ABSTRACT
This chapter argues that some of the distinctive provisions of the Convention on the Rights of the Child (CRC), as currently interpreted, are ill-suited to respond to the challenges individuals who self-identify as LGBTI or are perceived as LGBTI face. It shows the limits of the right to education provision and suggests that the interpretation of the right to education could be updated in light of LGBTI individuals' specific experiences at school and the need to tackle the abuses individuals may face throughout the school system. The concept of LGBTI rights and particularly discrimination on the basis of sexual orientation and gender identity are new categories in human rights law. The best interests of the child clause (Article 3(1) CRC) – which imposes on states that in all actions concerning children, the best interests of the child shall be a primary consideration – is one of the distinctive features of the CRC.
