Sex
Part 2 Equality: key concepts
In relation to the protected characteristic of sex—
(a)a reference to a person who has a particular protected characteristic is a reference to a man or to a woman;
(b)a reference to persons who share a protected characteristic is a reference to persons of the same sex.
“man” means a male of any age;
Defined in s.212(1) · see it in the full Act“woman” means a female of any age.
Defined in s.212(1) · see it in the full ActThe protected characteristic of sex refers exclusively to biological sex. A biological female is a woman and a biological male is a man regardless of a certificate. (see paras [167]-[175]; [209]; [264])
Identifies sex as a protected characteristic relevant to the comparison between male and female prisoners, but holds that the different search arrangements did not amount to less favourable treatment on grounds of sex (see paras [43]; [54]-[70]).
Section 11 defines the protected characteristic of sex by reference to men and women and persons sharing the characteristic. It supplied the statutory framework for the sex-based discrimination analysis. (see para [77])
What each judgment says about section 11 is in the case-law panel in the full Act.
54.This section is a new provision which explains that references in the Act to people having the protected characteristic of sex are to mean being a man or a woman, and that men share this characteristic with other men, and women with other women.