PRISM: Human Rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC) in Aotearoa New Zealand - A report with recommendations Essential for the development of human potential, education enables the full enjoyment of human rights as well as respect for the rights of others. Education is a primary tool to alleviate poverty and enable full participation in communities. The right to education includes free and compulsory primary education, availability of different forms of secondary education, and access to higher education.287 It must be accessible to all on an equal basis.288 It is this equal basis that is not safeguarded for children and youth with a diverse sexual orientation, gender identity and expression, and sex characteristics in New Zealand. While they are able to attend school, hui participants stated that many SOGIESC-diverse youth do not feel safe there and do not see themselves reflected in the curriculum.289 Schools have an obligation to provide a safe environment where all students can participate and receive equal access to education.290 An environment which is unsupportive of students with a diverse sexual orientation, gender identity and expression, or sex characteristics may be in breach of health and safety legislation and the Human Rights Act. Implementing and promoting anti-discrimination policies can provide protection for students and schools, promoting personal respect and physical and emotional safety. The right to education is also about creating highquality teaching and learning environments where there is freedom from violence, bullying, and harassment; where individuality and diversity are respected; and where all those involved are able to participate fully.291 Just over one in 10 of the students in Youth’12 said they had a diverse sexual orientation and/or gender identity, or were questioning their gender UNIVERSAL DECLARATION OF HUMAN RIGHTS (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. and sexual identity.292 The data showed that the majority of these youth were thriving, with most reporting on a scale that school was ‘OK’ or better. Trans students were more likely to volunteer than non-trans students (48% compared with 35%), while same/both sex attracted youth were more likely to volunteer than opposite sex attracted youth (34% compared with 27%). These positive results indicate that student wellbeing goes beyond academic achievement. Bullying New Zealand students experience higher rates of bullying than most other developed countries.293 However, SOGIESC-diverse young In New Zealand, secondary education is also compulsory up until 16 years of age. Universal Declaration of Human Rights GA Res 217A (1948), art 26. 289 Auckland, Wellington, and Christchurch stakeholder engagement meeting notes are publicly available. See New Zealand Human Rights Commission “Universal Periodic Review” <https://www.hrc.co.nz/international-reporting/universal-periodic-review/>. 290 New Zealand Post Primary Teachers’ Association Affirming diversity of sexualities and gender identities in the school community: Guidelines for principals, boards of trustees and teachers (Wellington, 2017). 291 New Zealand Human Rights Commission Human Rights in New Zealand – Ngā Tika Tangata o Aotearoa (Wellington, 2010) at Chapter 12. 292 Mathijs Lucassen and others “Youth’12 The health and wellbeing of secondary school students in New Zealand: Results for young people attracted to the same sex or both sexes” (The University of Auckland, Auckland, 2014). 3.7% of the students surveyed responded that they were both/same sex attracted with a further 4.4% not sure or neither; and 1.2% responded that they were transgender, with a further 2.5% not sure of their gender. 293 United Nations Children’s Fund A familiar face: Violence in the lives of children and adolescents (UNICEF, New York, 2017) at 41. 287 288 48 ARTICLE 26