New code protects gay and lesbian students

SCHOOLS will have to provide specific protection for gay and lesbian pupils under a new code of practice to be drawn up.

The code will aim primarily to prevent pupils suffering harassment or discrimination at the hands of classmates or teachers because of their sexual orientation.

But it will also help pupils take legal action by pinpointing gaps in school

safeguards and any failures to take effective action on their complaints.

Developing the code is a priority of the Equality Authority in its latest three-year plan, which will be officially unveiled by Justice Minister Michael McDowell today.

Along with the issue of sexual orientation, it will force schools to address racism, ethnicity, gender, religious diversity and accommodation for pupils with disabilities.

All safeguards and standards will apply equally to the behaviour of pupils towards other pupils, teachers towards teachers and interaction between the groups.

Equality Authority chief executive Niall Crowley indicated the authority would adopt a gentle approach with schools at first, and it will work with the Department of Education on a series of information leaflets detailing schools' responsibilities before drawing up the code.

Ultimately, however, it will mean schools which fail to protect pupils from name-calling or bullying related to a child's sexual orientation actual or perceived in the classroom or schoolyard leaves itself open to being sued under the Equal Status Act.

"Schools are already bound by the Equal Status Act to make sure no pupil or staff member suffers harassment or discrimination on any of the nine grounds laid out in the legislation, but it is a relatively new law and we're not convinced all schools are aware of their obligations under the Act," said Mr Crowley. "There is a relatively informal approach to these issues at the moment. Many schools feel they are doing their best when their best is not good enough. The legislation wants to move towards written policy and defined procedures. It reflects where some schools are at already but also where many schools need to be."

The code is one of a series of initiatives the Equality Authority wants to implement across a broad spectrum of society over the lifetime of its strategic plan for the years 2003-2005. An even greater priority is a code of conduct for access to licensed premises, which the authority is hoping to agree with the two main publicans organisations before the year is out.

Such a code has been mooted for some time but became urgent after last summer's blanket ban on Travellers in Co Mayo.