The NHS has announced changes to its constitution, affirming that sex is determined by biology and banning trans women from female-only wards. Health Secretary Victoria Atkins emphasized the importance of recognizing biological sex in healthcare.
Women’s rights advocates, including Maya Forstater of Sex Matters, praised the move, highlighting its significance for ensuring same-sex intimate care and prioritizing women’s safety. Forstater noted, “It will benefit anyone who needs same-sex intimate care… This is simply a return to common sense.”
Nevertheless, the British Medical Association and the Royal College of Nursing have expressed concerns about proposed changes to the NHS Constitution, warning that transgender and non-binary patients may face limited access to vital services.
Ministers argue that the update prioritizes patient care and safety, including the implementation of Martha’s Rule. The planned revisions would allow transgender individuals to be placed in single-sex wards if requested by another patient, in line with the Equality Act 2010. Former health secretary Steve Barclay has considered changes to address concerns about trans women using female wards.
NHS and the Women’s rights group
The aim is to ensure access to same-sex care whenever reasonably possible while respecting the importance of sex in healthcare services. The updated document also aims to address different biological needs and communicate gender-specific health information clearly to patients.
Health minister Maria Caulfield emphasizes the importance of updating the NHS Constitution to ensure inclusivity and patient-centred care, while shadow health secretary Wes Streeting stresses the importance of implementing rights in practice.
Women’s rights campaigners welcomed the move, which follows accusations that the health service had been captured by ‘gender ideology’.
Maya Forstater, chief executive of Sex Matters, a human rights charity that campaigns for clarity on sex in law, policy and language, said: ‘Victoria Atkins explicitly referring to biological sex is very significant.
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