On November 21, 2024, the Ontario Bar Association (OBA) hosted an engaging and thought-provoking program titled Advanced Human Rights Issues in Education. This session delved into some of the most timely human rights concerns in the education sector, offering practical insights and best practices for legal professionals, educators, and policymakers alike.
Moderated by Nadine Rizk, the program featured a range of voices and experiences, including Melissa Eldridge (Border Ladner Gervais LLP), Vickie Do (York Catholic DSB), and Patrick Twagirayezu (Emond Harden). Together, they examined the challenges facing school boards in balancing the rights of students, parents, and other stakeholders while maintaining inclusive and equitable environments for all.
Human Rights Accommodation on the Ground
Melissa Eldridge opened the discussion by highlighting the heightened strain on the education system post-pandemic. She noted that issues of gender identity and expression are becoming more prevalent in her practice, particularly in relation to accommodating students’ preferences for names, pronouns, and access to facilities. According to Eldridge, while some school boards have adopted policies to address these issues, there remains significant variability in how accommodations are implemented.
Eldrige explained that education systems must recognize the individuality of each student, and that requires flexibility and empathy. She emphasized that accommodation plans should be tailored to the specific needs of the student and created in collaboration with parents, teachers, and other supports whenever possible. The goal, she stressed, is to ensure that every student feels safe, respected, and empowered in their learning environment.
Building Trust Through Policies and Training
Patrick Twagirayezu echoed these thoughts, adding that the pandemic and the response to the murder of George Floyd in the United States changed the conversation about systemic racism and discrimination in many school boards.
Both Eldridge and Twagirayezu underscored the critical importance of trust between educators and students. Eldridge pointed out that educators often have the privilege of establishing close relationships with students, enabling them to understand and actualize the student’s preferences and needs. However, she cautioned that educators need the support of formal policies that ensure consistency and accountability throughout a board.
The panel suggested that a good policy provides guidance but remains adaptable to individual circumstances. School boards were encouraged to avoid overly prescriptive approaches, which can lead to rigid and ineffective solutions. Instead, panelists recommended that teachers and school officials use open-ended questions, such as “How can I help?” to initiate conversations with students and determine their needs.
Twagirayezu further noted that comprehensive policies should strike a balance between respecting the human rights of the child and acknowledging the legal rights of parents and guardians. He explained that policies should provide a framework for navigating complex situations while leaving room for professional judgment. For example, when addressing gender identity, schools must carefully evaluate whether it is safe to disclose a student’s identity to their parents, taking into account both the student’s wishes and any potential safety concerns.
Twagirayezu emphasized that training is the foundation of effective policy implementation, and said that regular, mandatory training for all school staff helps ensure they understand their obligations under the Human Rights Code and are equipped to handle sensitive issues with compassion and professionalism. He also highlighted the importance of reviewing and updating training programs to reflect emerging challenges and evolving best practices.
Navigating Systemic Racism and Microaggressions
Patrick Twagirayezu also considered how school boards can respond to complaints about systemic racism and microaggressions that continue to affect racialized students within the education system. He explained that parents and students will complain about, for example, discrepancies in how students are described or disciplined. For instance, a racialized student might be labeled as “aggressive” for behavior that is deemed acceptable or even positive when exhibited by a non-racialized peer.
When these types of human rights concerns are brought forward, the panel urged educators and administrators to carefully analyze circumstantial evidence and avoid taking a dismissive approach.
Twagirayezu also noted that systemic discrimination is not limited to student interactions. It can arise in employee relations, disciplinary proceedings, and even the issuance of no-trespass orders for parents. Addressing these issues, he argued, requires a commitment to equity at every level of the education system.
Accommodating Competing Rights
One of the most complex challenges discussed during the program was how to manage competing rights within the school environment. One panelist shared examples from her practice, including cases where parents have raised concerns about their children being taught about LGBTQIA+ families, which those parents felt was contrary to their creed. She emphasized that while schools have a duty to accommodate individual needs, they also have a responsibility to uphold the human rights of all students.
The panel noted that learning about the rights of others is not an infringement of anyone’s rights, and Ontario’s curriculum is designed to promote inclusivity and respect for diversity. Eldridge suggested that school boards be transparent about their commitment to human rights and proactive in addressing misconceptions.
The panel also explored the challenges of accommodating religious practices within schools, particularly when requests are made on behalf of groups rather than individual students. Twagirayezu cautioned that while advocacy groups can play a valuable role in raising awareness, accommodations must be assessed on an individual basis to ensure they align with the specific needs and beliefs of each student.
He emphasized that an open mind and active listening are key. He encouraged school boards to approach accommodation requests with empathy and a willingness to learn, noting that assumptions about religious or cultural practices can often lead to misunderstandings.
Building Bridges Through Humility and Collaboration
As a practical tip, Vickie Do emphasized the importance of fostering collaborative relationships between schools and families. This includes giving parents the opportunity to voice their concerns and actively participating in the resolution process.
Do noted that most relationships between schools and families are ongoing, and it’s essential for school boards to approach these interactions with humility and a commitment to repair and rebuild trust when mistakes are made.
Eldridge echoed these sentiments, highlighting the value of self-awareness and a willingness to acknowledge past mistakes. She urged school leaders to model humility and compassion, which can help foster a culture of accountability and mutual respect.
Moving Forward: A Vision for Inclusive Education
The panelists concluded the program by sharing their vision for a more inclusive and equitable education system. They emphasized the need for continuous learning and improvement, both at the individual and institutional levels. Key recommendations included:
- Comprehensive Training: Regular, mandatory training for all school staff on human rights, equity, and inclusion.
- Flexible Policies: Development of adaptable policies that provide clear guidance while allowing for professional judgment.
- Proactive Engagement: Open and transparent communication with students, parents, and advocacy groups.
- Empathy and Humility: Acknowledging and addressing mistakes with compassion and a commitment to improvement.
As the education system continues to evolve, the insights shared during this program will undoubtedly serve as a valuable resource for those navigating the complex intersection of human rights and education.
About the Author
Robin Bates is Senior Counsel at the Ontario Ombudsman. She is also a member of the Executive for the Education Section of the Ontario Bar Association.
The views expressed in this article are those of the writer alone.
Any article or other information or content expressed or made available in this Section is that of the respective author(s) and not of the OBA.