OK lets start there at a safe space for women, a communal shower or changing room. Who can enter it, well clearly only women. So what defines who is a woman? If the answer to that question is self identity then essentially that is not a safe space for women any longer as anyone can make a claim a female self identity which cannot be questioned. A woman entering a communal shower and finding someone with a penis in there is... what? reasonably concerned or a transphobe not respecting that persons self identity?
Depends on the circumstances, the establishment and the woman involved, I guess.
To my mind, it's a very complex question, best decided -- if necessary with the assistance of the courts -- on a case by case basis, since it involves a complex balancing act between two perfectly valid, though conflicting, sets of rights, rather than by trying to provide a one-size-fits-all solution off the top of my head.
I certainly don't know enough about human rights law to answer the question, and I doubt many people other than specialist human rights lawyers do, either, but I'd suggest there's probably one answer that's appropriate for the changing rooms in a department store, another that's appropriate for a sports club or swimming pool and another that's more appropriate for women's prisons.
That's not because I think it's a matter only of the law -- though obviously we all have to live and work within the constraints of particular legal frameworks and campaign to change the law if we don't like it -- but because human rights lawyers are used to scrutinising complex and conflicting rights, and finding equitable balances and compromises between them, in a way that I'm not.
I think, too, that whoever is considering the actual solutions to real problems faced by real people -- which is what courts are for -- rather than the hypothetical problems hypothetical people might face in hypothetical situations -- which is what Parliament and Twitter are good at debating -- needs to be clear about separating out many people's genuine discomfort with public nudity even when everyone appears, physiologically at least, to share the same gender vs the equally genuine concerns some CIS- and Trans- people feel about using the same facilities in each other's company.
Above my pay grade to solve, I think, unless someone is willing to retain my services to research the matter, which I doubt many people would think a good use of their money.
But that doesn't help me with the questions I put to you about
- what term we should use to describe someone using her misgivings about shared facilities as an excuse for insisting on persistently misgendering people and ignoring the provisions of the Equality Act and the Gender Recognition Act
- where I can find (other, perhaps, than in MRA and Incel forums) examples of men complaining about trans men using all-male facilities.
