PRISM: Human Rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC)
in Aotearoa New Zealand - A report with recommendations
gender identity.299 All school staff, including the
principal, teachers, administrators, and coaches,
have a responsibility to foster belonging for
all students, including those with a diverse
SOGIESC.300 While some schools have made
laudable inroads in creating inclusive spaces,301
many do not offer such an environment.
Remaining barriers include school uniforms,
gender segregation, gendered bathrooms, and
recognition of students’ identities, as well as
inadequate policies and procedures around
bullying, discrimination, and language use. Many
schools have gendered uniforms which may make
life more difficult for trans students and limit their
ability to socially transition. Gendered bathrooms
were identified as an issue of concern for trans
youth by hui participants.302 These issues become
heightened for trans students attending a singlesex school.
The ability to easily amend the sex marker on a
birth certificate through an administrative process
would be significant for transgender children
and young people, as they are required to show
a birth certificate when enrolling in a school.303
The Ministry of Education uses the name and
sex from a birth certificate to record a student
in the Ministry’s and school’s systems. While
the Ministry’s system only offers binary gender
options, they are able to update a trans student’s
name and gender without requiring a new birth
certificate, and are able to support schools to
do the same.304 A trans student’s preferred
name should be used at all times, including on
academic records and in formal communication,
regardless of whether the student has changed
the name on their birth certificate.305 The safety,
sense of being, and privacy of trans students is
Safety was a theme found in the youth
who completed the Office of the Children’s
Commissioner’s What Makes A Good Life survey
in 2019.306 Of the 5,631 children and young
people who completed the online survey, 10%
(540) identified as having a diverse SOGIESC. This
group were more likely than the overall group
to mention safety and the need for safe spaces
to explore identity. They raised issues of correct
pronoun usage, access to gender-neutral toilets,
and educating the public about SOGIESC issues.
This group also frequently mentioned online
bullying, discrimination, and exclusion. They
spoke about others making assumptions about
them because of their sexuality, and some said
they were excluded by binary pronouns.
Ongoing professional development for
teachers
Teachers and coaches are often not trained in
regard to students with diversity in SOGIESC and
can unintentionally cause harm.307 Recent analysis
of the Youth’12 survey data recommended three
areas to focus on to increase academic success
among students with a diverse sexual orientation
and gender identity: strong professional
development for teachers, enabling those
teachers to incorporate SOGIESC topics into
lessons, and ensuring that policy environments
are safe for all students (extending to school
John Fenaughty, Mathijs Lucassen, Terryann Clark, & Simon Denny “Factors associated with academic achievement for sexual and
gender minority and heterosexual cisgender students: Implications from a nationally representative study” (2019) 48 Journal of
Youth and Adolescence p1883.
300
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” (May 2017) <www.ppta.org.nz>.
301
Lee Kenny “Gender neutral uniforms and toilets, care around pronouns; how schools are embracing gender diversity” Stuff (New
Zealand, 11 August 2019); Tom Kitchin “Transgender student gets backing to stay at all-boys Christ’s College as a female” Stuff (New
Zealand, 27 June 2019); Shannon Power “A girls [sic] school in New Zealand is helping students to transition” Gay Star News (London,
13 November 2017).
302
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/>.
303
Ministry of Education “Enrolling and starting your child at school” (13 December 2019) <https://parents.education.govt.nz/>.
304
C. Ruru, personal communication to T. Polkinghorne, October 14 2019
305
New Zealand Human Rights Commission Trans people fact sheet A (Wellington, 2008).
306
Children’s Commissioner and Ministry for Children What makes a good life? Children and young people’s views on wellbeing
(Wellington, 2019).
307
Catherine Edmunds “Gender and sexuality diverse student inclusive practices: Challenges facing educators” (2016) 2 Journal of
Initial Teacher Inquiry p36.
299
50
paramount, and only the school principal, school
counsellor, and a trans student’s teachers should
be aware of a trans student’s gender identity. It
is not appropriate for a school to disclose a trans
student’s gender identity to other students and
their families, except with the trans student’s
permission.