The draft guidelines on socio-educational inclusion in South African schools, which propose unisex toilets among other things, are yet to be published, but have already received widespread pushback and criticism.

Following the recent leaking of the draft document, the Department of Basic Education (DBE) has been at pains to explain that the consultation process is still underway and that the guidelines will be published in 2023 so that ‘the public can engage on this matter’.

The DBE told Caxton Local Media today that the many emotive comments are based on a document that has not yet been released officially.

“There’s no push to impose unisex toilets; this must be stated as a point of fact,” said DBE spokesperson Elijah Mhlanga.

“These are guidelines, not policy or law; they should be applied where necessary and practical. It’s not for universal implementation.”

The time for public comment will come, said Mhlanga, and ‘everybody interested will be expected to send comments’.

“The challenge of the current landscape is that the debate is based on half-truths from the media who obtained a leaked document, which has since changed,” he added.

“The focus is on discrimination perpetrated against some learners based on gender. It’s more a social inclusion matter than an issue of toilets.”

Acceptance of diversity

Mhlanga said the truth is that learners in schools are bullied simply because of their gender identity. “When the department shares its anti-bullying messaging, bullying and discrimination on any basis are being referred to.

“We also are educating in the classroom so that we have learners who can deal with entrenched societal biases that trouble them daily.”

Some of the recommendations in the draft guidelines to make schools more inclusive and accessible for children across the gender spectrum are:

• The provision of genderless/unisex toilets and changing rooms
• Individual stalls, redesigned bathroom signs and more cubicles
• Teachers to avoid segregating pupils into ‘boys and girls’ groups, classes or lines
• Gender-neutral uniforms
• The outlawing of ‘deadnaming’, meaning a student identifying as a different gender and who has changed his/her name cannot be called by their previous name.

Petition

One of the most outspoken critics so far has been Cape Town resident Rudayba Rasool. An online petition she started, ‘No to unisex bathrooms for schools in South Africa’, has already garnered more than 91 700 signatures (November 21). According to Rasool, “Toilets are private and suggesting that girls and boys share toilets will bring about many social ills. As a responsible parent, I cannot condone or approve this.”

Reactions

In his reaction, Basil Manuel, the executive director of the National Professional Teachers’ Organisation of South Africa (Naptosa), told Caxton Local Media that Naptosa has not seen the draft guidelines and the divisive responses so far have been premature.

“Naptosa wants to see the draft first before making a full statement. However, democracy is an all-inclusive philosophy. It creates discomfort when existing norms are challenged. The issue of unisex bathrooms is challenging to existing norms, hence the reaction.

According to Fedsas, the national representative organisation for governing bodies of South African schools, the primary objective of any school is to provide quality education to all learners. This obligation must be met, regardless of a student’s sexual orientation, religion, culture, or any other factor.

Juané van der Merwe, Fedsas deputy CEO and head of legal services, says if accommodating a particular practice would impose an unreasonable burden on the school, the school may refuse it.

“In the event that a school lacks the financial resources to establish or convert a bathroom into a gender-neutral bathroom, the request may be turned down.  Alternatives must, however, be considered to accommodate the learner in a reasonable manner. For example, the learner may be permitted access to a restroom that will provide privacy and ensure their safety and dignity.

“As the circumstances differ from school to school, the school must work closely with parents to support and implement accommodations required to serve the learners’ best interests.”

Dr Hermien Olivier, a senior lecturer at Unisa, says parents and school governing bodies should be consulted.

“I am of the opinion that all schools, if possible, should have one designated, private, unisex/gender-neutral toilet, not including a urinal, that can also serve as a disability toilet, and the rest should stay as is. It is going to be difficult in some of our schools, especially where space and resources to make adjustments are not always available.

“Safety of children should be important, especially girls, but the possible embarrassment of learners if they use facilities that do not adhere to their gender identity inclusion should also be considered.

“Perhaps one should start with these unisex toilets on tertiary level, for example at universities and TVET colleges, before schools?”