REPORTS
Allegations of discrimination against a trans woman in a public vocational training institute
On 5 October 2022, the Transgender Support Association (SYD) filed a complaint of discriminatory treatment against a trans woman by staff of the public Institute of Vocational Training (IEK) in Egaleo, Attica.
According to the complainant, during her visit to the IEK, she mentioned to the staff of the training centre that she is a transgender person and, regardless of her sex and the name recorded in her public documents, she identifies herself as a female.
The complaint recounts that there was a teacher in the room who, upon hearing this, reportedly looked at the complainant strangely, and after checking their identity documents, stated that they would be called by the name on their documents. Throughout the following conversation, the teacher then referred to the complainant as male and used their given name despite polite requests from the complainant that she be addressed as a female.
The deputy director of the IEK then addressed the complainant, explaining that they “don’t want such problems here,” and that, “if I didn’t like it I should leave…because they are very busy and have other things to do.” The complainant explains that they were left in a ‘bad psychological state’ following the incident. This behaviour contradicts a number of legislative provisions and recommendations on the prohibition of, and the need to combat, discrimination based on sexual orientation and gender identity.
First of all, according to 4491/2017 (Government Gazette A’ 152/13.10.2017) on the legal recognition of gender identity, “a person has the right to the recognition of his/her gender identity as an element of his/her personality” (para. 1), as well as “to the respect of his/her personality based on his/her gender characteristics” (para. 2). A recommendation issued by the Committee of Ministers of the Council of Europe also provides that, “member states should take appropriate legislative and other measures, addressed to educational staff and pupils, to ensure that the right to education can be effectively enjoyed without discrimination on grounds of sexual orientation or gender identity; this includes, in particular, safeguarding the right of children and youth to education in a safe environment, free from violence, bullying, social exclusion or other forms of discriminatory and degrading treatment related to sexual orientation or gender identity.”
The latest report from the European Commission against Racism and Intolerance (ECRI) finds that LGBTQ+ pupils still face, “intolerant and discriminatory attitudes at school, including from teachers”.
A state governed by the rule of law must ensure, both in law and in fact, that there is no discrimination against people on the basis of sexual orientation or gender identity.
However, in this case a trans woman was subjected to discriminatory behaviour by the staff of a public vocational institute, in violation of the legal framework and the recommendations of the Council of Europe on the prohibition of, and the need to combat, discrimination on the grounds of sexual orientation and gender identity.
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