REPORTS
Discrimination against a gender-diverse child in high school on the basis of gender expression
On 4 February 2022, the Transgender Support Association (SYD) filed a complaint of discriminatory treatment against a gender diverse child at the First Music High School of Ilion, Attica.
According to a report, on February 1, 2022, a teacher at the 1st Music High School in Ilion excluded a gender diverse child from class because he was wearing a skirt. According to the child’s parent, the teacher, as soon as he saw the child, started to insult him, calling the child a ‘disgrace to society’.
Commenting on the incident, which constitutes discrimination on the basis of gender expression, the SYD said that violence and intimidation or insults and discrimination by a teacher, as well as the inability of the school’s administration to effectively deal with such issues can make the school a threatening and unsafe place for a child.
This behaviour contradicts a number of legislative provisions and recommendations on the prohibition of and the need to combat discrimination on the grounds of 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 gender diverse child attending the First Music High School of Ilion, Attica was the victim of discriminatory behaviour, 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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