Commissioner Chris Quinn responds to DE’s decision to request EA to withdraw the guidance on supporting transgender young people in education services. Chris Quinn said:
“I am concerned over the news that the Department for Education, in recent correspondence to the Education Authority, has required the withdrawal of the ‘Guidance for Schools, EOTAS Centres and Youth Service on Supporting Transgender Young People.’ All children deserve to feel safe, dignified, heard, and respected.
“The UN Committee on the Rights of the Child remains deeply concerned about the persistent discrimination of children belonging to minority groups, such as transgender and intersex children, in the UK, including Northern Ireland.
“Any decisions regarding systems of gender recognition for children are taken in close consultation with transgender children and in line with children’s rights, including the right to be heard and the right to identity, as recommended by the UN Committee on the Rights of the Child.
“The Northern Ireland Executive’s ‘Children and Young People’s Strategy for 2020-2030′ that sits under the Department of Education, sets out an outcome that recognises transgender children and who are at risk of not having their fundamental rights respected.
“Ignoring the issues faced by these children and young people can impact on other outcomes and affect their mental health and well-being.
“It is important that schools have guidance to refer to, given the realistic possibility that they may be subject to legal challenge.
“We understand that there may be a need for confirmation of the exact application or other significance of the Supreme Court ruling in the context of our legislation, and it is our understanding that judicial clarification is being sought.
“However, schools and Boards of Governors continue to have obligations and must continue to uphold these to ensure all children are safe and their rights are upheld while accessing their education.
“It is crucial that children and young people feel that they have protection and support, and children impacted by this do not feel that they have been targeted and that their own circumstances are relevant to decisions being made.”
