive of human-rights charity Sex Matters, said: ‘This surely must end the trans activist lobby’s spiteful campaign to undermine the EHRC. Ganrhi’s decision vindicates both the EHRC and Baroness Falkner’s leadership.’
The EHRC provides the UK with equalities guidance and enforces legislation to protect people against discrimination.
For its part, Ganhri accredits national watchdogs so they can access the UN Human Rights Council as well as other UN bodies. Those that fully comply with the UN’s benchmark Paris Principles to protect human rights are awarded ‘A status’ – while those which only partially comply hold ‘B status’.
Countries to have their ‘A status’ removed include Afghanistan, Myanmar and Niger. Russia only had its ‘A status’ suspended in October 2023.
