by Phoebe Clark
There is a debate gaining traction on the subject of gendered bathrooms in the workplace, school and public spaces such as parks. With the developing theory of gender fluidity, the ability to question identity and an increasing number of transgender people in society, there has been a consequent rise in the question of whether all bathrooms should be gender-neutral. Of course, as with any contentious subject, there are compelling arguments on both sides including those relating to issues such as discrimination, sexual predators and children.
My exposure to this subject reminded me of racially segregated bathrooms, and how people used to see colour as black or white, as opposed to a spectrum, similar to the changing views on gender. Therefore, will future generations see gendered bathrooms in the same way as we see segregated bathrooms, as something that aims to categorise people?
On the website Washware Essentials, they have made a point saying ‘Bathrooms have always been unequal because there are always equal amounts of bathroom’ but, women take more time to go to the bathroom due to many factors including restrictive clothing. They have sanitary needs and women’s bladders are smaller, meaning they have to go more often. Therefore, making all bathrooms accessible to all genders removes this inequality due to factors being uncatered for and allows everyone equal waiting times, as the infamous image, able to be seen anywhere from cafes and restaurants to festivals, of the queue for the ladies’ and gentleman’s bathrooms proves only too well.
However, the UK.Gov website puts forward the fact that women are more likely to feel uncomfortable in a shared-gender space. Some have speculated that it could cause a rise in sexual assault, meaning that if women are given their own bathroom, they are actually protected much further. Also, there is a mini-debate on the presence of children in these shared spaces because, although it would be significantly easier for parents to accompany children of the opposite sex for example, some argue that shared spaces could give child-predators easier access to children which would obviously be a significant problem. Another argument, when thinking about changing areas, is that children should be protected from exposure to adult bodies of the opposite sex, just like they should be on the internet, to protect their self-confidence and comfort in their own skin, especially at such a young age. In turn, they should be protected from being seen by adults of any sex to prevent any opportunities for child-predators, which could become more prevalent in gender-neutral changing areas.
So far, I haven’t addressed the big issue of transgender and gender-neutral people, which is how this debate really found its foundations in the first place. A study done in the US of transgender people said that one in ten respondents said they had been denied access to a bathroom in the last year and have been taunted and threatened for using a bathroom. Therefore, gender-neutral bathrooms would alleviate this issue. Another, and one supported by UK law, is that trans people use the facilities that they feel comfortable with and that is congruent with their gender identity.
Racially segregated bathrooms were abolished in order to create equality, fairness and inclusion for all human life. Surely the abolition of gendered bathrooms would do the same for transgender individuals.
On September 29, 2016, Governor Jerry Brown signed legislation that made California the first state in the US to require all single-occupancy public toilets to be unisex beginning March 1, 2017. I think this is a significant milestone and an initiative that could be emulated in UK law, particularly as the California law appears to have been very successful (and low-cost and simple to do, too).
The British Government says they are calling for a removal of male/female-only spaces and their replacement with gender-neutral bathrooms. The issue of gender-neutral changing places has been subject to a recent government consultation, where gender-neutral provision is encouraged to facilitate carers/partners of a different sex providing assistance. The equality act means that all characteristics, such as sex, age, disability and gendered reassignment are protected and catered for, as opposed to making all bathrooms gendered. Where spaces allow, gender-specific and gender-neutral toilets should be put in place, something I believe society desperately needs, not just for the transgender community, but in working towards an even wider acceptance of gender fluidity and transgender people.
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