Icke-erkännande av transpersoner - En queerteoretisk analys av åsiktsfriheten i klassrummet

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: Protection from discrimination for people with transgender identity and expression was not introduced in Swedish legislation until 2009, years after other vulnerable groups obtained the same protection. The late introduction reflects a societal discourse that still prevails today, where some are critical of the use of transpeople’s desired pronouns. The issue of the legal protection of people with trans identity is raised in many areas of society, including in the education field. The Equality Ombudsman has concluded that a non-recognition – by not using the desired pronoun – of a non-binary student has constituted discrimination on the grounds of transgender identity and gender expression. The event illustrates a fundamentally important issue and seems far more complex than it appears at first glance. The decision means that the protection of discrimination for transgender people also includes non-speech, which in turn raises the question of how far teachers' freedom of expression may extend in the classroom, and what the protection of freedom of expression actually means. What is really clarified is a situation where two constitutional rights collide: freedom of expression and the right not to be discriminated against. With a gender-critical perspective, the essay therefore examines the legal meaning of discrimination against transgender people and how this is coordinated with teachers' freedom of expression in the classroom. The basis of the essay is that freedom of opinion is constitutionally protected. There are however regulations which, on the one hand, restrict freedom of expression and, on the other hand, restrict legislation which in turn restrict this right. My conclusion is, however, that students' right to non-discrimination outweighs the teacher's freedom of opinion, and that the decision from the Equality Ombudsman extends the protection from discrimination of transgender people.

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