City X did not change transgender child’s username in the school systems (TAS/706/2023, issued on 6 September 2024)
Person A asked the Ombudsman for Equality to investigate whether their minor child had been discriminated against in a way prohibited by the Act on Equality between Women and Men (Equality Act), when their username in the school's ICT systems was not brought into line with the name they had changed to. The child's name was officially changed to reflect their gender identity. After the change of name, the child's official name was used in the school's Wilma system and administrative systems. However, the usernames were not corrected to match the official name. The city had not agreed to change the username and had no instructions to do so. In its report, the city said that changing the username was complicated but technically possible, and that it was preparing guidelines on the conditions under which the username could be changed. After the Ombudsman for Equality started to investigate the matter, the city announced that the child's username would be changed.
Equality Act prohibits discrimination on the basis of gender identity
The Equality Act prohibits both direct and indirect discrimination on the grounds of gender, gender identity and gender expression. Discrimination is also defined as treating a person less favourably than others on the basis of gender, gender identity or gender expression in educational institutions and other organisations providing education and training (Equality Act Section 8b).
Public authorities and educational institutions must promote equality and prevent discrimination
According to section 4 of the Equality Act, in all their activities, authorities must promote gender equality purposefully and systematically. It is not enough for an authority just to act in a non-discriminatory way. Authorities must change the circumstances that prevents equality from being attained. This provision means, among other things, that the authority must actively investigate and obtain information on the factors that prevent equality from being attained. This information serves as a basis for the development of measures and policies to remove barriers.
The provisions of section 4 of the Equality Act on the duty of authorities to promote gender equality are supplemented by the later section 6c on the prevention of discrimination based on gender identity or gender expression. These sections 4 and 6c of the act form a whole in that the promotion of equality takes into account not only legal gender but also the prevention of discrimination based on gender identity and gender expression. According to section 6c of the Equality Act, authorities, education providers and other bodies providing education and training are obliged to take pre-emptive action in a purposeful and systematic manner against all discrimination based on gender identity or gender expression. Discrimination can be prevented, for example by ensuring that people's different gender identities and ways of expressing their gender are respected. ‘Purposeful and systematic’ means that the prevention of discrimination should be proactive. The key is that prevention ensures a non-discriminatory everyday life and provides the prerequisites for facing and solving problem situations.
The city should have changed the username when requested to do so
In previous statements, the Ombudsman for Equality has already drawn attention to the fact that references to a transgender person's old name are detrimental to the well-being of that person. Taking into account the authority's obligations to promote equality and prevent discrimination, the Ombudsman for Equality considered that changing the child's username was the right solution. However, the username should have been changed when it was first requested. A had been trying for over a year to get the username changed before bringing the matter to the Ombudsman for Equality and, according to A, the delay had had a negative impact on the child's well-being and schooling. The delay in remedying the situation is therefore significant, and the city has not provided any acceptable reason for its action. The Ombudsman for Equality found that city had discriminated against A’s child on the grounds of gender identity. The Ombudsman for Equality also found that the city had not paid sufficient attention to gender diversity in username processes as part of its obligation under the Equality At to promote equality and prevent discrimination based on gender identity.
17 October 2024
17.10.2024
