The school and education provider has not only the right, but also the obligation to intervene in harassment and discriminatory behaviour (TAS 89/2023, issued on 21 February 2023)

The Ombudsman for Equality was asked to give a statement on the ability of the school to prohibit a work by a pupil or student that contains a message against members of sexual and gender minorities. The statement was requested especially concerning the phrase "there are only two genders". 

According to the Equality Act, education providers are obliged to take pre-emptive action in a purposeful and systematic manner against all discrimination based on gender identity or gender expression. The educational institution must also take this into account in the preparation of its gender equality plan and in decisions regarding measures to promote gender equality. 

Upon receiving information on harassment or activities that are discriminatory or endanger the safe learning environment, the education provider and school must take measures to prevent and remove the harassment, discrimination or activity that endangers the safe learning environment. If an educational institution or education provider should fail to take the available measures to prevent further harassment or discrimination, the educational institution or education provider would be guilty of discrimination prohibited by the Equality Act.

The Ombudsman for Equality notes in the Ombudsman's report to Parliament in 2022 and 2018 as well as the Ombudsman's report on the status of gender minorities in 2012 that gender is a diverse phenomenon that cannot be reduced to two clearly distinct sexes.

Gender identity means an individual’s own experience of their gender. The preliminary work on the Equality Act states that a person can feel that they are agender or partially a woman and partially a man. As for gender expression, it means expressing one’s gender through clothing, behaviour, or by other means. The guide "Tasa-arvotyö on taitolaji" ('The work on equality requires skill') by the National Board of Education published in 2015 and targeted at basic education also states that an individual's experience of their own gender does not always fit in a binary gender system. 

The Ombudsman for Equality reminds the provider of basic education and the school that both have an obligation based on the Equality Act to ensure that the prohibition against discrimination based on gender, gender identity and gender expression is followed. 

The provider of basic education and the school have not only the right, but also the obligation to intervene in a situation or, for instance, actions of an individual pupil that violate or discriminate against other pupils who are members of a gender minority. Furthermore, the education provider and the school are obliged to promote gender equality and take pre-emptive action in a purposeful and systematic manner against all discrimination based on gender identity or gender expression. 

Therefore, under the Equality Act, the school not only had the right, but also the obligation to prohibit a work by a pupil that contained a message violating and discriminating against sexual and gender minorities.

06.03.2023