Learning about gender identity in sex-ed an equal right

Opinion

Hey there, time traveller!
This article was published 23/09/2023 (745 days ago), so information in it may no longer be current.

How did you learn about sex?

For most of us there might be memories of classroom giggles, teacher embarrassment and woefully out of date educational videos. The answer for children today is more complicated. Not only has the internet given children easy access to accurate (and inaccurate) information on sex, but now various governments across Canada are seeking to control the curriculum of sex education in schools. Conservative and progressive groups across Canada, including outside the Manitoba legislature, have passionately applauded and protested these efforts. Some of these groups are now pursuing legal action in courts challenging the government’s decision to restrict sex education.

This article argues that sex education that is inclusive of sexual orientation and gender identity is a matter of children’s equality rights and furthers Canadian values of equality, tolerance, and the celebration of difference. While parents are concerned that learning about the diversity of sexual orientation and gender identity, these concerns do not justify limiting the equality rights of children.

Section 15 of the Charter holds that everyone has the right to be equal. This includes girls, boys and children with diverse gender identities. Restricting or limiting the content of sex education to traditional relationships or conceptions of gender breaches children’s right to be equal. This because it perpetuates long-standing gender disadvantage. Examining the benefits that flow from sex education bring to the fore the dangers in restricting curriculum to certain modes of sexual and gender expression.

Sex education ensures the health and safety of children.

This because it can help children to identify forms of violence and abusive relationships. It can also be a tool to prevent violence, particularly against vulnerable groups including girls and children with diverse sexual orientation and gender identities.

Same-sex sexual activity and gender identity expression continue to be perceived as either shameful or degrading. The stigmas and negative cultural attitudes towards different forms of sexual expression, orientation and gender identity have resulted in oppression, exclusion and, at the most extreme, violence.

Sex education can be a powerful tool to destigmatize and ensure that diversity in sexual orientation and gender identity is celebrated.

It can teach children the simple point that not everyone is the same and that being different is not a reason to demean or subject others to exclusion or violence. By explaining that differences are to be valorized, sex education can be part of strategy to end violence against children who do not conform to traditional models of identity, sexuality or relationships.

There are other benefits flowing from sex education. Students are given information and critical reasoning skills on how to shape and direct key aspects of their identity, lives and personhood and provide with tools to construct safe, healthy and meaningful relationships with others.

Restricting knowledge on the diversity of the human experience will invisiblize and erase children with diverse sexual orientation and gender identity. It will perpetuate stigmatic harms and legitimatize exclusion and violence. Government attempts to control the curriculum of sex education should be seen as breach of the right to equality under the Canadian Charter of Rights and Freedoms.

Parents and other stakeholders are often concerned that sex education that is inclusive of sexual orientation and gender identity goes against their deeply held religious or ideological convictions. In legal terms, parents would be arguing that the equality rights of children can be justifiably limited in a free and democratic society under section 1 of the Canadian Charter.

In considering these arguments, the court will explore whether restricting the curriculum of sex education and violating children’s equality is the necessary to protect parental interests in the education of their children.

Or to be put it differently, is there another way to address parent’s concerns that do not breach children’s rights?

The European Court of Human Rights was also asked this question and its answer is illuminating for the Canadian experience.

Since sex education in school did not criticize different religious convictions or personal beliefs on sexuality and gender, nor did it prevent parents from educating their children on their own convictions and beliefs outside of school, the European Court of Human Rights held that restricting access to sex education was not necessary to protect parental interests.

Canadian courts should follow in this reasoning.

Banning information on sexual orientation and gender identity is not necessary to protect parental interests as parents can continue to talk and educate to their children about their own thoughts, beliefs and reasoning. Parental interests of some parents with certain beliefs and convictions do not mean that all children should be legally prevented from accessing information.

Moreover, it is not justifiable in a free and democratic society that children be blocked from learning about views that are different from their parents.

The Canadian values of equality, tolerance and diversity are promoted through learning about differences via comprehensive sex education.

Restricting this learning by removing information on sexual orientation and gender identity infringes the right of children because it erases lived experiences and presents a way of life that pressures children to conform.

While parents have an interest in sharing their values with their children, this does not justify limiting sex education in school curriculum.

Learning about sex is part of the scary, exciting, embarrassing and thrilling process of growing up, but it should not perpetuate patriarchy, homophobia or transphobia. Sex education should seek to ensure the equality of all.

Meghan Campbell is a Reader in International Human Rights Law at the University of Birmingham in the UK. She was born in Flin Flon, Manitoba, raised in Winnipeg and did her law degree at the University of Manitoba.