Gender theory and education
Philosophy of Law-M.Bonfili
• European Parliament resolution of 4 February
2014 on the EU Roadmap against homophobia
and discrimination on grounds of sexual
orientation
and
gender
identity
(2013/2183(INI))
• Calls on the European Commission, Member
States and relevant agencies to work jointly on
a comprehensive multiannual policy to protect
the fundamental rights of LGBTI people,
• i.e. a roadmap, a strategy or an action plan
featuring different themes and objectives;
D. Non-discrimination in education
• (i)The Commission should promote equality and non-discrimination
on grounds of sexual orientation and gender identity throughout its
youth and education programmes;
• (ii)The Commission should facilitate the sharing of good practice in
formal education, including teaching materials, anti-bullying and
anti-discrimination policies, among Member States through the
non-binding open method of coordination;
• (iii)The Commission should facilitate the sharing of good practice
throughout Member States’ youth and education sectors, including
youth welfare services and social work, among Member States
through the non-binding open method of coordination;
Recommendation CM/Rec(2010)5 to member states
on measures to combat discrimination based on
sexual orientation or gender identity
• Adopted on 31 March 2010 by the Committee of
Ministers
• sets out principles deriving from existing European and
international instruments, with particular emphasis on
the European Convention on Human Rights, in the light
of European Court of Human Rights case law.
• It identifies specific measures to be adopted and
effectively enforced by member states.
VI. Education
• 31.Taking into due account the over-riding interests of
the child, member states should take appropriate
legislative and other measures, addressed to
educational staff and pupils, to ensure that the right to
education can be effectively enjoyed without
discrimination on grounds of sexual orientation or
gender identity; this includes, in particular,
safeguarding the right of children and youth to
education in a safe environment, free from violence,
bullying, social exclusion or other forms of
discriminatory and degrading treatment related to
sexual orientation or gender identity.
VI. Education
• 32. Taking into due account the over-riding interests of
the child, appropriate measures should be taken to this
effect at all levels to promote mutual tolerance and
respect in schools, regardless of sexual orientation or
gender identity.
• This should include providing objective information
with respect to sexual orientation and gender identity,
for instance in school curricula and educational
materials, and providing pupils and students with the
necessary information, protection and support to enable
them to live in accordance with their sexual orientation
and gender identity.
VI. Education
• Furthermore, member states may design and
implement school equality and safety policies
and action plans and may ensure access to
adequate anti-discrimination training or
support and teaching aids.
• Such measures should take into account the
rights of parents regarding education of their
children.
UNAR (anti racial discrimination National
Office)
• set up at the Presidency of the Council of Ministers, within the
Department for Equal Opportunities to ensure the adoption
of measures for the "equal treatment and removal of
discrimination based on race and ethnic origin";
• the decree that set up this office foresees that the office
should act "in full independence of judgment and in
conditions of impartiality";
• In 2012 the UNAR’s activity has expanded, without any
regulation foreseeing it, in a matter excluded from its sphere
of competence, namely the adoption of measures to combat
discrimination against LGBT (lesbian, gay, bisexual,
transsexuals and transgender);
• On November 20th , 2012, in clear
violations of the obligations of
independence and impartiality of
judgment, a working group was set up
planned to draw up a document
containing guidelines for school, totally
devoid of any scientific qualification,
consisting of 29 associations all "gay
friendly";
at the end of the procedure..
• on 29 April 2013, UNAR issued the document
entitled "National Strategy for the prevention
and contrast of discrimination based on sexual
orientation and gender identity (2013-2015)”
• application of the principles Recommendation
CM/Rec(2010)5 of the Committee of Ministers to
member states on measures to combat
discrimination on grounds of sexual orientation or
gender identity.
The strategy requires
• the "involvement of the regional and provincial education
offices on “diversity” management by teachers";
•
the "preparation of school administrative and teaching forms in
terms of social inclusion, respectful of new types of family, also
constituted by homosexual parents" (parent 1 and parent 2);
•
"Accreditation of LGBT associations at the Ministry of
Education, University and Research, as training institutions";
• preparation of bibliographies on LGBT issues and new family
dimensions, reading workshops and a LGBTI glossary of terms in
order to allow an appropriate use of language";
• The startegy also it forsees:
• "implementation of innovative ways of
training
and
refresher
courses
for
administrators, teachers and students on
LGBT issues",
• "the development of sexual identity in
adolescences, on affective-sexual education,
on information of new types of family"
"AT Beck institute"
• during the preparation of the document,
UNAR has sought the collaboration of the "AT
Beck institute" which deals with cognitive
behavioral
therapy,
clinical
diagnosis,
research;
• has published application guidelines entitled
"Educating for diversity at school": - for each
of the 3 school cycles
• year 2 kids of an Italian school, at the
beginning of the school year 2013-2014 ,were
induced to stage a play in which at the
command of a teacher all the girls scream
"Sonia can love me!" and the kids "Fabio can
love me!" and all the twelve years old kids end
up singing "poor selfish you who lives without
love - hope that our feelings reach your
heart"!
• if the aggravating circumstance of the crime of
homophobia had been implemented should a
parent in the hall dared to protest against his
son’s exhibition, he would have been charged
with a homophobia crime
observations
• no family association or professional association
of teachers was involved in the working groups;
• Paradoxically, the final UNAR document accuses
itself, where at p.16 reiterates the need for the
involvement of "all stakeholders in the school
community, in particular the following categories:
students, teachers and families";
the UNAR document and the school
texts deriving from it:
• do not take into account the complaints made
by the national school-parents forum to the
Minister of Education 2013;
• the assertions contained in the Guidelines
released by the ministry of Education,
University and Research(2012) on the parents’
"co-responsibility in education";
• The alliance between school and family is
indispensable criterion in order to face the
undeniable education crisis the country is
going through, thus it is particularly serious
that what occurred has happened without any
contradiction and without any prior
information to the parents .
• Recommendation CM /Rec (2010)5 expressly
calls on the Member States to "take into
account the rights of parents regarding
education of their children" in "preparing and
implementing school policies and action plans
to promote equality" (Annex VI. Education, n.
32);
the various documents drawn up:
• 1) clearly violate Article. 30 of the Constitution which
guarantees and protects the right of parents to educate
their children;
• “It is the duty and right of parents to support, raise and
educate their children…”
• it excludes the family, privileged and natural education
environment, from the task of educating in sexual matters,
disregarding the fact that the same family represents the
most suitable environment to accomplish the obligation of
securing a gradual education in sexual life;
Universal Declaration of Human
Rights
• place themselves in clear violation of two fundamental rights
recognized, guaranteed and protected by the Universal
Declaration of Human Rights:
• art. 18, which guarantees the freedom to express with others,
individually or in community, in public or private, one’s
religious values in education
• “Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change his religion
or belief, and freedom, either alone or in community with
others and in public or private, to manifest his religion or
belief in teaching, practice, worship and observance”.
Universal Declaration of Human
Rights
• art. 26 insofar as it gives parents the right of
priority in the choice of education that shall
be given to their children
• Art.26 (3) “Parents have a prior right to choose
the kind of education that shall be given to
their children”
Decree 104/2013 "Urgent measures in
education and research"
• earmarked an amount of Euro 10 million in 2014
for the training of teachers to “overcome gender
stereotypes”.
• Article 16: the Italian teachers will also be
required to improve skills to promote the respect
for diversity and gender equality and the
elimination of gender stereotypes
• In April 2014, a circular letter of the Ministry of
Education has blocked the spread of " Educating
for diversity at school” booklets