The South African Human Rights Commission (SAHRC) in the Eastern Cape has given the national and provincial education departments six months to “rectify” their uniform policies and guidelines to accommodate gender non - conforming.
This follows an enquiry and report on the regulation of learners’ appearances and school uniforms.
In findings released recently, the SAHRC concluded that uniform policies that reinforced traditional gender norms led to discrimination and challenges for gender non-conforming and transgender students.
“The enforcement of gendered school uniforms constitutes unfair discrimination, as it impairs human dignity, perpetuates stereotypes, and restricts learners’ rights to express their gender identity freely.
“All learners must be allowed to wear any item of clothing that forms part of the approved school uniform regardless of their sex or gender/gender identity.
“Gender-neutral uniform options must be provided to accommodate gender non-conforming learners,” the commission said.
Gendered uniform discrimination was considered unfair as it impaired human dignity, affected pupils' positions in society, and had a significant and systemic impact, the commission’s School Uniform and Over-regulation of Appearances report found.
The commission launched an inquiry in March in the Eastern Cape, following complaints of excessive regulation of pupils’ appearances and school uniforms in institutions of learning.
The inquiry looked into instances of alleged discriminatory practices by teachers concerning pupils' natural hair and religious and cultural symbols, and requested for gender-neutral school uniform.
The departments are also required to submit reports detailing their compliance with the commission's directives within eight months.
Eastern Cape Education Department spokesperson Malibongwe Mtima said they were studying the report. “We are aware of the report and the department is closely studying the recommendations with a view to ensure that all our policies and prescripts dealing with school uniform is not discriminatory to any learner,” he said.
Department of Basic Education spokesperson Elijah Mhlanga said: “We will read the report and respond accordingly at the right time.”
OUT LGBT Well-being said they applauded the Eastern Cape Provincial Office of the SAHRC for its comprehensive inquiry and report.
The organisation, which is one of the stakeholders consulted in the SAHRC’s inquiry, has been a vocal advocate for the Department of Education to establish binding guidelines that eliminate “outdated and inflexible” uniform policies that they said created an unwelcoming and exclusionary learning environment for LGBTIQ+ learners.
OUT’s human rights co-ordinator Sibonelo Ncanana said: “The SAHRC has now made it unambiguously clear that it’s time for South African schools to be inclusive of all learners, in line with our Constitution and the Equality Act which prohibit discrimination based on gender and sexual orientation. To flourish in an educational setting, learners must feel secure and free to express their true selves.
“Institutionalised policies that serve no legitimate educational purpose and only restrict the right to education and dignity must end now.”
Cape Times