Everyone has the right to education. Discrimination in access to education on the grounds of sexual orientation, gender identity, gender expression or sex characteristics constitutes a violation of international law.
The 2030 Agenda for Sustainable Development, adopted by all Member States of the United Nations (UN), includes the goal of ensuring quality education for all and is based on the premise that no one should be left behind.
Despite the human rights and economic benefits of equal access to education, discrimination against LGBTQ+ people in schools is widespread. This includes unchecked bullying, harassment, exclusion and other disciplinary measures, as well as the imposition of cis-heteronormative expectations. Perpetrators include students, teaching staff, school administrators and support staff.
Gender-based dress code rules and restrictions on access to toilets, sports and extracurricular activities have a particularly detrimental impact on access to education for transgender, non-binary and intersex children.
Countering censorship and myths: bans on so-called ‘gender ideology’, the censorship of educational materials and the failure to provide comprehensive sexuality education limit the educational outcomes of all children and reinforce isolation and stigma.
Governments have a responsibility to protect all students, including LGBTQ+ students, and must urgently remove barriers to educational equality in order to achieve the Sustainable Development Goals and comply with international human rights standards.
This brief draws heavily on Outright’s findings for a research report based on:
- A review of laws and policies in 193 UN member states affecting education.
- A global survey of recent LGBTQ+ students in ten languages (450 responses).
- In-depth interviews with key informants (LGBTQ+ individuals, teaching staff, parents, activists and policymakers) in ten countries.
'Daily, comments were made about my body, my sexuality, my cross dressing, how I’d behave in bed, who I could and couldn’t date, why no one would date me, requests for sexual favors, poking fun at my body and my friends, asking what body parts I had/have, calling me a hermaphrodite/boygirl/tranny/ pixie/twink/fairy/catfisher/trap and other things, theorizing what sex with me would be like, creating descriptions of me, etc. Physical harassment included picking me up, grabbing me in inappropriate places and areas of my body without consent, pulling my hair, pulling me into secluded areas, etc. It was persistent and numerous. These incidents all happened at school' — Taylor H (pseudonym), 18-year-old
nonbinary pansexual student, United States
Barriers affecting LGBTQ+ students’ access to education
From an early age, LGBTQ+ students face violence, discrimination, bullying and exclusion in schools, which deprives them of their right to education and hinders their academic development, as well as their mental and emotional well-being.
Barriers may include:
- Laws that exclude people from educational institutions on the basis of their sexual orientation.
- Admissions policies that discriminatorily exclude students.
- Disciplinary measures against students, including expulsion, due to their sexual orientation, gender identity, gender expression or sex characteristics.
- The practice of forcing students to undergo reparative (conversion) therapy within the school.
- Violence and bullying at school by both students and staff.
Violence and bullying: statistics
A UNESCO study covering 94 countries and territories found that LGBTQ+ students consistently experience higher levels of violence than their non-LGBTQ+ peers. Globally, 45% of LGBTQ+ young people report having been bullied at school because of their gender identity or sexual orientation. Incidents of violence often go unreported due to fear of further victimisation.
‘When I would go to get lunch, they [other students] would kick me down and push me out of the line. I was a bit feminine, and people don't like feminine people. They would call me names and pick on me. My classmates often came to my desk to cause trouble and pick on me. And sometimes, when I reported to the teacher, the teacher didn’t care. I feared using the bathrooms in grades six, seven, eight, and nine because I knew the big, upper-class boys would be there. I would wait until I was sure it was empty before going because if they saw me there, they would do something to me.' — Jesse J (pseudonym), 20-year-old bisexual cisgender man, Jamaica
Teaching staff and other school personnel themselves sometimes verbally and physically harassed students or encouraged queerphobic behaviour from pupils. In other cases, they fail to respond to complaints of abuse.
‘The teacher told me, "You are one of the people who will go to hell.”’ — Peter M (pseudonym), intersex student, Iran
Gendered dress codes and toilets
Intersex, transgender and gender-non-conforming students are particularly affected by mandatory cis-heteronormative dress codes and single-sex toilets in schools. A global study by Outright found that the majority of respondents were required to dress at school in accordance with the sex assigned at birth.
Most school toilets are strictly single-sex — for boys and girls, with no inclusive or gender-neutral toilets. A small minority of schools (Taiwan, Sweden, South Africa, Canada) allow students to use toilets corresponding to their gender identity. In some cases, transgender and non-binary students are required to register as disabled in order to access a unisex toilet.
Exclusion from sporting activities
Many LGBTQ+ students do not have the same opportunities to participate in sporting and extracurricular activities as their peers. Increased scrutiny of transgender and intersex girls and women, as well as homophobic bias within sports associations, affects young people in schools. The majority of respondents stated that they lacked opportunities to participate in sports teams that corresponded to their gender identity.
Bias in educational curricula
Some countries (Paraguay, Hungary, the US state of Florida) have banned so-called ‘gender ideology’ or the dissemination of information about diverse sexual orientations and identities. Such practices reinforce isolation and stigma, harming the future of human capital. Silencing discussions about sexuality fosters hostility and fear for LGBTQ+ students, who are left without legal protection and inclusive materials.
International human rights standards
Key international treaties affirming the right to education:
- Universal Declaration of Human Rights (UDHR), Article 26: Affirms everyone’s right to education that promotes tolerance and peace.
- International Covenant on Economic, Social and Cultural Rights (ICESCR), Articles 13 and 14: The UN Committee uses the ‘4-A’ framework to assess the quality of education:
- Availability: There must be sufficient schools and educational programmes for everyone.
- Accessibility: The removal of any barriers and discrimination in admission and learning.
- Acceptability: Education must be of high quality, scientifically sound and respectful of the child’s personality.
- Adaptability: Schools must adapt to the needs of pupils and changes in society, rather than the other way round.
- Convention on the Rights of the Child (CRC), Articles 28 and 29: Guarantee the right of all children to education on the basis of equal opportunities.
- Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Article 10.
- UNESCO Convention against Discrimination in Education (1960).
Unequal access undermines the achievement of Sustainable Development Goal 4 (SDG 4):
- Undermining SDG 4: The ‘leave no one behind’ principle is violated by discrimination against LGBTQ+ students.
- Lower academic outcomes: Students from sexual and gender minorities (Argentina, Poland, Thailand, etc.) consistently report lower outcomes.
- State obligations: Ensure inclusive access to fulfil international obligations. The experience of countries that have introduced anti-bullying legislation (see Appendix) demonstrates practical ways to address these issues.
Economic consequences of exclusion
Barriers in education affect career prospects. As the Williams Institute has found, the exclusion of LGBTQ+ people creates problems for economic integration by preventing the development of employability skills. The OECD describes bullying in schools as an example of a ‘decline in investment in human capital’, which contributes to a lower return on education in the labour market.
Comprehensive sexuality education (CSE)
Comprehensive sexuality education (CSE) is the process of teaching the cognitive, emotional, physical and social aspects of sexuality. It equips young people with the knowledge to achieve health, dignity and build respectful relationships.
Current situation and challenges: Most countries do not support school curricula that include SOGIESC topics (an acronym combining: Sexual Orientation; Gender Identity; Gender Expression; Sex Characteristics).
Sex education content often focuses on abstinence or physical development, taught separately to girls and boys. Topics relating to homosexuality are often presented in a negative light, whilst intersex and asexual people are rarely mentioned.
'In general, teachers feel uncomfortable discussing topics related to sex. They lack knowledge about SOGIESC, and when discussing same-sex relationships, they tend to use negative connotations.' — Orphie Z. (pseudonym), lesbian cis woman from Indonesia
Recommendations for action by governments
- Prohibition of discrimination: Enact inclusive anti-discrimination laws in education and in the recruitment of teaching staff.
- Prohibition of bullying: Implement policies prohibiting violence against LGBTQ+ people.
- Countering censorship and myths: Repeal ‘gender ideology’ laws that ban information on diversity.
- Promoting gender inclusivity: Allow the use of gender-neutral terminology, chosen names and clothing. Provide inclusive toilets.
- Community engagement: Involve LGBTQ+ organisations in developing programmes and supporting families.
- Funding for SOGI: Mandate the teaching of sexual and gender diversity at all levels.
- Mandatory staff training: Ensure training for teaching staff and administrators on inclusion and anti-bullying.
Examples of anti-bullying laws and policies
- Bolivia: The 2014 Code treats discrimination on the grounds of SOGI as a form of violence in schools.
- Colombia: Law No. 1620 (2013) on the prevention of violence without discrimination on the grounds of sexual orientation.
- Czech Republic: 2016 guidelines recognise bullying based on sexual orientation.
- Ecuador: 2014 guidelines highlight sexual orientation as a common cause of children’s exclusion.
- Greece: 2023 law against bullying based on gender identity and expression.
- Ireland: The “Cineáltas” Plan (2022) to combat homophobic bullying.
- Japan: 2013 policy (revised 2017) against transphobic bullying.
- Lithuania: 2016 law against cyberbullying on the grounds of sexual orientation.
- Philippines: 2013 regulations define ‘gender-based bullying’ (homophobic and transphobic remarks).
- Seychelles: The 2018 strategy includes transgender identity and sexual orientation among protected grounds.
- Spain: The 2023 Trans Equality Act mandates increased visibility and non-discrimination in the classroom.
- Taiwan: The Gender Equality Act (2023 edition) classifies attacks on gender characteristics as sexual bullying.
