anti-trans school policies & trans youth

After COVID restrictions were lifted and students returned to school, trans students flooded social media with reports of discrimination on campus. School officials cut the hair of trans women, trans men were made to wear skirts and wigs, and trans students were being harassed and abused by schoolmates and educators.

At the advent of online learning, trans youth found greater freedom to express their gender identities authentically from the safety of their homes. But with the return of on-site learning, those freedoms were abruptly lost.

These anti-trans policies are nothing new - they've existed long before the pandemic. But the pain of losing a freedom is only felt after one has enjoyed it.

What Anti-Trans School Policies and Practices Look Like

• Enforcing haircut policies, school uniforms and dress codes on trans students that are inconsistent with their gender expression.

• Barring trans students entry to spaces such as toilets, locker rooms, rest areas, etc. that match their gender identity.

• Segregating students based on genitalia.

• Ignoring or dismissing reports of bullying and discrimination against trans students.

• Blaming trans students for the harassment they experience.

• Punishing trans students for expressing their gender identity.

• Expelling students for being trans.

• Excluding trans students from school events and activities.

• Denying trans students access to campus.

• Rejecting enrollment applications from trans students.

• Subjecting trans students to invasive bodily examinations to "verify" their gender.

• Threatening trans students with conversion therapy.

• Forcing trans students to undergo conversion therapy.

laws that protect trans students

The Anti-Bullying Act (RA 10627 - 2013 Sep 12🔗)

This law prohibits all forms of bullying between students in the elementary and secondary levels. It requires all public and private schools to adopt anti-bullying policies and implement mechanisms for their enforcement.

Failure to follow the law can lead to administrative sanctions for public school administrators and suspension of permit to operate for private schools.

Safe Spaces Act aka "Bawal Bastos Law" (RA 11313 - 2019 Apr 17🔗)

This law prohibits all forms of gender-based sexual harassment (GBSH) in public places, workplaces, schools, and online.

It requires workplaces and schools to create policies, reporting mechanisms, and measures against GBSH. It also requires the formation of a Committee on Decorum and Investigation (CODI) to investigate and address complaints of GBSH.

Further, if a school knows about any possible or impending incidence of GBSH, it must investigate and take appropriate steps to resolve the situation even if the victim does not file a complaint.

So what can a student do?

• Find an ally. In my college days, I found an ally in my guidance counselor. She supported my request to wear men's clothing in school in 2010. Around 2020, one of the college's officers for student affairs started supporting trans students in their petitions to wear the uniform that aligns with their gender. Your parent(s), if they're supportive, can help talk to the school for you. You can also attempt to write to your school administrator. Get everything in writing and have them receive (sign) a copy of your letter for documentation.

• Check for local anti-discrimination ordinances. Several Philippines cities and municipalities already have anti-discrimination policies in place. Usually, one of the konsehals (councilors) is in-charge of women's and gender affairs, and another in-charge of youth concerns. Try visiting your city or municipal hall for help.

• Contact an NGO specializing in LGBT+ rights advocacy. I've personally helped trans students, a public school teacher, and employees with their anti-trans policy concerns at school, and at work. You can contact me🔗 for assistance. Rainbow Rights Philippines🔗 also specializes in handling anti-discrimination cases.

• Get legal help. Sometimes, there's no other way around it but to get a lawyer. If you can't afford one, sympathetic lawyers may help you pro bono. You might also check with free legal clinics. Check with law schools as they all operate a free legal clinic. Law students, monitored by a licensed attorney, can assist you.

• Check out my other resources.

  • This video🔗 talks about the legality of anti-trans uniform policies.

  • My position paper🔗 highlights many other laws than those already mentioned above and the legal and medical argument for trans-inclusivity.