Government advises schools to use bathrooms according to sexual orientation

The Ministry of Human Rights and Citizenship published, this Friday (22), a resolution that guides all schools in the country to allow the use of the bathroom according to sexual orientation, opening a loophole for anyone who considers themselves a woman use the women’s bathroom. The resolution also establishes that students dress according to their gender identity and that teachers use the “social name” to refer to students of any age, including in school records.

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Published in the Official Gazette of the Union by the National Council for the Rights of Lesbian, Gay, Bisexual, Transvestite, Trans, Queers, Intersex, Asexual and Other People (CNLGBTQIA+), the text mentions that the objective is to “establish parameters” to guarantee the recognition of gender identity in educational systems and institutions and present “guidelines regarding the institutional recognition of gender identity and its operationalization”.

To this end, according to the document, “the use of bathrooms, changing rooms and other spaces segregated by gender, if any, must be guaranteed, in accordance with the identity and/or gender expression of each student”. The Resolution itself cites “risks of violence” in relation to the topic and guides actions to minimize the problem.

“Whenever possible, install bathrooms for individual use, regardless of gender, in addition to those already existing for men and women in public spaces”, he requests, while also indicating the carrying out of awareness campaigns on the right to “gender self-determination”, and putting up posters “informing that these are safe and inclusive spaces for all people”.

The measure is criticized by experts for not solving the transgender problem and, at the same time, putting girls at risk. Entities such as the International Association for Women’s Human Rights (Women’s Declaration International – WDI) warn of cases of abuse in women’s bathrooms by men who use this benefit given to transgender people to commit sexual harassment and even rape.

Guidelines valid for minors under 18

For educational institutions that distinguish uniforms between boys and girls, the text informs that “the use of clothing according to the gender identity or expression of each student must be permitted”, in addition to “the choice of haircut and use of accessories”.

Another point considered is the form of treatment, including in school records, in the roll call and on student cards, where “the social name will be used prominently and the civil name on the back”.

Also according to the resolution, the guidelines “must be extended and guaranteed to all transgender students under the age of 18, whether teenagers or children”. To do this, the decision must be supported by parents or legal guardians, “who must be consulted about the express authorization together with the child or adolescent”.