1. Research Methods
3.6 Transphobia and Transphobic Discrimination in School
3.6.1 School Law and Policies
South Africa is recognised as one of the most progressive countries in Africa in terms of constitutional protection for people with sexually diverse identities. Our constitution recognises and protects the interests of sexually diverse identities with equal rights (Msibi, 2011; Potgieter & Reygan, 2012; Bhana, 2014). Despite legislation, South African schools still remain very transphobic (Richardson, 2004; Bhana, 2012; Msibi, 2012). Transphobia and gender equality within the education system require urgent attention (Martino & Cumming-Potvin, 2018). These are human rights issues and need to be addressed to allow for the sanctioning of trans specific education. The term minority is often used when referring to LGBTQI identities, not referring to numbers but rather in terms of their accessibility to social rights and justice. Martino and Cumming-Potvin (2018) reveal that the lack of trans-affirmative policies in school results in a continued limitation in terms of ensuring gender democratisation. Policies should include voices of transgender learners. Bhana (2012) outlines that the Department of Education is clear about human rights and equality as important components to facilitate educational transformation. Transgender learners need to be considered in terms of facilities and specific language use as well as an inclusive curriculum that acknowledges and teaches about sexually diverse identities.
In 2013, Namibia endorsed its sector policy based on inclusive education. This document ensures a fair and just education system that promotes democracy (Buchanan &
McDougall, 2016). Acccording to Mangin (2018) school policies and practices can profoundly affect children whose gender identities do not match their sex assigned at birth. According to Kennedy and Helen (2010) schools fail to support transgender
40 learners. Transgender learners are labelled as problematic and troublesome because they oppose the gender binary.
The constitution and school policies in some areas encourage students, teachers, social leaders and community members to collaborate on transgender student success and educational diversity. According to Miller, Mayo and Lugg (2018) some of the changes in schools are occurring very slowly, however in most schools the curriculum focuses primarily on heteronormative ideologies (Potgieter & Reygan, 2012). Sexual education has been mandated as a compulsory topic for Life Orientation (L.O.) (Bhana, 2014). The inclusion of sexual education in the school curriculum will grant learners insight on how to deal with and respond to social problems e.g. social inequalities and gender transformation (Shefer & Macleod, 2015). During Life Orientation lessons, comprehensive and relevant content will be presented to learners. This information will create informed learners as well as competent and caring educators who will be equipped to manage the class and their responses as well as provide support for those learners who may want to make any personal disclosures (Tucker et al., 2016). Learners will develop normative constructions of gender transformation and non-conforming gender identities (Shefer & Macleod, 2015). It will contribute to a wider community practice, as learners will be taught values and collaborative skills during L.O. to enter society. These values to establish healthy relationships and exhibit tolerance are a requirement to enable transformation within our societies. The topic, however, is often evaded or skimmed through with no real information that will enlighten learners about transgender and sexually diverse identities. Many teachers are still influenced by their dominant normative expectations of gender. Many teachers are sceptical as they believe that promoting tolerance and equity may endorse a specific lifestyle and encourage vulnerable young adults to adopt a sexually diverse identity. South African society still understands gender along cis-normative lines and follows a biological determinist model of gender identities and gender expressions (May, 2016).
According to Gowen and Winges-Yanez (2014) children form their identities in school.
Sexuality education at schools is one strategy that could be implemented to prevent
41 unhealthy behaviour that is sexually motivated but rather encourage acceptance (Potgieter
& Reygan, 2012). Information in the form of text books, workbooks, worksheets and journals needs to be restructured and processed ensuring the inclusion of LGBTQI identities as these are rarely represented in textbooks (Potgieter & Reygan, 2012; Malo- Juvera, 2016). Moreover, teachers often evade or minimise sections within the curriculum that focus on sexuality and sexual diversity as they are embarrassed to discuss such issues (Francis, 2012).
A study carried out in the United States of America (USA) revealed that young people have requested help in understanding transgender identities better to enable them to lend support to transgender identities (Miller et al., 2018). The Ronald Reagan presidential administration received LGBTQI identities callously and coldly whilst President Bill Clinton and Barak Obama embraced the idea of equal social justice and human rights, during their reign, with the ‘Title IX of higher education act of 1972’. This act compelled the US government to protect and enforce rights with regards to sexuality and gender identity. However, Clinton and Obama’s successessor, President Trump and his cabinet, have again discriminated against LGBTQI identities by withdrawing their predecessors’
legislation resulting in confusion concerning the rights and protection of transgender identities (Miller et al., 2018; Spencer, 2019). According to Mangin (2018) the ‘Title IX’
prohibited any form of sexual discrimination in schools and ensured the acceptance and acknowledgement of transgender identities.
In the United Kingdom (UK), LGBTQI and education still remain unaddressed. Teachers have taken it upon themselves to collaborate and network to share ideas on how to encourage equal rights and opportunities for all learners (DePalma & Jennett, 2012).
Policies are passed to guide teachers’ actions and functionality at school. These supportive gender policies focus on the language used when addressing transgender learners, the school’s dress code, separated sex facilities and activities and broadly cover basic human rights and violations. Oregon, in the United States, is one state where curriculum and policies ensue that all facets of education meet the needs of all learners (Gowen & Winges-Yanez, 2014).
42 Education is a key factor that allows for any individual to grow emotionally, financially as well as intellectually. Even though learners may be heterosexual and conform to the normative gender binary, it is important for the concept to be included in curriculum because these learners may have family or friends who are sexually diverse by nature (Gowen & Winges-Yanez, 2014). Khan-Orthy (2018) emphasises that having no recognition from legal authorities and government leads to the marginalisation of many transgender individuals who consequently fall into a deprived community. They are then labelled ‘backward’ by a society that failed to support them as normal members of the society and remain ostracised and degraded due to their sexual orientation.
Rights and responsibilities should be clearly noted. Social surveys (Human Rights Watch document, 2011) conclude that there is a wide gap between the ideals stipulated by the constitution and real public attitudes and behaviour towards sexually diverse identities.
These attitudes spread over the broader spectrum of unnecessary hate, discrimination, prejudices and violence perpetrated against such identities. Constitutional protection is meaningless for sexually diverse identities due to the state’s inability to enforce the laws passed (Human Rights Watch document, 2011). In having such policy implemented the rate of bullying at schools will be reduced as more learners will become aware of what it is and how to respect and deal with LGBTQI personalities (Gowen & Winges-Yanez, 2014).