{"id":785,"date":"2025-05-24T10:14:43","date_gmt":"2025-05-24T10:14:43","guid":{"rendered":"https:\/\/blog.equalityanddiversity.co.uk\/?p=785"},"modified":"2025-05-24T10:14:43","modified_gmt":"2025-05-24T10:14:43","slug":"when-exclusion-is-disguised-as-a-solution-toilets-intersectionality-and-the-cost-of-poor-practice","status":"publish","type":"post","link":"https:\/\/blog.equalityanddiversity.co.uk\/index.php\/2025\/05\/24\/when-exclusion-is-disguised-as-a-solution-toilets-intersectionality-and-the-cost-of-poor-practice\/","title":{"rendered":"When Exclusion is Disguised as a Solution: Toilets, Intersectionality, and the Cost of Poor Practice"},"content":{"rendered":"\n

The right to access a toilet, a basic, human, everyday necessity, has become a site of tension, exclusion, and harm for some of the most marginalised communities in the UK.<\/p>\n\n\n\n

In the wake of the recent Supreme Court ruling defining sex as biological in certain aspects of the Equality Act, and the Equality and Human Rights Commission\u2019s (EHRC) interim guidance, many trans people are finding themselves locked out of safe spaces.<\/p>\n\n\n\n

Alarmingly, some policymakers and employers are suggesting that disabled toilets be used as a workaround.<\/p>\n\n\n\n

This is not a solution. It is a symptom of a deeper issue: systemic exclusion and a failure to understand intersectionality<\/strong>.<\/p>\n\n\n\n

Exclusion Disguised as Inclusion<\/strong><\/p>\n\n\n\n

The EHRC\u2019s advice, which implies trans people should not use toilets aligned with their gender identity and instead use \u201cthird spaces\u201d or disabled facilities, is being hailed by some as a compromise. But in reality, it places two already marginalised groups trans people and disabled people in direct conflict over inadequate infrastructure.<\/p>\n\n\n\n

Disabled campaigners like Michaela Hollywood and organisations like Inclusion London have voiced deep concern and solidarity. Their message is clear:<\/p>\n\n\n\n

\u201cthis is not about toilets; this is about dignity, safety, and the right to public life<\/strong>.\u201d<\/p>\n\n\n\n

Accessible toilets are not gender-neutral alternatives. They are necessities for those who need hoists, adult changing benches, space for carers, or access to medical supplies.<\/p>\n\n\n\n

They are often out of order, locked, or poorly maintained. And now, they are being weaponised against another marginalised group.
<\/strong><\/p>\n\n\n\n

Intersectionality Ignored Is Injustice Multiplied<\/strong><\/p>\n\n\n\n

One in three LGBT+ people is also disabled. These are not separate issues; they intersect.<\/p>\n\n\n\n

Yet current discourse and policy ignore the realities of people who live at these intersections. It pits communities against each other in a fight for access, instead of addressing the structural neglect that underpins both their experiences: poor planning, underfunded services, and a lack of inclusive design<\/strong>.<\/p>\n\n\n\n

Disabled women have long been excluded from public life due to inaccessible facilities. Now, trans people are being told to use those same spaces despite also being routinely harassed, misgendered, or denied access altogether.<\/p>\n\n\n\n

The EHRC\u2019s advice, rather than protecting rights, has created what Ju Gosling rightly called \u201ca charter for people to bully you.\u201d<\/em><\/strong><\/p>\n\n\n\n

What Does Poor Practice Look Like?<\/strong><\/p>\n\n\n\n