Essay: Children’s human rights in an educational context for LGBTI

“Children and young people in Scotland want a Scotland that is safe, that treats them fairly, where they are respected and where they are included” Tam Baillie (Education Scotland Speech 2012)
This essay will look at issues surrounding children’s human rights in an educational context, for the minority group known as LGBT(I). LGBTI stands for ‘lesbian, gay, bisexual, transgender, and intersex (born with atypical sex features)’. Although there is evidence regarding groups separately, namely issues surround LGB and Transgender and Intersex, much of the evidence pertains to all groups collectively as LGBT or LGBTI, and as such will be referred to throughout this essay in the stated context in relation to the evidence referred to.
In respecting the rights of all learners; they are entitlement to be included in decisions regarding their learning experiences; and have all aspects of their well-being developed and supported, as outlined in the United Nations Convention on the Rights of the Child (UNCRC). For Scotland to be seen as the ‘best place to grow up in’ there needs to be a culture that is positive towards children, where they feel nurtured and welcomed, where they are listened too, their needs are recognised and acted upon, and they are respected and protected, at every age, and be allowed to fulfil their true potential. Scottish Government UNCRC: The foundation of GIRFEC. The GTCS standards state that teachers are committed ‘to the principles of democracy and social justice through fair, transparent, inclusive and sustainable policies and practices in relation to: age, disability, gender and gender identity, race, ethnicity, religion and belief and sexual orientation’ (pg5).
Health and well-being is at the forefront of Curriculum for Excellence which aims to ensure mental, physical and social well-being for all learners (Scottish Government 2017). This is a key feature in the Children and Young People (Scotland) Act 2014 passed by the Scottish Parliament in 2014, whereby children’s rights were matched with their health and wellbeing and thereby putting the Getting It Right for Every Child (GIRFEC) policy on a legal traction (I’Anson 2018). GIRFEC is multi profession approach of health, education, social care and voluntary organisations, that sets the stage for achieving a positive culture for the children of Scotland by valuing the rights of children set out in the UNCRC (Scottish Government 2013b). GIRFEC classifies eight inter-connected indicators of Well-being for children using the acronym SHANARRI; safe, healthy, achieving, nurtured, active, respected, responsible and included. By using these indicators the practice model aims to achieve the best possible outcome for children at the same time as respecting their rights (Scottish Government 2013b).
UNICEF (2014) in an executive summary on the issue of discrimination against children and parents based on sexual orientation and/or gender identity state “no person – child or adult- should suffer abuse, discrimination, exploitation, marginalization or violence of any kind for any reason, including on the basis of their real or perceived sexual orientation or gender identity …. Similarly, no person should be denied any of their universal human rights, freedoms and basic opportunites” and have the right to a childhood that is safe and healthy and free from discrimination (UNICEF 2014 p.1). Schools should therefore be a safe and welcoming environment for children and young people. Patterson (2013), however found that research had shown that numerous schools were extremely hostile environments.
Many studies and LGBT groups report that lesbian, gay, bisexual, trans and intersex (LGBTI) children are frequently bullied or subject to violent attacks while at school, at home and on social media platforms, which leads to serious outcomes in regards to their health and well-being, leading to depression, hiding their identity and even suicide (Biddulph 2008, UNICEF 2013, Mayock, Bryan, Carr, and Kitching 2009, LGBT group).
In 2012 in an extensive EU online study, of 93,079 respondents, asking about the experiences and perceptions of LGBT people, found that nearly half of all respondents stated they had been discriminated against or suffered harassment on the basis of their sexual orientation in the year leading up to the study. In addition 25% had either suffered violent attacks or had been threatened with violence in the preceding 5 years, with the figure reaching 35% for transgender people, and rarely did anyone report incidents to the police or other authority, due to the overwhelming feeling that nothing would be done or change as a result of doing so (FRA 2013).
Mayock et al (2009) in their survey of LGBT mental health and well-being in Ireland, of 1,110 participants ranging from 14-73years, found that homophobic bullying, violence, invisibility and alienation from friends and family led to a higher risk of mental health problems and even suicide. Of the most vulnerable participants the average age they realized they were LGBT was 14 years, commenced self-harm at 15 years, attempted suicide for the first time at age 17 and delayed coming out until 21 years old. The 7 year period of concealment of their sexual orientation or gender identity, led to mental health problems and psychological distress, a period coinciding with their years at secondary school and entering early adulthood, a time of significant social and emotional growth. Sometimes young people are told they are not old enough to know their sexual orientation or gender identity and are encouraged to wait till they are older, but many say they have always known they were ‘different’ (Acred 2016). Fedder (2005) attest that whilst many young people keep secret about their same-sex romantic inclinations, increasingly, and at a younger age, more LGBTQ children ‘come out’, while still others are questioning their gender identity and sexual orientation, but they often have not considered the stressors that puts them under.
Coming Out
There is no reliable data on the LGBT population in Scotland, but is thought to be about 5% of the Scottish population, however this is likely to be underestimated, as asking about sexual orientation/identity is a new phenomena in national surveys and many people still do not feel the climate is right to be open about such personal issues (Scottish Government 2013a). In Britain 4% of people say they are completely homosexual whereas 19% feel they are somewhere in between (Dahlgreen and Shakespeare 2016).
Reassurances should be given that it is OK to feel confusion, sexuality may not be fixed, it may be for some, but for others it may change over time (Acred 2016).
On top of this many LGBTI children are faced with predjudice and violence in their own home environment, and children did not feel they could be open with their family (FRA 2013, Acred 2016).
Formby (2013) looked at barriers and enablers to schools and youth services around tackling issues around homosexuality, homophobia and transphobia in 9 settings in one region of England, with 220 mixed respondents of teachers, youth workers and young people aged 11-20, using questionnaires, and about a 1/3rd in-depth interviews or discussions. She found that despite changes in law in regard to equalities, that little had changed in the views of people towards the ‘unnaturalness’ of same-sex relationships and about suitability and discourse surrounding these and associated issues within educational practice. This and other studies conclude that it is the evasiveness of addressing and talking about these issues that lead to prejudice through exclusion, and in promoting heterosexualism (Biddulph 2006, Atkinson 2002). Atkinson (2002) strongly argues that when schools and teachers assume a position of ‘inaction’ they are conversely adopting a stance of promoting a heterosexist view through the promoting of heterosexual norms, in the absence of teaching materials and role models of non heterosexualism. Chapman & Wright (2008) compared the number of books containing LGBT material, in 2 schools, 1 in USA and one in England, and found there was on average 1 book for every 58 students. Greenblatt (2001) found there to be on average 27% in a typical classroom of students, were either LGB or have a member of their close family who are, this was found to be unacceptable. Although the library staff attitudes were positive there were concerns about age appropriate, complaints about providing this material and if it was their role to source such, and that blocks to access due to software filtering, and it being their role to provide these materials (Chapman & Wright 2008) , () found that children themselves even in primary school … to heterosexual practices and play. Even though there is increased awareness amongst younger school children in recent times, and with the openness and acceptability of celebrites, it does not lead to accepting of peers with different sexual tendencies and identities. While young people themselves anticipated and resigned themselves to bullying at school, there was increased anger that school attitude of staff and wider school policies were unsupportive and indeed contributed towards homophobia (Formby 2013). Homophobic language is used in primary and secondary school and not always as form of abuse but rather in the context of scorn e.g the phrase ‘you’re so gay’ or ‘that’s so gay’ was reported to be heard by 95% of secondary and 75% of primary school teachers (
However in an American study there was found to be reduced bullying and harassment if school polices were such that were more accepting of LBGT and in particular if …. Group were present in schools. LGBT Youth Scotland aim to increase confidence in professionals to fufil the needs of young people and improve inclusion in education; affect decisions and increase LGBTI visibility in Scotland. The LGBT schools charter has been developed to assist schools to meet these legislative needs and ensuring inclusion and by achieving the charter means the school will be a positive message that ‘equality and diversity are at the heart of your school’ (https://lgbtyouth.org.uk/national-programmes/schools-and-teachers/lgbt-schools-charter/ ). Children and young people ought to be able to speak to those closest to them
including teachers, about gender and other issues, and should feel safe in seeking their help and support; similarly those professionals should be able to recognize when young people needs their help and supportand be confident in addressing these issues with them (Stonewall 2017). Educators should also seek to include the parental support, as appropriate, to help to diminish any feelings of isolation and powerlessness and increase self esteem, which will go a long way to tackle dysfunction within education and remove the temptation of self harm and suicide (Sronewall 2017). School policy needs to support this rhetoric or teachers will not feel empowered to take on this responsibility and will have the effect of keeping young people silent (Lipkin 2018) and with this can lead to unfavourable consquences(..
In Scotland in a move towards inclusion of young transgender people, new guidelines from LGBT Scotland that would allow transgender pupils to share a changing area with others of the same gender identity, was challenged as being unfair to the privacy rights of girls with whom they would be sharing changing areas (Naysmith 2018).
Mayock et al (2009) were optimistic in the resilience apparent in the lives of most participants in their Irish study, but vital to the positive outcome of this resilience was the social support to the growth of a positive LGBT identity. (Mayock – cross sectional support (Formby 2013) cautioned against assuming all LGBT young people need support due to fact that they are ‘LGBT’, but rather they may require support due to social circumstances in which they are trying to live and manage their identity.