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Universities UK seeks legal backing over gender segregation guidance Universities UK seeks legal backing over gender segregation guidance
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Universities UK has asked the Equality and Human Rights Commission to seek a legal ruling on its published guidance permitting the voluntarily segregation of men and women at campus events. Universities UK has asked the Equality and Human Rights Commission to seek a legal ruling on the education body's published guidance permitting the voluntarily segregation of men and women at campus events.
In a statement the organisation, which represents more than 130 higher education institutions, said it wanted a definitive legal view on the issue in the wake of a debate which saw Universities UK's London headquarters targeted by student protesters this week. In a statement, the organisation, which represents more than 130 higher education institutions, said it wanted a definitive legal view on the issue after its London headquarters were targeted by student protesters this week.
It said: "Given the continuing public concern we have today written to the Equality and Human Rights Commission to request that they consider having the issue clarified by the high court or provide a clear and public statement about the law and the relevant policy considerations in this area." Universities UK issued the guidance following a series of controversial events at institutions around the country.
It reiterated that its advice to member institutions on whether it was legally permissible for outside speakers, for example from hardline religious groups, to request audiences be voluntarily split by gender was intended purely as a legal framework. It added that Universities UK had since sought an outside legal opinion from the senior barrister Fenella Morris QC, which concluded that the advice was "an appropriate foundation for lawful decision-making by universities". In April, Leicester University began an investigation after a talk arranged for an "Islamic awareness week" used male and female entrances to a lecture theatre, with separate seating. The previous month University College London banned an Islamic organisation that attempted to enforce segregation at a debate about faith.
The controversy began last month when Universities UK released a lengthy document for members covering the various legal issues around hosting external speakers including how to balance the rights to free speech against other considerations. In response, Universities UK released a lengthy document for members covering the various legal issues around hosting external speakers, including how to balance the rights to free speech against other considerations.
One of the illustrative case studies took the example of an ultra-orthodox religious group invited to speak as part of a wider series of talks on faith, where the speaker has requested the audience be segregated on gender grounds. The guidance says that if, for example, women and men were seated separately side by side rather than men at the front and women at the back there would not necessarily be any gender inequality, and voluntary segregation could be permitted. It took the example of an ultra-orthodox religious group invited to speak as part of a wider series of talks on faith, where the speaker has requested the audience be segregated on gender grounds. The guidance says that if, for example, women and men were seated separately side by side rather than men at the front and women at the back there would not necessarily be any gender inequality, and voluntary segregation could be permitted.
The guidance prompted significant criticism, both from individual students and groups such as Student Rights, which campaigns against extremism on campuses. It published research earlier this year saying that radical preachers spoke at 180 university events in the year to March 2013, and that segregation was advertised or implied at more than a quarter of them. Universities UK said it had sought an opinion from the senior barrister Fenella Morris QC, which concluded that the advice was "an appropriate foundation for lawful decision-making by universities".
Earlier this week a group of campaigners staged a protest outside the offices of Universities UK in Bloomsbury, central London, demanding the organisation rethink its advice. But the guidance prompted significant criticism, both from individual students and groups such as Student Rights, which campaigns against extremism on campuses. It published research earlier this year saying that radical preachers spoke at 180 university events in the year to March 2013, and that segregation was advertised or implied at more than a quarter of them.
Universities UK has insisted that its November document was purely hypothetical guidance, and did not in any way promote or encourage gender segregation. Earlier this week a group of campaigners staged a protest outside the offices of Universities UK in Bloomsbury, central London, demanding that the organisation rethink its advice.
In its statement the group said: "It is intended to provide practical assistance to universities in making decisions about who they choose to invite to speak on campus, steering them through all the different considerations, legal and otherwise, that apply. Universities are independent institutions and will make decisions themselves on a case-by-case basis." Universities UK has insisted that its document was purely hypothetical guidance intended for "practical assistance" and did not promote segregation. It said in a statement: "Universities are independent institutions and will make decisions themselves on a case-by-case basis."
However, the furore intensified after Nicola Dandridge, chief executive of Universities UK, argued on Thursday that segregation on the basis of gender was not entirely "alien to our culture". However, the furore intensified after Nicola Dandridge, chief executive of Universities UK, argued on Thursday that segregation on the basis of gender was not entirely "alien to our culture".
Asked by BBC Radio 4's Today programme about the difference between even voluntary gender segregation and doing something similar on the grounds of race, Dandridge said: "It is possible for women to choose to be educated in an all-women environment. It's not something which is so alien to our culture that it has to be regarded like race segregation, which is totally different and it's unlawful and there's no doubt about that whatsoever."Asked by BBC Radio 4's Today programme about the difference between even voluntary gender segregation and doing something similar on the grounds of race, Dandridge said: "It is possible for women to choose to be educated in an all-women environment. It's not something which is so alien to our culture that it has to be regarded like race segregation, which is totally different and it's unlawful and there's no doubt about that whatsoever."
However, she stressed that any separation would have to be entirely voluntary: "What is very uncomfortable about this argument is you are assuming that we have the right to impose views on participants. If the participants say this is how they want it to be, it is not appropriate for us to disregard their views. If people feel more comfortably about sitting separately, and that's invariably the situation that will arise in these cases, then universities have to listen to those views. However, she stressed that any separation would have to be entirely voluntary, adding: "We are not talking about teaching, lectures, the core business of universities. This particular case study is very specific: it's talking about an event to discuss faith in the modern world in the course of a series of lectures about different approaches to religion."
"We are not talking about teaching, lectures, the core business of universities. This particular case study is very specific: it's talking about an event to discuss faith in the modern world in the course of a series of lectures about different approaches to religion." She said such separation was allowed only if it did not cause disadvantage: "What the law says is that segregation on the grounds of gender may or may not be a disadvantage. What this case study is exploring is when it may be a disadvantage and where it may not be. In circumstances where the audience is saying that they prefer to sit in different groups then we are saying that universities should respect their views providing – and this is critical – providing that there is no disadvantage to either men or women."
She said that such separation was allowed only if it did not cause disadvantage: "What the law says is that segregation on the grounds of gender may or may not be a disadvantage. What this case study is exploring is when it may be a disadvantage and where it may not be. In circumstances where the audience is saying that they prefer to sit in different groups then we are saying that universities should respect their views providing – and this is critical – providing that there is no disadvantage to either men or women." Citing public concern, Universities UK said later on Thursday it had written to the EHRC asking to have the issue clarified by the high court. It reiterated that its advice to member institutions on whether it was legally permissible for outside speakers to request audiences be split by gender was intended purely as a legal framework.
Chuka Umunna, the shadow business secretary, whose brief takes in higher education, told Today he was "horrified by what I heard ... let me be absolutely clear, a future Labour government would not allow or tolerate segregation in our universities. Chuka Umunna, the shadow business secretary, whose brief takes in higher education, told Today he was "horrified by what I heard". He said: "Let me be absolutely clear: a future Labour government would not allow or tolerate segregation in our universities.
"It offends basic norms in our society. Of course people should be free to practise their religion privately in places of worship and at religious events. But universities are publicly funded places of research, learning and teaching and, as such, there is no place in my view for state-sponsored segregation.""It offends basic norms in our society. Of course people should be free to practise their religion privately in places of worship and at religious events. But universities are publicly funded places of research, learning and teaching and, as such, there is no place in my view for state-sponsored segregation."
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