National Human Rights Commission Declares Limiting Participation of Transgender Students in Retreats as Discrimination

The National Human Rights Commission of Korea (인권위) has determined that restricting a transgender student from participating in a retreat based on their gender identity constitutes discrimination. On the 19th, the Commission revealed that it had recommended the local education superintendent establish guidelines to prevent discrimination against sexual minority students in the use of gender-segregated facilities in schools, following a complaint lodged on the 23rd of last month.

According to the Commission, a transgender student, referred to as A, who transitioned from female to male, sought to attend a three-day retreat organized by his high school in May of last year. When A expressed a desire to stay in the boys' dormitory, school officials, including the retreat supervisor and vice principal, informed him that he would have to stay in the girls' dormitory since his legal gender was still recognized as female. A proposed using a single room instead, but the school rejected this request, citing concerns about how other students would perceive the situation. Consequently, A was unable to attend the retreat and filed a complaint with the Commission in February, alleging discrimination against transgender individuals.

The school defended its decision by stating that allowing A to stay in the boys' dormitory could potentially harm other students and raised concerns about the possibility of sexual offenses. They also mentioned that A's parents did not wish for him to participate in the retreat. The school claimed to have communicated the situation to the education office and the Ministry of Education multiple times but received no specific guidance, only being advised to handle the matter within legal boundaries.

The Commission emphasized that ensuring equal opportunities for sexual minority students to participate in school retreats is a fundamental role and obligation of public education. It concluded that forcing a student to use facilities that do not align with their self-identified gender infringes upon their dignity, value as a human being, and the right to pursue happiness.