Gender theory and education Philosophy of Law-M.Bonfili

European Parliament resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity (2013/2183(INI))2013/2183(INI)

Calls on the European Commission, Member States and relevant agencies to work jointly on a comprehensive multiannual policy to protect the fundamental rights of LGBTI people, i.e. a roadmap, a strategy or an action plan featuring different themes and objectives;

D. Non-discrimination in education (i)The Commission should promote equality and non-discrimination on grounds of sexual orientation and gender identity throughout its youth and education programmes; (ii)The Commission should facilitate the sharing of good practice in formal education, including teaching materials, anti-bullying and anti-discrimination policies, among Member States through the non-binding open method of coordination; (iii)The Commission should facilitate the sharing of good practice throughout Member States’ youth and education sectors, including youth welfare services and social work, among Member States through the non-binding open method of coordination;

Recommendation CM/Rec(2010)5 to member states on measures to combat discrimination based on sexual orientation or gender identity Adopted on 31 March 2010 by the Committee of Ministers sets out principles deriving from existing European and international instruments, with particular emphasis on the European Convention on Human Rights, in the light of European Court of Human Rights case law. It identifies specific measures to be adopted and effectively enforced by member states.

VI. Education 31.Taking into due account the over ‑ riding interests of the child, member states should take appropriate legislative and other measures, addressed to educational staff and pupils, to ensure that the right to education can be effectively enjoyed without discrimination on grounds of sexual orientation or gender identity; this includes, in particular, safeguarding the right of children and youth to education in a safe environment, free from violence, bullying, social exclusion or other forms of discriminatory and degrading treatment related to sexual orientation or gender identity.

VI. Education 32. Taking into due account the over ‑ riding interests of the child, appropriate measures should be taken to this effect at all levels to promote mutual tolerance and respect in schools, regardless of sexual orientation or gender identity. This should include providing objective information with respect to sexual orientation and gender identity, for instance in school curricula and educational materials, and providing pupils and students with the necessary information, protection and support to enable them to live in accordance with their sexual orientation and gender identity.

VI. Education Furthermore, member states may design and implement school equality and safety policies and action plans and may ensure access to adequate anti ‑ discrimination training or support and teaching aids. Such measures should take into account the rights of parents regarding education of their children.

UNAR (anti racial discrimination National Office) set up at the Presidency of the Council of Ministers, within the Department for Equal Opportunities to ensure the adoption of measures for the "equal treatment and removal of discrimination based on race and ethnic origin"; the decree that set up this office foresees that the office should act "in full independence of judgment and in conditions of impartiality"; In 2012 the UNAR’s activity has expanded, without any regulation foreseeing it, in a matter excluded from its sphere of competence, namely the adoption of measures to combat discrimination against LGBT (lesbian, gay, bisexual, transsexuals and transgender);

On November 20 th, 2012, in clear violations of the obligations of independence and impartiality of judgment, a working group was set up planned to draw up a document containing guidelines for school, totally devoid of any scientific qualification, consisting of 29 associations all "gay friendly";

at the end of the procedure.. on 29 April 2013, UNAR issued the document entitled "National Strategy for the prevention and contrast of discrimination based on sexual orientation and gender identity ( )” application of the principles Recommendation CM/Rec(2010)5 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity.

The strategy requires the "involvement of the regional and provincial education offices on “diversity” management by teachers"; the "preparation of school administrative and teaching forms in terms of social inclusion, respectful of new types of family, also constituted by homosexual parents" (parent 1 and parent 2); "Accreditation of LGBT associations at the Ministry of Education, University and Research, as training institutions"; preparation of bibliographies on LGBT issues and new family dimensions, reading workshops and a LGBTI glossary of terms in order to allow an appropriate use of language";

The startegy also it forsees: "implementation of innovative ways of training and refresher courses for administrators, teachers and students on LGBT issues", "the development of sexual identity in adolescences, on affective-sexual education, on information of new types of family"

"AT Beck institute" during the preparation of the document, UNAR has sought the collaboration of the "AT Beck institute" which deals with cognitive behavioral therapy, clinical diagnosis, research; has published application guidelines entitled "Educating for diversity at school": - for each of the 3 school cycles

year 2 kids of an Italian school, at the beginning of the school year ,were induced to stage a play in which at the command of a teacher all the girls scream "Sonia can love me!" and the kids "Fabio can love me!" and all the twelve years old kids end up singing "poor selfish you who lives without love - hope that our feelings reach your heart"!

if the aggravating circumstance of the crime of homophobia had been implemented should a parent in the hall dared to protest against his son’s exhibition, he would have been charged with a homophobia crime

observations no family association or professional association of teachers was involved in the working groups; Paradoxically, the final UNAR document accuses itself, where at p.16 reiterates the need for the involvement of "all stakeholders in the school community, in particular the following categories: students, teachers and families";

the UNAR document and the school texts deriving from it: do not take into account the complaints made by the national school-parents forum to the Minister of Education 2013; the assertions contained in the Guidelines released by the ministry of Education, University and Research(2012) on the parents’ "co-responsibility in education";

The alliance between school and family is indispensable criterion in order to face the undeniable education crisis the country is going through, thus it is particularly serious that what occurred has happened without any contradiction and without any prior information to the parents.

Recommendation CM /Rec (2010)5 expressly calls on the Member States to "take into account the rights of parents regarding education of their children" in "preparing and implementing school policies and action plans to promote equality" (Annex VI. Education, n. 32);

the various documents drawn up: 1) clearly violate Article. 30 of the Constitution which guarantees and protects the right of parents to educate their children; “It is the duty and right of parents to support, raise and educate their children…” it excludes the family, privileged and natural education environment, from the task of educating in sexual matters, disregarding the fact that the same family represents the most suitable environment to accomplish the obligation of securing a gradual education in sexual life;

Universal Declaration of Human Rights place themselves in clear violation of two fundamental rights recognized, guaranteed and protected by the Universal Declaration of Human Rights: art. 18, which guarantees the freedom to express with others, individually or in community, in public or private, one’s religious values in education “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance”.

Universal Declaration of Human Rights art. 26 insofar as it gives parents the right of priority in the choice of education that shall be given to their children Art.26 (3) “Parents have a prior right to choose the kind of education that shall be given to their children”

Decree 104/2013 "Urgent measures in education and research" earmarked an amount of Euro 10 million in 2014 for the training of teachers to “overcome gender stereotypes”. Article 16: the Italian teachers will also be required to improve skills to promote the respect for diversity and gender equality and the elimination of gender stereotypes In April 2014, a circular letter of the Ministry of Education has blocked the spread of " Educating for diversity at school” booklets