Schools will be responsible for ensuring that young people show gender identity

Schools will have a responsible person who children and young people can turn to to state that their gender identity is different from the one they were born with, according to the PS bill to be discussed on Wednesday.

Parliament will discuss eight bills on sexual orientation, gender identity and gender characteristics, sponsored by the Socialist Party (PS), People-Animals-Natureza (PAN), Livre, Bloco de Esquerda (BE) and Chega.

Four of these bills relate to amendments to the law “On the right to self-determination of gender identity and gender expression and the protection of the sexual characteristics of every person” and arise after the Constitutional Court ruled unconstitutional two norms on education and training in 2021.

The bill of the Socialist Party (PS) “establishes the legal basis for the adoption of administrative measures to be taken by schools”, stating that “the specific nature of the issue under consideration indicates that the measures to be taken to protect the exercise of the right to identity and expression of gender and sex characteristics of the students.

The Socialist bill introduces the adoption of administrative measures to prevent and encourage non-discrimination, mechanisms for detection and intervention, conditions for the protection of gender identity and expression, and for learning and privacy, and states that “schools must determine communication and channels of detection, the definition of responsible or responsible in the school who may be made aware of the situation of children and young people who exhibit gender identity or expression that does not match gender identity at birth.”

The thesis also states that the right of the child or young person to use self-identification must be “respected in all school and extra-curricular activities that take place in the school community” and that “schools must ensure that the child or young person, in exercising their rights, has access to toilets and dressing rooms, always taking into account their expressed will and ensuring their privacy and uniqueness.”

Schools should also respect that children dress according to what they identify with, including in schools where there is a duty to wear a uniform or any other gender-differentiated attire.

On the other hand, schools should “adapt community impact documentation and anything for children and young people” by including in that documentation the name adopted by the student and “taking care that it does not differ from the name of another.” students and female students.

Among other measures, the PS also proposes that schools promote learning activities for teachers and non-teaching staff “to overcome stereotyping and discriminatory behavior.”

Bloco de Esquerda (BE) in its bill also recommends reporting to the competent commission for the protection of minors.

The wording of the BE bill extends all measures to teachers and non-teaching staff and requires the General Inspectorate for Education and Science to oversee the implementation of the measures.

PAN believes that its bill addresses the concerns raised by the Constitutional Court by “providing a duty for schools to promote the adoption of codes of conduct that promote practices that promote effective respect for diversity of expression and gender identity and overcome the imposition of stereotypes and discriminatory behavior, as well as encouraging participation of LGBTQI+ associations and collectives in campaigns and programs of information and education on this issue”.

Chega’s bill places great emphasis on the issue of shared bathrooms and changing rooms, arguing that “the creation of specific, defined and properly defined spaces respects the privacy of all those who wish to share a bathroom of their gender and also protects individuals.” with gender dysphoria or in the process of social transition.”