Education: the Council of State validates a circular on transidentity in schools

Europe 1 with AFP / Photo credits: Serge ATTAL / ONLY FRANCE / Only France via AFP 20h24, December 29, 2023

The Council of State on Friday validated a 2021 Education Ministry circular intended to better support transgender students at school, rejecting a petition filed by two associations, according to a decision issued on Friday. "The requests of the SOS Education association and the association Juristes pour l'enfance are rejected," said the high administrative court, considering in particular that the circular "did not unlawfully infringe the requirement of protection of the best interests of the child".

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Clarifying the role of the institution in the face of "gender transitions"

The Council of State had been seized by these associations for the defence of children's rights, reputed to be close to conservative circles, which aimed at the withdrawal of a circular from the National Education dated 29 September 2021.

This circular, entitled "For a better consideration of gender identity issues in schools", aims to clarify the role that the institution must play in dealing with the "gender transitions" desired by students, and recognizes the rights of transgender students. It is also trying to establish a framework to protect their rights, with regard to requests for changes of names, dress standards and the use of private spaces. In particular, it recommends ensuring the use of the first name chosen by the pupil in the internal life of the school, if this request is made with the agreement of both parents if he or she is a minor.

No infringement of the requirement to protect the best interests of the child"

For the Council of State, "by thus recommending the use of the first name chosen by transgender students", the circular "did not unlawfully infringe the requirement of protection of the best interests of the child".

The terms concerning the use of the first name are also "not such as to unlawfully infringe the freedom of conscience of teachers, pupils or their parents", he said. And they "do not disregard" the "principle of neutrality of public services, any more than parental authority".

By "merely identifying different options that may be considered by schools concerning the use of privacy spaces by transgender pupils" (toilets, changing rooms, dormitories), the circular will also "not "infringe the right of other pupils to respect for their private life and intimacy" and the "duty of parents" to "protect" their children, stresses the Council of State. At the end of 2020, the suicide of a transgender high school student in Lille had raised questions about the role of the school in supporting these students.