Question reference: S5W-29139
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
- Date lodged: 19 May 2020
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Current status: Answered by Humza Yousaf on 4 June 2020
Question
To ask the Scottish Government what its definition of “sexual characteristics” is in its proposed Hate Crime and Public Order (Scotland) Bill.
Answer
The Hate Crime and Public Order (Scotland) Bill sets out ‘variations in sex characteristics’ as a reference to a person being born with physical and biological sex characteristics which, taken as a whole, are neither those typically associated with males nor those typically associated with females.
The definition of ‘variations in sex characteristics’ includes people whose physical sex development is different from what is generally expected for males and females.
The phrase ‘physical and biological sex characteristics’ is not specifically defined in the Bill, meaning that the phrase takes its ordinary meaning in the context and would include genetic, chromosomal, gonadal, anatomical and hormonal characteristics.
Although ‘variations in sex characteristics’ is used in the Bill, the Scottish Government is aware that other terms are also in use, such as ‘intersex’ or ‘differences of sex development’. People with a variation will also have their own preferred language and might refer to their specific variation or diagnosis.