From hair policies to a strict knickers dress code for girls to enforcing mandatory school uniform rules, the SA Human Rights Commission (SAHRC) found that these issues violate a learner’s right to dignity and may result in a lack of access to education for some students.
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The SAHRC presented a report on its investigation into school uniforms to the portfolio committee on basic education after receiving an increase in reports of alleged over-regulation of school uniforms and student appearances.
In its report, the commission determined that there was no legitimate reason for regulating hair length, applying different standards to male and female students, prohibiting natural hair, enforcing gender-stereotypical uniforms, regulating the colour of girls’ hair and knickers, and treating appearance and uniform violations as disciplinary issues.
‘The regulation of girls’ underwear invades girls’ privacy and dignity, as there is no way to enforce it without grossly violating their rights. Notably, there are no references to policies or codes that prescribe boys underwear,’ said the SAHRC.
The commission determined that enforcing binary school uniform policies may be interpreted as enforcing traditional gender roles and norms, as uniforms frequently had different dress codes for boys and girls, potentially violating Section 9 of the Constitution and Section 9 of the Equality Act.
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It said: ‘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.’
The report received a mixed reaction from the portfolio committee and education advocacy groups.
Pila-sande Mkuzo, junior attorney at the Equal Education Legal Centre, told IOL that the SAHRC report highlighted the urgent need for national guidelines and policies governing school codes of conduct.
‘The finalisation of the Sexual Orientation, Gender Identity Expression, and Sex Characteristics Guidelines is long overdue and essential to ensuring the protection of all learners.’
The committee chairperson welcomed the report, but the committee did not support the SAHRC’s deadline for the Department of Basic Education (DBE) to implement its recommendations.’
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‘We note that some of the findings, like the one pertaining to the price of uniforms, are not within the mandate of the DBE to regulate.’
In its recommendation, the commission suggested that the DBE conduct an assessment to determine a cap on the costs of basic school uniforms, taking into account socio-economic circumstances.
‘Binding directives may be issued, emphasising that expensive items like blazers are not compulsory.’
The SAHRC has informed the committee about the issues they uncovered during their inquiry into the excessive regulation of learners’ hair. These issues include the ‘two-finger’ policy for black male learners as well as anxiety caused by disciplinary action taken against students with contentious hairstyles, such as braids. The complaints raised highlighted historical biases rooted in Eurocentric norms that stigmatise African hairstyles.
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