Human Rights Commission: "Restricting Transgender Students from Participating in Retreats is Discrimination"

"Discrimination Without Reviewing Concrete Alternatives"

The restriction on participation in school retreats for sexual minority students has been judged as an act of discrimination.

On the 19th, the National Human Rights Commission of Korea (NHRCK) stated that transgender male student A's inability to participate in a 2-night, 3-day school-organized retreat was an act that infringed upon his dignity and worth as a human being and his right to pursue happiness.

According to the NHRCK, A, who was attending high school, was ultimately unable to join the retreat due to the school's stance that "since his legal gender is female, he cannot participate unless he uses the girls' dormitory." The student filed a complaint with the NHRCK, claiming discrimination against transgender individuals.

The school explained that allowing him to use the boys' dormitory could infringe on the sexual rights of other students and raised concerns about potential sexual crimes. Although the student requested to use a single room, the school said it was difficult to convince other students of the legitimacy of this request. However, the NHRCK found that the school discriminated against the student without considering specific alternatives.

The NHRCK stated, "Participation in school retreats is a right of school members and part of educational activities aimed at enhancing a sense of belonging and academic achievement. It is the role of public education to ensure that sexual minority students have equal opportunities to participate in activities." It also recommended that guidelines be established to prevent disadvantages for sexual minority students in school events and that a survey be conducted to assess the difficulties faced by sexual minority students.