The right to safe spaces

Your right to safe spaces

You have the right to certain levels of respect, service and care in the community, whether you are a student, an employee, a patient, or a client of any other institution or business. Here is information about what you 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 I 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.

You will know that you are in a safe space if you are provided the following:

Privacy

You have a right to privacy when it comes to your personal information. You may want to share certain personal information with your school, employer or health-care provider so that they may better serve your needs, but you are not required to tell them everything. This means that you can keep things like your medical history, your sexual orientation and your gender status to yourself 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 consent. In some cases, sharing certain information (e.g., medical information) is illegal without your consent.

Up-to-date record keeping

If you have legally changed your name and/or gender, your official records at an institution should reflect those changes. You may need to provide official documentation to your school, place of work and/or health-care provider so that they may make the appropriate changes in their files. This will help them prevent any mistakes in your care, how they serve you and how they address you.

Use of your preferred name and pronouns

No matter how you identify, it is important that the words you use to describe yourself are respected. How you are addressed can make a big difference in making you feel welcome. You have the right to be addressed by a name that feels comfortable to you and a pronoun that corresponds with your 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 may worry that you will face discrimination, which means experiencing unjust or unfair treatment based on your personal characteristics. Discrimination violates your 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 you are 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, parent or guardian so that people who support you are aware of the situation.
• Talk about the situation with someone in a position of authority like your 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 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

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

Flexible dress codes

Many schools and workplaces have a dress code. If you go to school and/or work for an employer that enforces a dress code, the dress code should be flexible and gender neutral. You 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 your school offers gender-segregated activities like physical education classes or sports programs, you have the right to participate in the activities that correspond with your 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.