2023-12-29 21:05:00
Friday, December 29, the Council of State rejected a request filed by “SOS Education” and the association “Juristes pour l’enfance” which requested the withdrawal of a circular on transidentity at school. The institution does not see this as “an attack on the requirement to protect the best interests of the child”.
The circular in question was sent by the Ministry of Education in 2021 and was entitled “For better consideration of issues relating to gender identity in schools”. It aimed to clarify the role that the institution must play in the face of “gender transitions” desired by students, and recognizes the rights of transgender students. The idea was to establish a framework protecting their rights, concerning requests for changes of first names, clothing standards and the use of places of privacy.
As reported by AFP, the text recommended in particular ensuring the use of the first name chosen by the student in the internal life of the establishment.
Relying in particular on the opinion of the National Academy of Medicine, SOS Education then reacted by explaining itself in a cpress release : “[…] This is not to deny the documented existence, concerning a tiny number of people, of gender dysphoria, this deep and lasting feeling of incongruence between birth sex and psychological sex. It’s about protecting the child from current phenomena of influence and fashion which make them believe that gender change will resolve all their doubts and moods.”
With the association of Jurists for Children, she therefore contacted the Council of State in the name of the best interests of the child: “[…] Hasty treatment with puberty blockers or hormones of the opposite sex, without taking an interest in the child, his psychological and emotional state and without giving him time to grow, is not in his best interest. “
But the Council of State does not see it the same way. “The requests from the SOS Education association and the Jurists for Children association are rejected,” he indicates, considering that the circular “did not illegally undermine the requirement for protection of best interests of the child.
Because the ministry’s text only aimed to “identify different options likely to be considered by establishments concerning the use of private spaces by transgender students” (toilets, changing rooms, dormitories), the circular cannot ” ) violate the right of other students to respect their private life and their intimacy” and the “duty of parents” to “protect” their children.
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