HRW Submission to the Independent Expert on Sexuality and Gender Identity

Introduction

Human Rights Watch is pleased to contribute to the report of the Independent Expert on Sexual Orientation and Gender Identity regarding the human right to education and the protection against violence and discrimination based on sexual orientation and gender identity (SOGI). This submission draws upon Human Rights Watch’s global research on the experiences of lesbian, gay, bisexual, and transgender (LGBT) people in educational environments. It primarily focuses on two key areas: 1) the right to be free from discrimination in educational settings, and 2) the right to access information in schools, particularly in relation to comprehensive sexuality education (CSE).

In Brazil, Human Rights Watch documented harassment, censorship, and intimidation faced by public school teachers who address gender, sexuality, and LGBT rights in classrooms.[1] Under the guise of opposing “gender ideology,” or “indoctrination of children,”[2] opportunistic politicians and ideologues have targeted educators, leading to anonymous complaints, investigations, threats, and self-censorship. Many teachers reported altering or canceling lessons to avoid backlash, creating a chilling effect that undermines their ability to teach about SOGI and women’s rights.[3] While these attacks intensified under the Jair Bolsonaro administration (2019-2022), they often originate from municipal and state actors and continue to the present.[4]

In 2020 and 2024, Brazil’s Federal Supreme Court ruled that laws aimed at banning or censoring human rights and sexuality education were unconstitutional, affirming the state’s duty to promote such education to combat sexual abuse and violence against girls, women, and LGBT people.[5] In 2023, the Chamber of Deputies held the first public hearing on harassment against teachers for topics covered in the classroom,[6] and the Ministry of Education and the Ministry of Human Rights supported the launch of the National Observatory on Violence against Educators to study the harassment and censorship of teachers.[7] The government also created a Technical Working Group to Combat Bullying, Prejudice and Discrimination in Education,[8] aimed at implementing the Supreme Court’s order to establish anti-discrimination policies in schools based on gender, gender identity, and sexual orientation.[9]

In December 2024, the National Council of the Public Prosecutor’s Office issued a major recommendation highlighting the role of human rights and CSE in creating safer schools.[10] The non-binding recommendation provides detailed guidance for prosecutors on how to address school violence and how they should act when faced with attacks on human rights education and CSE.[11]

In Ecuador, Human Rights Watch documented widespread sexual and gender-based violence in schools perpetrated by teachers, school authorities, other school staff, and janitors, as well as students.[12] In the landmark 2020 case Paola Guzmán Albarracín v. Ecuador, the Inter-American Court of Human Rights found Ecuador responsible for failing to protect a student from sexual violence and ordered the government to implement systemic reforms, including the introduction of CSE in schools.[13] While the Ecuadorian government has put in place measures to comply with the ruling, such as the National Strategy on CSE (Estrategia Nacional de Educación Integral en Sexualidad, or ENEIS) among other CSE and related initiatives,[14] measures have not progressed at the scale and pace needed to ensure that all children are safe from sexual violence in schools.

Efforts to implement CSE have been further obstructed by religious and political actors.[15] In November 2024, a former National Assembly member accused the Ministry of “indoctrinating” children with “gender ideology.” The Ministry responded by removing the referenced materials from its website and clarifying that, “[t]he Ministry of Education does not implement indoctrination programs.”[16] Human Rights Watch found that the content removed from the ministry’s “Sexualipedia” platform had included age-appropriate resources on consent, healthy relationships, HIV, puberty, and gender identity. Following criticism by civil society and media reporting,[17] some resources were restored. Notably, content referencing nonbinary identities remains unavailable. The ministry stated that remaining materials are under “rigorous scientific validation” with academic experts to ensure compliance with educational standards.[18]

In Ghana, the proposed curriculum guideline to support the incorporation of CSE in the pre-tertiary school system was met with significant opposition and portrayed as promotion of homosexuality.[19] Ghana Education Service, the government agency in charge of implementing education policies, updated its Code of Conduct, which states that “any sexual conduct between students of the same sex constitutes a misconduct.”[20] In January 2024, a young man was physically abused, stripped naked and paraded at the University of Ghana for his perceived sexual orientation or gender identity.[21]

In Iraq, LGBT people described experiencing violence committed by family members, including beatings, confinement, forced labor, and conversion practices. These abuses often led to school dropout, prolonged isolation, and long-term educational exclusion.[22] One gay student was not only subjected to daily abuse but was also barred from studying, forced to work in a dark basement, and publicly humiliated by his teachers and family.[23] Transgender and lesbian students were forced into heterosexual marriages under the guise of preserving family “honor,” disrupting their education permanently.[24] Several people said they were subjected to conversion practices that violated their rights, including forced hormone therapy, electroshock “treatment,” and confinement in psychiatric institutions.[25]

Japan does not have a comprehensive anti-discrimination law, including protections for the right to be free from discrimination in educational settings.[26] However, in 2016 Japan’s Ministry of Education took a step toward LGBT inclusion by issuing a directive outlining accommodations for transgender and sexual minority students in 2015. But a Human Rights Watch report found that bullying remained a major issue in Japanese schools, particularly for students targeted because of their real or perceived SOGI.[27] This issue was compounded by a lack of CSE, the exclusion of LGBT topics from the national curriculum, and insufficient training for teachers to address LGBT-related issues. In 2017 the Ministry of Education revised its national anti-bullying policy, requiring schools for the first time to prevent bullying based on SOGI. The revised policy also included provisions to improve teachers’ understanding of LGBT issues and carry out measures to ensure the safety and inclusion of LGBT students.[28]

Human Rights Watch’s report also highlighted that transgender students face significant barriers, including restricted access to restrooms, exclusion from physical education, and rigid uniform policies.[29] These challenges were exacerbated by discriminatory legal requirements,[30] such as the need for sterilization surgery for legal gender recognition, a requirement that was later ruled unconstitutional by Japan’s Supreme Court in a landmark decision.[31] While some schools and universities have embraced more inclusive policies, such as flexible uniform rules[32] and the inclusion of trans women in women’s-only universities,[33] significant challenges remain. Legal reforms are still pending, and the national curriculum continues to lack sufficient LGBT-inclusive content,[34] leaving many SOGI-diverse students without support and representation.

In Lebanon, Human Rights Watch documented systemic discrimination against transgender women, including the widespread exclusion of transgender women from educational institutions, with 20 trans women interviewed unable to complete their education due to bullying, family rejection, and institutional discrimination. One trans student was expelled from a vocational institute solely because of her appearance and later barred from taking exams, effectively ending her educational path.[35]

In Mexico, Human Rights Watch documented that the lack of legal gender recognition in Guanajuato and Tabasco states created significant educational barriers for trans youth and adults. In Guanajuato, trans students have often faced discrimination due to mismatched identification documents, leading to misgendering and being called by their legal names.[36] In many cases, this led to their dropping out of or avoiding higher education altogether.[37] We also documented cases in which students were denied enrollment or faced institutional hostility when trying to update their records to match their gender identity.[38] Similar issues persist in Tabasco, where trans individuals are often unable to amend academic records, limiting access to higher education and employment.[39] Some students faced bullying, exclusion, or ridicule by peers and educators, discouraging continued attendance.[40] In both states, the absence of administrative procedures for gender marker changes reinforces systemic exclusion from the education system and violates the right to education under international human rights law.

Human Rights Watch found in the Philippines that despite the adoption of the Anti-Bullying Law in 2013, LGBT students continued to face bullying, exclusion, and discrimination in schools.[41] Many students refrained from reporting abuse due to fear of retaliation or a lack of trust in school authorities, especially since teachers were often unresponsive or, in some cases, complicit in the harassment.[42] Additionally, the absence of LGBT-inclusive CSE left students without accurate, supportive information, perpetuating harmful stereotypes and negatively impacting their physical and mental well-being. The report also highlighted that school staff frequently lacked the training and understanding needed to identify and address abuse, contributing to a climate of impunity that rendered existing laws and policies ineffective.[43] While the protections for LGBT youth in Philippine schools are commendable on paper, in practice they are often poorly implemented or unenforced.[44]

In Qatar, the censorship of LGBT-related content in academic settings further illustrates the intersection of state-enforced repression and educational exclusion. In 2020, Northwestern University relocated a scheduled campus talk by the queer-inclusive band Mashrou’ Leila from its Doha campus to Chicago, citing security concerns after public backlash and state-linked objections. The incident followed widespread online outrage and statements from the Qatar Foundation asserting that the event conflicted with local laws and customs. [45] The decision not only silenced discussion on gender and sexuality but also exemplified the chilling effect of operating universities in countries where same-sex relations are criminalized.

Human Rights Watch documented that Russia’s “gay propaganda” law, enacted in 2013[46] and later expanded,[47] severely limits access to accurate, affirming information about sexual orientation and gender identity, particularly in schools. Framed as protecting children, the law has instead harmed them—cutting off LGBT youth from sexuality education, mental health support, and inclusive learning environments. It has fostered stigma and discrimination, reinforced harmful stereotypes, and contributed to bullying, isolation, and violence in educational settings. Educators and mental health professionals report being pressured to self-censor, making it harder for LGBT students to access honest, science-based information and support. Following the 2023 designation of the LGBT movement as an “extremist” organization,[48] a court in Volodarsk fined a teacher for placing the “extremist” rainbow flag in the classroom’s “tolerance corner.”[49] Russia’s politically motivated censorship violates its human rights obligations and has had a chilling effect on the rights of LGBT youth.

Hungary’s 2021 legislation, echoing Russia’s “gay propaganda” law, targets any discussion of gender identity or sexual orientation in schools and other public forums, threatening educators, health professionals, and institutions with sanctions. It prohibits the depiction or promotion of homosexuality and gender reassignment to individuals under 18, particularly in educational materials, films, and advertisements, and restricts sex education to government-registered organizations—effectively barring LGBT advocacy groups. These policies isolate LGBT youth from essential information and support, fuel harmful stereotypes, and perpetuate discrimination and violence. By equating sexual and gender diversity with pedophilia, the law fosters a hostile environment, erodes freedom of expression, and deprives students of inclusive, affirming education—essential for their safety, mental health, and development.[50]

In 2024, a Hungarian appeals court ruled that a pro-government newspaper comparing an LGBT group to pedophiles did not injure its reputation, while Hungary’s media regulator fined an independent broadcaster for airing LGBT-inclusive content—further institutionalizing anti-LGBT discrimination.[51] In March 2025, Hungary passed a sweeping law aimed at banning Pride events and penalizing public support for LGBT people, expanding surveillance and curtailing the rights to freedom of expression and peaceful assembly.[52] These cumulative measures reflect an alarming trend of state-sponsored repression that directly harms LGBT youth by cutting them off from education, community, and support.

In Saint Vincent and the Grenadines, Human Rights Watch found that LGBT students frequently face stigma, verbal and physical bullying, sexual harassment, and violence from both peers and teachers.[53] Many reported that school staff failed to offer protection, leading some to drop out early. Many also lacked access to inclusive sexuality education.[54] Sex education focused solely on reproduction, with no mention of LGBT issues, forcing students to seek information online. The absence of CSE, combined with societal stigma and laws criminalizing same-sex conduct, has fostered an environment in which being openly LGBT at school is seen as illegal. LGBT people described lasting psychological impacts and emphasized the need for legal reform and inclusive education to better protect LGBT students and uphold their rights.

In South Korea, SOGI-diverse students face persistent bullying and harassment in schools,[55] which manifest as exclusion, verbal abuse, cyberbullying[56] and at times physical or sexual assault perpetrated largely by peers and often inadequately addressed by teachers. Educators also often repeat harmful stereotypes or make derogatory comments about LGBT people, reinforcing misinformation and prejudice.[57] Sexuality education fails to equip LGBT children and youth with the essential information they need, as current curricula remain heteronormative and cisgender-focused.[58] Many students have reported feeling confused or strange about their identities due to this lack of accurate and inclusive content. These educational gaps intensify the marginalization and isolation of LGBT students. Teachers lack the training and tools to create an inclusive and safe environment, and those who try to bring information or support LGBT students often face backlash, harassment, job repercussions or even legal threats.[59] Trans students also face unique challenges, such as punitive actions and humiliation from teachers over non-conforming school uniforms.[60] As a result of the hostile environment, many SOGI-diverse students skip classes or abandon school entirely.

Human Rights Watch has raised concerns about appointments of people with high-level decision-making roles, such as the head of the National Human Rights Commission of Korea, whose opposition to anti-discrimination measures and inclusive education undermines safe learning environments and entrenches negative attitudes toward LGBT students.[61]

In the United States, Human Rights Watch documented various barriers LGBT students face in realizing their right to education, including censorship laws and anti-trans policies. In Florida, one of nine states that explicitly censors discussions of SOGI in schools, teachers and students interviewed by Human Rights Watch described an atmosphere of fear and retaliation.[62] Educators reported being reprimanded or investigated for violating vaguely worded policies restricting what they can teach, while news reports documented cases of teachers being fired, including for using students’ preferred gender pronouns.[63] Students and community members described identity-based harassment, often incited by anti-LGBT political groups. Curricular censorship laws not only conceal and stigmatize discussions pertaining to sexual orientation and gender identity, but embolden anti-LGBT actors and sentiment, fostering a hostile educational environment for LGBT students and teachers.

In addition to anti-LGBT curricular censorship laws, many US states have enacted legislation that discriminates against trans students. Nineteen states bar transgender students from using bathrooms and other facilities consistent with their gender identity,[64] seven states require school staff to “out” transgender youth to their families,[65] and more than half prohibit transgender students from playing on sports teams that align with their gender identity.[66] These laws violate trans individuals’ rights to education and non-discrimination and put trans students at heightened risk of bullying and harassment.

At the federal level, the Donald Trump administration has issued executive orders compounding barriers to education for trans students. In one order, federal agencies were instructed to withhold funding from schools that engage in broadly defined “gender ideology,” which includes supporting students whose gender identity differs from their sex assigned at birth.[67] Another order pledges to withdraw funds from universities that offer protections for transgender students.[68]

In Uganda, activists from the organization Chapter Four reported to Human Rights Watch the existence of anti-LGBT clubs in secondary schools. Specific notices inside schools displayed messages such as “This school has no space for LGBT people.” One person described to Human Rights Watch a school with an anti-LGBT club in eastern Uganda in which children were singing homophobic songs that stigmatized and reinforced negative attitudes towards LGBT people in Uganda.

In Vietnam, Human Rights Watch documented that school staff often treat SOGI diversity as a disease or something unnatural, which reflects the lack of teacher training on the topic.[69] This misinformation extends to other students and families, reinforcing harmful stereotypes and prejudices. SOGI-diverse children and students face verbal harassment from classmates that often escalates to physical violence, sometimes also within the family environment. The impact of this bullying and exclusion has led many students to skip school or stay at home. However, in a significant policy shift, Vietnam’s Health Ministry officially affirmed in August 2022 that same-sex attraction and being transgender are not mental health conditions, aligning the national health policy with international standards.[70]

Recommendations

In light of the findings presented, Human Rights Watch urges the Independent Expert to consider the following recommendations in the preparation of the report:

1. Encourage states to acknowledge and address structural barriers that hinder or prevent access to education for LGBT individuals—such as the criminalization of same-sex conduct, the treatment of diverse sexual orientations and gender identities as psychological disorders, and the absence of legal gender recognition—as systemic human rights violations that must be dismantled to ensure inclusive education.
2. Urge states to ensure that national education plans are aligned with international human rights standards, by integrating CSE that includes content on SOGI matters.
3. Promote the development and enforcement of anti-bullying and prevention protocols, with meaningful participation from students, educators, civil society groups, school staff, families, and government representatives. These protocols should establish clear procedures for preventing, reporting, and addressing abuses, and for providing support and reparations to victims.
4. Support training and dialogue with parents and school personnel to create informed, affirming, and stigma-free educational environments where all students, including LGBT youth, can learn safely and with dignity.
5. Recognize and respond to the long-term impact of discrimination in education, including school dropout and barriers to higher education, which perpetuate social and economic exclusion. Addressing these consequences is essential to fulfilling the rights to development, participation, and a life of dignity for LGBT individuals.