Abstract:

In this article the author argues that the Canadian judiciary, while affirming and protecting adults' right not to be discriminated against on the grounds of sexual orientation, has not done so to the same extent in the case of adolescents and children. And the few cases in which youth's rights related to sexual orientation have been implicated have usually been characterized as conflicts between the rights of adults and institutions, often based on religious belief. Judicial recognition of the right to freedom from discrimination based on sexual orientation in the school context, moreover, has been tied to what the author terms an inappropriate belief/conduct dichotomy that establishes too high a threshold, endangering the rights and even mental wellbeing and physical safety of students. The author expresses the need for proactive curricular measures that would affirm and reinforce for all the worth and dignity of gay, lesbian, bisexual and transgender youth.

Notes:

08382875

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