A transgender boy born as a girl has recently come from abroad to an elementary school in a town in Vojvodina. The students have received instructions to address him using a masculine name under the relevant law, after which a state of confusion arose without any reason whatsoever among some students’ parents, even though The Law on the Prohibition of Discrimination is clear and must be complied with!
This is the first case of a transgender child at our schools known to the general public. A number of locals from the town in question have contacted the Kurir Editorial Team, claiming that the school had not officially notified them, that they did not know how students are to act, or whether the boy would use the male or the female locker room at school… The school authorities have confirmed to us that the boy has indeed arrived and that his mother organized a parents’ conference which lasted over an hour and at which she shared all the important information for both students from the homeroom group and their parents.
“The school has notified all the relevant actors and the authorities, who have been informed about actions taken with respect to the newly arrived student’s enrolment in the school,” the official response of the school to Kurir said, but the school authorities did not answer a number of our questions, wishing instead to teach us how to report news.
No confusion on the part of the parents has any justification because The Law on the Prohibition of Discrimination clearly sets out the actions that must be abided by. The Ministry of Education also points out that all children have an equal right to education:
“This right is guaranteed under the Constitution of the Republic of Serbia and the relevant laws. The education system in Serbia upholds the fundamental values of human rights – solidarity, empathy, ethical correctness, humanity, as well as acknowledging and accepting difference, without which there is no humane society. In the efforts to impart to the younger generations the fundamental values of human rights, the role of the school and parents is important, but so is the role of the entire society.”
The Office of the Commissioner for the Protection of Equality Brankica Janković says that they have no direct knowledge of said case and have not received a complaint, and that the school has not contacted them, making it therefore difficult for them to make an official statement without a comprehensive insight.
“The Law on Gender Equality does not regulate the matter of the status of transgender persons. Furthermore, Serbia does not have a law on gender identity, so various issues in the legal and social transition of transgender persons are not regulated in detail by law. Only the Law on Civil Records and some rulebooks stipulate the conditions for changing the gender designation in personal documents, but this is impossible with persons under 18 years of age,” the Office said.
The Law on the Prohibition of Discrimination is clear
- Article 12 – Under this law, sexual harassment is any unwanted verbal, non-verbal, or physical conduct, aimed at or representing a breach of dignity or the personal integrity of a person, causing fear or creating a threatening, hostile, degrading, humiliating, or offensive environment.
- Article 19 – Every person has the right to preschool, elementary, secondary, and higher education and professional development under equal terms, in line with the law.
- Article 20 – There is discrimination if there are actions contrary to the principle of gender equality, i.e. the principle of respecting the equal rights and freedoms of women and men in the political, economic, cultural, and other aspects of the public, professional, private and family life, etc.
- Article 22 – Every child, i.e. minor, has equal rights and protection in the family, society, and the state, irrespective of their or their parents’, guardians’ and family members’ personal characteristics. It is prohibited to discriminate against a child, i.e. a minor, based on their health condition, disability, sexual orientation, gender identity, sexual characteristics, ethnic origin, nationality, or their birth in or out of wedlock, etc.
“Every school should be a place which, in addition to teaching academic disciplines as part of the education process, promotes tolerance, understanding difference, trust, friendship, and solidarity. Respecting everyone’s identity is a condition for creating an encouraging environment in which everyone has equal opportunities. The program of the prevention of discrimination and offending the reputation, honour, and dignity of a person is part of the curriculum of an educational institution. The team for the protection against discrimination, violence, harassment, and neglect, which must include the pedagogical and psychological service, has an important role in the prevention of discriminatory acts at schools.
