Mixed reaction to SAHRC ruling on non-gendered school uniforms

The recent finding by the South African Human Rights Commission (SAHRC), that gendered school uniforms constitute unfair discrimination, has been met with a mixed reaction, with teacher union National Professional Teachers’ Organisation of South Africa (Naptosa) saying the entire matter on gender-neutral uniforms has been blown out of proportion.

Naptosa’s executive director Basil Manuel, who participated in the SAHRC hearings over the issue, said: “This is not an issue of boys wanting to wear skirts or girls wanting to wear pants. These children want to feel comfortable. They want to wear something that doesn’t make them stand out and stick out as different.”

According to Manuel, there is a need for an in-depth discussion on the issue of gender-neutral uniforms.

“To be accommodating is one thing but one cannot change the entire culture of a school by making everyone look the same,” he said.

He added this is a topic that needs to be discussed sensitively.

“The report from the commission fails to understand the reality in school by saying we should have one uniform in school. I agree, uniforms are expensive and we, perhaps, need to try and limit the cost of uniforms but we mustn’t get carried away with these things, which skew the whole picture,” he said.

The report

The SAHRC tabled a report on its investigation into school uniforms before the portfolio committee on Basic Education this week.

The inquiry exposed discriminatory practices against gender non-conforming learners, which according to the SAHRC, contravened constitutional protections. The commission recommended that uniform policies allow learners to dress according to their gender identity and expression.

The Uthingo Network, formerly known as the Gay and Lesbian Network, an organisation that advocates for the rights of LGBTI+ people, welcomed the SAHRC’s report. It said the report’s findings highlighted the urgent need for inclusive national guidelines on school uniforms.

Brian Sibeko-Ngidi, the director of the Uthingo Network, said the overregulation of learners’ appearance, including hair and uniforms, perpetuates discrimination and violates their rights.

“Enforcing gendered dress codes not only hampers individual expression but also reinforces outdated gender stereotypes, potentially violating constitutional principles,” he said.

Ngidi added the call for the finalisation of guidelines on sexual orientation, gender identity and expression is crucial in ensuring the protection of all learners in their diverse sexual orientations, gender identities, expressions and sex characteristics.

He said South Africa needs guidelines that will reflect a commitment to inclusivity.

Findings welcomed

A learner from Pietermaritzburg, who had allegedly been bullied by school staff and teachers over her sexual orientation and for choosing to wear pants instead of the compulsory skirt, also welcomed the SAHRC’s findings.

Speaking to The Witness, the Grade 10 learner’s cousin said they were very happy in her new school, which has a more inclusive uniform. “At her new school the girls have their own pants and skirts or dresses and the boys have their own uniform,” she added.

She said it was sad that children had to face bullies over their sexual orientation in this day and age.

“Teachers and staff, especially the older ones, need to be educated and be made more aware of the changing times, as more people feel comfortable to express their identities. All they want to do is be comfortable.”

Discussion looms

Bongumusa Mnguni of the National Association of School Governing Bodies in KZN said they intend to discuss and unpack the SAHRC report with parents and various stakeholders.

“The job of school governing bodies is to make sure all people are heard and to protect the rights and voices of the children,” added Mnguni.