The right to safe spaces

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Everyone has the right to receive care and services in a safe and welcoming environment. Learn more about your child’s rights to safe spaces at school, work and in health-care environments.

Key points

  • A safe space is a place or environment where anyone can express themselves and feel confident that they will not be exposed to discrimination.
  • An institution should never share a person’s personal information with others without their consent.
  • If your child has legally changed their name and/or gender, their official records at an institution should reflect those changes.
  • Everyone has the right to be addressed by a name that feels comfortable to them and a pronoun that corresponds with their gender identity.
  • An institution that fosters a safe space will have staff that are trained to recognize and take disciplinary action against people who discriminate, harass or bully others.
  • Everyone has a right to safe restroom facilities and to use a washroom that best corresponds to their gender identity.
  • If your child attends school and/or works for an employer that enforces a dress code, the dress code should be flexible and gender neutral.
  • If the school your child attends offers gender-segregated activities like physical education classes or sports programs, they have the right to participate in the activities that correspond with their gender identity.
  • A safe place will ensure that it is promoting a welcoming and comforting environment.

Everyone has the right to certain levels of respect, service and care in the community, whether they are a student, an employee, a patient, or a client of any other institution or business. Here is information about what you and your child should expect of school, work and health-care environments if those institutions are fostering safe spaces.

What is a safe space?

A safe space is a place or environment where anyone can express themselves and feel confident that they will not be exposed to discrimination, harassment, or any other emotional or physical harm based on their biological sex, race/ethnicity, sexual orientation, gender identity or expression, cultural background, age, or physical or mental ability. A safe space can be a dedicated physical space, or it can be the overarching principals that guide an organization.

How should your child expect to be treated in a safe space?

Many institutions and businesses work hard to create inclusive safe spaces for their students, employees, patients and clients. It may seem like common sense to treat people kindly and with respect, but it can be helpful to have those acts of respect and dignity put into written policies.

Your child will know that they are in a safe space if they are provided the following:

Privacy

Your child and your family have a right to privacy when it comes to personal information. Your child may want to share certain personal information with their school, employer or health-care provider so that they may better serve their needs, but your child is not required to tell them everything. This means that your child can keep things like their medical history, sexual orientation and gender status private unless there is a specific “need to know” reason to disclose them (e.g., to fulfill a specific accommodation request, to provide appropriate medical care). An institution should never share this information with others without your child’s consent. In some cases, sharing certain information (e.g., medical information) is illegal without your or your child’s consent.

Up-to-date record keeping

If your child has legally changed their name and/or gender, their official records at an institution should reflect those changes. You or they may need to provide official documentation to their school, place of work and/or health-care provider so that the appropriate changes may be made in their files. This will help to prevent any mistakes in your child’s care, how your child is served and how they are addressed.

Use of preferred name and pronouns

No matter how your child identifies, it is important that the words they use to describe themself are respected. How your child is addressed can make a big difference in making your child feel welcome. Your child has the right to be addressed by a name that feels comfortable to them and a pronoun that corresponds with their gender identity. An organization that uses gender-inclusive language in general also makes everyone feel heard and avoids mistakes made when making assumptions.

Protection from harassment and discrimination

You or your child may be worried about telling your child’s teachers, employer or health-care provider about your child’s sexual orientation, gender or medical history. You may worry that your child will face discrimination, which means experiencing unjust or unfair treatment based on their personal characteristics. Discrimination violates your child’s rights as a person and is illegal.

An institution that fosters a safe space will have staff that are trained to recognize and take disciplinary action against people who discriminate, harass or bully others.

If you feel your child is facing discrimination, harassment or bullying, consider the following:

  • Write down what happened, when and where it happened, and who was involved.
  • Talk to a friend or family member so that people who support you are aware of the situation.
  • Talk about the situation with someone in a position of authority like a teacher, principal, employer, doctor, or a human resources department (if there is one) and ask about accommodations.
  • Ask a legal expert to see whether the law would consider your child’s experience to be discrimination. If it is, you can explore the possibility of taking legal action.
  • Look for support from a community support group. You may be able to learn from the experience of others in a similar situation.

Washroom access

Your child has a right to safe restroom facilities and to use a washroom that best corresponds to their gender identity. Many institutions provide accessible all-gender single-stall washrooms for anyone who requires increased privacy, regardless of the reason. Your child may use one of these facilities if they are not comfortable choosing between gendered washroom facilities.

Flexible dress codes

Many schools and workplaces have a dress code. If your child attends school and/or works for an employer that enforces a dress code, the dress code should be flexible and gender neutral. Your child should not have to choose between ‘male’ or ‘female’ clothing. A good dress code policy will apply to all clothing for all bodies.

Access to gender-segregated activities

If the school your child attends offers gender-segregated activities like physical education classes or sports programs, your child has the right to participate in the activities that correspond with their gender identity.

Inclusive messaging

A safe space will ensure that it is promoting a welcoming and comforting environment.

  • At school this might include teaching inclusivity and diversity through the school curriculum, encouraging the start of clubs for LGBTQ2S+ students and providing a dedicated physical safe space on campus for these groups to meet.
  • At work this might include diversity trainings, being transparent about salaries at all levels of the organization, and taking effective steps to address and rectify incidents of harassment.
  • In a health-care setting this might include ensuring that the physical office space carries signs and pamphlets that are welcoming to all people (e.g., gender-neutral washroom signs), offering an interpreter to patients whose first language is not English, and providing forms that include more than two genders.
Last updated: August 16th 2021