How to assist the set up complaint structures in educational settings ?

1. 496233948 Howtoassistthesetupcomplaintstructures in educationalsettings? Input EquinetSminar: Gender Equality in Education Nathalie Schlenzka, Policy Officer Federal-Antidiscrimination Agency (FADA)

2. Agenda • Discrimination in schools and legal background • Approach of FADA • Internal and External complaint structures

3. Discriminiation in schoolsand legal background

4. Discrimination in schools and legal background • Extent of discrimination in the field of education: • 23,7% of all people in Germany have experienced discrimination in the field of education in the last 24 months (representative survey, people age 14 and above) (Survey of FADA 2015); • Integration barometer 2012: 23,7% of all people with migration backgrounds have experienced discrimination in schools; • FADA survey 2013: 6% of people with a disability have experienced discrimination in schools, • FRA survey 2013: 68% of LGBT-people have experienced negative comments in school, • Categories linked to discrimination in schools: Socioeconomic background (low income of parents and/or low educational background of parents), religion, ethnicity/’race’, disability, gender/gender identity (Data FADA 2016).

5. Discrimination in schools and legal background • Examples of discrimination in schools: • People concerned: teachers, student teachers, pupils, other school staff • People/structures responsible: teachers, schoolmates, other parents, text books, internal rules of the school, daily routines; • Direct and indirect discrimination as well as sexual harassment • Gender specific: • Intersectional discrimination (Muslim girls, boys with “low level social background”) • Gender stereotypes (typical characteristic, achievements, career aspirations) • Lack of gender sensitive textbooks • Sexual harassment • Discrimination against trans* and intersexual pupils (non-acceptance of name change, bullying, lack of support)

6. Discrimination in schools and legal background • Protection against discrimination in schools in Germany • International conventions (e.g. UN declaration of human rights, UN declaration right of a child, UN declaration on rights of persons with disabilities) • German Basic Law, Article 3  Equality before the law • General Equal Treatment Act • Protection only for teachers and other staff of schools  however: knowledge of teachers/school staff on protection against discrimination essentially non-existent, lack of complaints structure according to Art. 13 AGG • Protection of pupils only in private schools • No anti-discrimination legislation on level of individual German states; • School laws on individual German state level: • Not always explicit prohibition of discrimination • No regulation of complaints procedures and complaints structures • Often only informal complaint or reactive measures

7. Discrimination in schools and legal background • Problems when bringing claims forward: • Topic might be a taboo at the school; • Lack of protection against victimisation; • Lack of information on discrimination and sexual harassment; • Lack of persons to approach in case of discrimination; • High legal barriers to bring complaint forward; • No (transparent) complaint structure in the school; • No external complaint structure;

8. Approach of FADA

9. Approach of FADA • Demands and recommendations of FADA: • School laws should incorporate clearly formulated discrimination bans • School laws should be amended to grant pupils and their parents rights to information and counselling as well as separate and effective right of complaint • Transparent and independent complaint structures should be set up outside the school • Complaint management structures should be set up inside the school • Mandatory development of anti-discrimination concepts by individual schools • Schools should focus on the issue of discrimination and sexual harassment (for example anti-bias training, projects, further education) • )

10. Approach of FADA • Aims: • Inform schools and actors around school on discrimination and sexual harassment in schools as well as its effects • Raise awareness on legal obligations of schools and school authorities • Assist schools in setting up internal complaint mechanisms • Assist civil society organisations and state actors to set up external complaint mechanisms  lobby work

11. Approach of FADA • Target groups: • Civil society organisations working with schools (e.g. parent associations) • Specialised NGOs working on discrimination in schools and anti-discrimination counselling services • School administration and school staff • Pupils • Trade unions for teachers (GEW)

12. Approach of FADA • Activities: • Workshops • Lectures/Talks • Papers in professional journals • Counselling of NGOs and public stakeholders • Cooperation with trade union of teachers • Promote networking and exchange • In depth information guide on anti-discrimination measures for schools and possible complaint structures (forthcoming)

13. Internal andexternalcomplaintstructures

14. Internal complaints management • Basic Points: • Fulfil obligations of the Equal Treatment Act and establish complaint mechanisms for teachers and other school staff (e.g. several schools together, local school administration; • Establish complaint mechanisms for pupils and parents: • Pupils and parents as first points of contact (e.g. student body) • Social workers and liaison teachers as contact points • Transparent mechanisms for handling of complaint & protection of complainant • Involvement of pupils, parents represented in mediation process and taking of discussions how to proceed on the issue • Cooperation with professional antidiscrimination counselling (external) • Informing pupils and parents on complaint management  Where the complaint cannot be handled in the school reference to external complaints structure

15. Internal complaints management

16. External complaint structures I • Aim: • Awareness raising on discrimination and sexual harassment at schools • Dealing with complaints that cannot be solved at schools (e.g. access to school, mistrust in school structures) • Individual law enforcement • Identification of indirect and institutional discrimination • Providing support for school • Target groups: • Pupils and parents • Teachers and other school staff • Horizontal approach concerning all discrimination characteristics

17. External complaint structures II • Structure: • Independent and not bound by instructions • Strong position in state hierarchy • Legally secure mandate • Neutral • Transparent working procedures and complaint handling mechanisms • Easy accessible, barrier-free, multi-lingual approach • Granting anonymity • Publicly known • State financed • Qualified, interdisciplinary staff

18. External complaint structures III • Tasks: • Receiving complaints, informing on complaints procedure • Investigation of the complaints • Determination of the circumstances • Hearing of persons involved • Asking information from the school, inspection of records • Assessment of complaint and decision making • Recommendations of sanctions or other measures • Right to Mediation • Documentation of complaints • Cooperation with anti-discrimination counselling services • Providing schools with support on preventing discrimination

19. External complaint structures IV • Structure:

20. External complaint structures V • Outcomes so far: • Contact point for complaints concerning discrimination and sexual harassment in schools and Kindergarten in Rhineland-Palatinate (500 complaints per year) • Modell project on handling complaints regards discrimination in schools in Berlin • Planed model projects in Hamburgand North-Rhine-Westphalia • Several schools started to set up internal complaints structures

21. Questions - Discussion

22. Introduction • Background: • Girls and boys face discrimination based on their gender/gender identity in schools • Several NGOs are working on this issue and address discrimination, stereotypes and cases of sexual harassment in school • Is gender discrimination in schools a topic? What cases do you know of ?

23. Questions - Discussion • Questions - Discussion: • What can pupils/parents do in the event of discrimination or sexual harassment in your country? • Do special counselling bodies exist? • Do you have external and internal complaint structures? • What problems do pupils and parents face to bring a case forward inside the school? • How can the topic of gender discrimination become a topic for schools?

24. Vielen Dank für Ihre Aufmerksamkeit! Antidiskriminierungsstelle des BundesGlinkastraße 2410117Berlin Nathalie SchlenzkaTel. 03018 555 1813E-Mail: Nathalie.Schlenzka@ads.bund.de ZentraleTel. 03018 555 1855E-Mail: poststelle@ads.bund.de www.antidiskriminierungsstelle.de