In the absence of clear guidance from the State, there has been a proliferation of opinion about what obligations schools and youth groups have towards trans-identified children and adults.
Some NGOs and lobby groups have produced guides that give an interpretation of the law in this area and suggest that there is an obligation to allow the use of spaces designed for the opposite sex but this has never been established in Irish legislation or case law.
The Countess has produced two guides that aim to explain the law as it stands. They outline that there is no right in law to have others use “preferred pronouns” or access toilets, changing rooms or sports meant for the opposite sex. These authoritative guides explain the issues around single-sex spaces, safeguarding, and employment law when it comes to transgender-identifying students and staff and give a concise summary of the law as it stands.
In a specific section, the guides explain why schools and youth groups should never socially transition children without the express consent of the parents and how doing so puts them at risk of serious safeguarding failure. Trans rights NGOs are gravely misinterpreting the regulations around disclosure to parents. Schools and youth workers do not have the right to withhold this type of information from parents yet they are advised to do so by TENI, BeLongTo and most recently the ICCL. Teachers, youth workers or anyone else making decisions like this are stepping outside their scope of practice.
Boards of Management have a duty of care to all students and must guard against breaches of safeguarding that arise from accommodating the wishes of trans-identified students and staff without considering the impact this has on the wider school community. Youth groups and sport clubs also have these obligations.
These guides will help schools and youth groups understand the law in this area, and will be sent to all schools, major youth organisations and sporting bodies in the coming weeks. They are free to download here.
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