National Library of Scotland’s removal of gender-critical book highlights challenge of balancing competing rights and protections
Karen Condie, director at Holmes Mackillop Solicitors, says that the National Library of Scotland’s removal of a best-selling gender-critical book from its centenary exhibition following staff complaints highlights the challenge of balancing competing rights and protections.
Human-rights charity Sex Matters has accused the library of unlawful discrimination and harassment under the Equality Act 2010 for excluding ‘The Women Who Wouldn’t Wheesht’ from its Dear Library display.
Noting that the publicity resulting from the book’s withdrawal from the library’s centenary exhibition prompted a surge in the book’s sales, Condie says that this proves that “Malcom McLaren’s mantra when promoting The Sex Pistols that ‘any publicity is good publicity’ works.
“While the library denies its action amounted to a ban, its exclusion of this nominated book does look to many like censorship of gender critical views and has uncomfortable similarities to the notorious 1988 section 28 legislation banning material promoting homosexuality,” she said.
“Both gender critical beliefs and sexual orientation are protected characteristics under the Equality Act 2010.”
The National Library of Scotland has now been threatened with claims of discrimination under section 13 and unlawful harassment under s26 of this Act.
“The claims are that the library’s exclusion of the nominated book of essays by authors holding gender critical beliefs treats those holding such beliefs less favourably because of this protected characteristic and its exclusion creates a hostile environment for gender critical staff,” she said.
“Such claims could be made by their own employees and by members of the public with this protected characteristic having been deprived of the inclusion in the exhibition of a nominated book reflecting their beliefs.
“Exclusion is not inclusive and as all protected characteristics are equal it can be challenging to balance competing rights and protections. As the library has not reversed its decision, we may see how well it has done so in the event such a claim is raised.”
ENDS
For further information please contact Karen Condie on tel 0141 226 4942