This document provides information and arguments to support women-only spaces and services. It discusses why such spaces are important, citing the need to eliminate discrimination and advance equality. It also outlines the legal basis for positive action and women-only services under the Equality Act of 2010, public law, the Compact, and international agreements like CEDAW. Public bodies are required to consider gender impacts, collect relevant data, and make rational, evidence-based decisions that do not ignore important information when deciding whether to fund or provide single-sex services.

1. No excuse for abuse- Cornwall
Promoting and defending
Women-Only Spaces
Brenda Weston – Policy and Research

2. Introductions
• Name
• Organisation (if relevant)
• What would you like to get from the
workshop?

3. Why women only spaces?
• Find a partner to work with
• Agree and note arguments for
women-only spaces/services (5 mins)
• Feedback key points (10 mins)

4. What support is there for these
arguments?
• Equality Act 2010
– Public Sector Equality Duty
– Positive Action
• Public Law
• The Compact (local/national)
• CEDAW

5. Public Sector Equality Duty
“… requires public bodies, and others who
exercise public functions, to have due regard to
the need to



eliminate unlawful discrimination, harassment and
victimisation;
advance equality of opportunity; and
foster good relations between people who share a
protected characteristic and those who do not share
it.”
http://www.equalityhumanrights.com/advice-and-guidance/public-sectorduties/thenew-public-sector-equality-duty/)

6. ‘Due regard’ and Equality data
Under the requirements of the general duty to have ‘due
regard’ to the matters set out in the Act
• “public bodies will need to understand the effect
of their policies and practices on equality…
• this will involve looking at evidence, engaging
with … staff, service users and others and…
• considering the effect of what they do on the
whole community”.
(Quoted from: Equality Act 2010: The public sector Equality Duty: reducing
bureaucracy)

7. Positive Action provisions
• Positive action is lawful under the Equality Act (positive
discrimination is not)
• The Equality Act does not mean that both sexes should
be treated the same
• Single-sex services are permitted where evidence is that
it is needed
• Case law: in certain contexts it is still legal and
appropriate for public authorities to fund (and provide)
women-only services
• Positive action is discretionary – not mandatory

8. Public Law
In summary, public bodies must
• Act lawfully
• Act fairly
and
• Decisions must not be perverse or irrational e.g.
– Should not be based on irrelevant information or
ignore relevant information
– Decisions that ‘flew in the face of the evidence’ have
been found by courts to be irrational

9. CEDAW
• United Nations – aka ‘Women’s International Bill of
Human Rights’
• Places obligations on UK gov and all public bodies to
fully implement it to achieve equality between women
and men – includes positive action
• Policies, services, strategies and initiatives must
recognise and respond effectively to the different needs
of women and men – can include women-only services
• Convention is legally binding under international law

10. For full guidance...
women-only services:
making the case
A guide for women’s organisations
http://www.wrc.org.uk/includes/documents/cm_docs/2011/m/m
aking_the_case_for_women_only_july_2011.pdf