NICOLA Sturgeon does not believe concerns raised by a UN special rapporteur on the SNP's gender reforms "are well founded" as the Scottish Government moved to alleviate fears over women's safety.
An SNP minister has insisted government officials “have not identified any evidence” that concerns raised by UN special rapporteur for violence against women and girls, Reem Alsalem, over proposed gender reforms have materialised in any country to introduce the same measures.
Ms Alsalem wrote to the UK Government to relay her concerns over the Scottish Government’s legislation to update and modernise the method for trans people to obtain a gender recognition certificate.
Under the plans, supported by all Holyrood parties except the Tories, trans people will no longer need a gender dysphoria diagnosis to apply for a gender recognition certificate while the age limit will be lowered to 16.
Despite concerns raised by campaigners, a gender recognition certificate is not needed to enter single sex spaces, which are protected under the Equalities Act.
READ MORE: UN official warns of potential gender law reform risks
In her letter, Ms Alsalem warned the plans "would potentially open the door for violent males who identify as men to abuse the process of acquiring a gender certificate".
She added: “This presents potential risks to the safety of women in all their diversity (including women born female, transwomen, and gender non-conforming women).”
READ MORE: SNP urged to 'suspend' gender recognition plans after UN concerns
The Bill, she added: “Does not provide for any safeguarding measures to ensure that the procedure is not, as far as can be reasonably assured, abused by sexual predators and other perpetrators of violence. These include access to both single sex spaces and gender-based spaces.”
She concluded by “strongly” appealing to the Scottish Government to consider all consequences of the reforms.
Ms Sturgeon was pressed over the intervention at First Minister's Questions but rejected calls to pause the legislation.
Conservative leader Douglas Ross said: "The Scottish Parliament, including the committee that is in charge of scrutinising the bill, has not had the chance to examine her evidence and hear from her in person, which the cabinet secretary will do.
"Will the First Minister agree to pause the legislation so that we can properly consider the findings of the leading global expert on this crucial matter?"
Ms Sturgeon told MSPs that Social Justice Secretary Shona Robison will meet Ms Alsalem next week.
The FM said: "We take seriously the comments of the special rapporteur, which is why we have responded in detail.
"Respectfully, though, we do not believe that those criticisms are well founded.
"That is not a view that we hold alone. Organisations that work day in, day out with women and girls who are subject to violence, such as Rape Crisis Scotland and Scottish Women’s Aid, also believe that many of those criticisms and concerns are not well founded.
"We will continue to proceed carefully. There has been considerable consultation on and scrutiny of the bill, and that is right and proper."
Ms Robison has now responded formally to the concerns – stressing that there is no evidence that the safety of women and girls will be compromised by the legislation.
In a letter to Holyrood’s Equalities Committee, Ms Robison has insisted that “we have not identified any evidence that the concerns raised by the SR (special rapporteur) have materialised in any other countries that have introduced similar reforms”.
READ MORE: Misinformation over gender recognition plans used to 'whip up moral panic'
She added: “The Bill is in line with the approach of a number of other countries, including Ireland, Norway, Malta, Denmark, Belgium, New Zealand and Switzerland.”
Ms Robison pointed to evidence given by the Scottish Human Rights Commission who said it “cannot identify any objectively evidenced real and concrete harm that is likely to result from the reforms”.
She also highlighted comments from the UN’s independent expert on protection against violence and discrimination based on sexual orientation and gender identity, who welcomed the move to a system of self-identification.
Ms Robison added: “Having considered all the evidence provided, the committee’s report also concluded ‘the majority recognise that, when asked about evidence of abuse and concerns, no witness was able to provide concrete examples’.
The minister has stressed that “legal gender recognition mostly affects aspects of our private lives and would enable a trans person to obtain an updated birth certificate”.
She added: “This allows people to marry in the gender in which they live and have their death recorded in the gender in which they lived.
“Therefore it is not apparent how obtaining legal gender recognition would enable a person to then commit another offence. Birth certificates are not photographic identification, and spaces or services do not require sight of a person’s birth certificate for access or use.”
READ MORE: What does Scotland's gender recognition legislation mean?
Ms Robison said that ministers “understand the concerns about the behaviour of predatory and abusive men”.
She added: “Trans people are not responsible for the behaviour of predatory and abusive men and action taken to tackle this behaviour does not require to impinge on the rights of trans people.
“Again, it is not apparent how obtaining legal gender recognition would enable a person to then commit another offence given access to spaces and services are not dependent on your legal gender or require sight of a person’s birth certificate.
“Our support for trans rights does not in any way conflict with our work and commitment to protect women from discrimination and advance women’s rights and equality.”
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