Education Ministry Excludes LGBTQ+ from Anti-Discrimination Guide

Prompted by an incident where a high school baseball team mocked the 5.18 Gwangju Uprising, the Ministry of Education has developed a new 'Hate Speech and Discrimination Response Guidebook' for nationwide distribution to schools. However, a review of the guidebook has revealed a significant omission: it completely excludes any mention of sexual orientation or gender identity, drawing sharp criticism from experts tasked with its evaluation.

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Experts who reviewed the guidebook strongly opposed its exclusion of LGBTQ+ issues, with some calling it a deliberate omission that encourages discrimination.

Out of seven experts consulted, six vehemently opposed the guidebook's content, with some asserting that the government is inadvertently promoting discrimination. This exclusion is seen as a direct reflection of the current administration's cautious stance on LGBTQ+ issues, particularly in light of its perceived hesitation regarding the enactment of an anti-discrimination law. The guidebook, intended to combat hate and discrimination, has instead become a focal point for accusations of deliberate exclusion.

Further scrutiny reveals that the Ministry of Education's guide omits crucial definitions and examples present in earlier drafts and related documents. For instance, the Seoul Metropolitan Office of Education's draft guidance defined hate speech and discrimination as insults or demeaning acts based on factors including "sexual orientation and gender identity." The Ministry's final version removes these specific references, along with examples of discrimination faced by LGBTQ+ students, such as rumors spreading online or exclusion from activities, and the critical issue of 'outing' without consent.

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Mentioning sexual orientation or gender identity is essential when discussing hate speech, as LGBTQ+ individuals are frequent targets.

This move represents a regression from previous guidelines. A 2020 publication jointly developed by the National Human Rights Commission and the Association of Superintendents of Education explicitly listed 'sexual orientation' and 'gender identity' as criteria for identifying hate speech. Experts who withdrew from the guidebook's review process expressed deep concern. Professor Hong Sung-soo of Sookmyung Women's University stated that omitting LGBTQ+ issues could be perceived as intentional exclusion, while lawyer Cho Hye-in of Hope & Law for Public Interest and Human Rights argued that this decision signals a 'discriminatory policy choice' by the government to condone and facilitate discrimination against LGBTQ+ students.

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Excluding sexual orientation and gender identity from the guidebook is a discriminatory policy decision, signaling that the government will condone and facilitate discrimination against LGBTQ+ students.

The exclusion is widely believed to be influenced by the current political climate, particularly the government's sensitivity to conservative Christian groups. Experts highlight that the daily reality for LGBTQ+ students in schools includes mockery and even suicide attempts, underscoring the urgent need for clear guidelines. The Ministry of Education's rationale for the exclusion was that including LGBTQ+ content might lead to backlash and make distribution difficult for local education offices, a justification that critics have dismissed as a failure to uphold principles of equality and safety.

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The reality in schools is that LGBTQ+ students face discrimination and hate, leading to severe consequences, including suicide attempts. Schools need clear guidelines to respond.