The Chilean Ministry of Education presented a series of documents that require schools to implement measures to include, recognize, and respect LGBTI identities through regulations and proposed activities. Niki Raveau explains how these were developed and shares her thoughts on their impact, shortcomings, and future challenges. By Niki Raveau* Photos: Transitar Foundation . The Chilean Ministry of Education launched the Circular “Rights of Trans Children and Students in the Educational Setting ,” addressed to school administrators and principals across the country. They also released the document “Participatory Dialogues on Diversity” and a guide for respect, inclusion, and coexistence among LGBTI individuals within Chilean schools. Key points include respecting rights such as the use of one's name according to gender identity and the right to dress in clothing that reflects that identity. The document also stipulates that schools must provide accessible restrooms and showers, according to the specific needs of the transition process. The presentation took place last week, with the support of educators and sexual and gender diversity organizations. This Circular is a milestone in the area of ​​trans coexistence in schools and a step towards strengthening both the right to identity and the work of social organizations linked to trans children and youth. They had been working with a network of schools, although without official support. “Participatory Dialogues on Diversity” compiles school experiences shared by trans children and youth participating in the organizations OTD (Organizing Trans Diversities) Chile, Fundación Renaciendo, and Fundación Transitar. In addition to general guidance, the guide provides definitions and classroom activities on sexual and gender diversity. The trans organizations OTD Chile, Renaciendo, and Transitar, as well as other sexual diversity organizations, collaborated in the development of the materials, particularly the participatory dialogues and the Circular.

First legislation on transgender education

Although the Circular incorporates some of our recommendations, there are still substantial points that need improvement. Fortunately, this “will become apparent in practice, with the support of social organizations,” stated the Superintendent of Education, Alexis Ramírez. He and the Undersecretary of Early Childhood Education, María Isabel Díaz, led the official presentation of the documents. That day, LGBTQ+ organizations lamented the absence of the Minister of Education, Adriana Delpiano. They also criticized the government for giving this important event minimal media coverage, given that it would be of the first explicit regulations issued regarding trans schoolingFrom the Transitar Foundation, I highlighted the participation of trans people in the various instruments, “as reflective individuals and guides in their own processes.” While we emphasized the Executive's intervention in favor of trans students with the regulations, we pointed out necessary technical improvements that do not contradict the progress made. We particularly value the “Dialogues” document, which contributed two fundamental ideas directly related to Transitar's vision of trans children and youth: Respect and value trans children and youth in all their gender identities and expressions, including non-binary ones, that we are already seeing, that exist in reality beyond the "boy or girl"And regarding which we must educate families, communities, and institutions.” We value that the document “Dialogues” promotes a visible experience of transgender children and youth that does not force concealment, an experience guided by the processes, desires, and interests of children and young people, rather than by impositions, myths, regulations, fears, and/or adult violence. Furthermore, the social work of Transitar has been showcased and shared: accompanying rather than directing, facilitating, and listening to the unique voice of each individual's journey. The Circular “Rights of Transgender Children and Students in the Educational Setting” provides a series of definitions, guiding principles within the legal framework, and basic support measures.

 Definitions: gender identity and gender expression

Regarding the definitions of “gender identity” and “gender expression,” trans organizations successfully established the reference to “sex assigned at birth,” discarding other biological and binary definitions. However, the definition of “gender” falls within this framework. It was not possible to incorporate the concept of non-binary children and youth. As for guiding principles, the circular adds a framework of rights and protection for children and youth. It also emphasizes the “best interests of the child,” in accordance with Article 3 of the Convention on the Rights of the Child.

What can be improved

Along those lines, The notion of progressive autonomy in minors under 18 years of age was not included, further strengthening their decisions and the right to self-governBoth the best interests of the child and the progressive autonomy of children and young people are arguments that Fundación Transitar presented to the Executive branch in the committee discussions on the gender identity bill. These arguments aimed to keep minors under 18 years of age within the legal framework and under an administrative structure, and are supported by our social experience with a large community of trans children and young people. Thus, the Circular is a natural fit with a segment of advanced topics regarding the discourse and practices of trans children and youth.

The point that concerns us

The worrying point in the document, contradicting what was previously stated, is that, in order for the support and accommodations that the educational establishment must provide to be effective, transgender children and youth under 18 years of age (that is, all children and youth!) will have to submit their request through their parents. This point, which was extensively discussed by our organization, was ignored. Based on our experience, we have observed that The willingness of some more prepared and sensitive teachers and administrators allows space for experiencing gender identity in schools, even when both parents object.Making the experience of one's gender identity contingent on the "permission" of legal guardians is counterproductive, as schools can use the law as an excuse to obstruct the process. Someone might say, "Well, they should find another school that will accept them." Let's remember that these well-intentioned actions sometimes operate even without the consent of school administrators. And it is usually the school administration that discriminates or turns a blind eye, not classmates or teachers. The role of the homeroom teacher who has been trained in issues related to transgender children and youth and has received guidance from a transgender youth community is crucial for paving the way for inclusion and coexistence with diversity within educational institutions. We celebrate the clear statement that "it is the child or student who decides when and with whom to share their gender identity." In this way, it is prevented that, due to mere "regulations," a process and information that is a personal decision are not disclosed or concealed based on the will of third parties (there have been cases where parents or legal guardians agree with the school, behind the backs of children and young people, on the course of this information). Obviously, young children are not aware of legalities or circulars, but they can count on the support of civil society organizations that support and accompany their experiences, as well as on teachers and administrators attentive to the processes of children and young people today. In short, and as stated by the Superintendent of Education, Alexis Ramírez, the tool will continue to be refined in conjunction with social organizations that work directly with transgender children and adolescents.

Uproar in the Church over the Circular 

The Circular generated some controversy, prompting Catholic priests, including the Bishop of San Bernardo, Juan Ignacio González, to speak out. He pointed out that the circular was not consulted with the broader civil society, imposing “through administrative channels on all schools in Chile a series of practices that are not even approved by law.” Beyond stating that Chile is a secular state and that the Church would do better to review and question internal practices such as, for example, pedophilia, as well as pointing out that lived experiences are realities beyond mere “practices” and that not everything described in a body of law fully encompasses human rights and recognition, we choose to point out to Bishop González that there are indeed Catholic schools that, amidst so many social and human deficiencies, recriminations, a lack of a sense of reality, solidarity, and pedagogical vocation, have operated in favor of non-discrimination, the best interests of the child, and the right to education, including and successfully coexisting with transgender children and young people. Therefore, we urge the bishop not to incite violence and exclusion from schools. Finally, we inform him that the fundamental human rights that the country lacks are not a Roman circus where, on some unknown basis, the "broad society" "opines" for or against life or death, existence or non-existence. This is precisely the same approach the Executive has taken for four years regarding the discussion of the gender identity bill, allowing particular ideologies and beliefs, aimed exclusively at blocking a fundamental human right that a portion of the country's population lacks—the right to legalize one's identity and thus access a more equitable life—to sit within Congress as advisors to parliamentarians.

[READ MORE: Trans children in Chile, at the center of parliamentary debate]

We hope the bishop will reconsider, since there are ideologies like his (words) that stifle and destroy realities. Fortunately, so far, Chile has not had a trans martyr within the school system. What will the bishop say the day this happens as a result of exclusion and misunderstanding of words?

Selenna's school

Returning to the launch of the documents, the absence of teachers and other educational authorities was notable. Those who were present were representatives from El Trigal School in Maipú, with whom, as a Foundation, we are currently developing an inclusive school action protocol. Having educators among us is particularly important, and that is why I want to highlight this school. There, Selenna, daughter of Evelyn Silva, President of Transitar, is the first young trans child to live her gender identity in all social spaces, a case that has come to public attention in the country. Selenna and her mother began their journey alone in 2013. Four years ago, there was no information or transgender community. Today, there is, thanks to spaces like El Trigal, where a false diagnosis of "transsexuality" or anything of the sort was never required to open doors, and which was willing to foster changes toward a non-sexist perspective, where children are the guiding principle of our actions. As a community, we thank El Trigal de Maipú for the space for coexistence, their willingness to transform education in an inclusive, respectful, intelligent and creative way, as well as their enthusiasm for continuing this necessary journey in dialogue and collaboration.

*Niki Raveau is the Director of the Transitar Foundation

The document “Participatory Dialogues on Diversity,” which compiles the relevant testimonies and proposals of trans children and youth regarding their own experiences of coexistence in school, has not yet been digitized by the Chilean Ministry of Education. Fundación Transitar will digitize it as soon as possible.

To read the circular. 

To read the guide with definitions.

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