Restricting a Transgender Student's Participation in a School Retreat Constitutes Discrimination
- Recommendation to the ○○ City Superintendent of Education to Develop Policies Inclusive of Sexual Minority Students-
□ The National Human Rights Commission of Korea (hereafter referred to as ‘NHRCK’) recommended on October 23, 2024, that the ○○ City superintendent of Education to prepare guidelines for the use of gender-segregated facilities in schools to ensure that students of sexual minority can participate in school events without disadvantage, to conduct a fact-finding survey on the challenges faced by sexual minority students in their academic pursuits, and to strengthen counseling and support measures for sexual minority students.
□ The complainant, a transgender man (Female to Male, FTM), is a student enrolled at ◇◇◇◇ High School at the time of the complaint. The complainant expressed a desire to participate in a 2-night, 3-day school trip and consulted with the homeroom teacher, the vice principal, and others. However, the school informed the complainant that they could only attend the retreat if they stayed in a room designated for female students, as their legal gender was recorded as female. As a result, the complainant could not participate and filed a complaint with NHRCK, claiming this constituted discrimination against transgender individuals.
*Transgender: A person whose gender identity differs from the gender assigned to them at birth.
□ The principal of ◇◇◇◇ High School (hereafter referred to as ‘the Respondent’) explained:
- Allowing the complainant to stay in a male students' room without having legally changed their gender could infringe on the sexual rights of other students and raise concerns about potential sexual misconduct.
- While the complainant suggested using a private room as an alternative, the school found it challenging to justify this arrangement to other students.
- The complainant's parents reportedly did not wish for their child to attend the retreat.
- The school sought guidance from the local office of education and the Ministry of Education but only received vague responses instructing them to handle the matter “within the bounds of the law.” Based on this, the school informed the complainant that they could only participate if they stayed in the female students' room as the complainant’s legal gender is female.
□ The NHRCK’s Committee on Discrimination Remedy (Committee Chair: Commissioner Nam Gyu-seon) determined that:
- Participation in school retreats is both a right of students as members of the school community and an educational activity designed to foster a sense of belonging and academic achievement. Ensuring equal access to such activities for sexual minority students is a responsibility and obligation of public education.
- Transgender individuals often fear discrimination or harassment for not having their gender identity recognized. This can lead to self-exclusion from school activities. In this case, the decision may appear to have been made by the complainant and their parents, the complainant was effectively excluded due to the school’s decision, which was based solely on their legal gender and failed to explore other viable alternatives. This constitutes discriminatory treatment, as it arbitrarily treats different circumstances as if they were the same.
□ The Commission further noted that:
- By effectively compelling the complainant to use facilities corresponding to a gender they do not identify with, the school denied the complainant an equal opportunity to participate in educational activities. Even if the complainant had participated, they would have faced the dilemma of concealing or denying their gender identity, which is detrimental to personal development and infringes upon the complainant’s dignity, value as a human being, and right to pursue happiness.
While the principal the school was the direct decision-maker in excluding the complainant from the retreat, the Commission acknowledged the lack of specific policies or guidelines from the education authorities. This made it difficult for individual schools to independently devise appropriate measures for transgender students.
Accordingly, the Commission recommended that the ○○ City Superintendent of Education identify the challenges faced by sexual minority students and establish policies to ensure diversity and inclusivity in educational activities.
