SAHRC: Uniform policies must allow pupils to dress according to gender identity and expression

The South African Human Rights Commission (SAHRC) has found that in certain circumstances, school uniform and appearance policies infringe on pupils’ rights to dignity in South African schools.

Commissioner of the SAHRC Professor Tshepo Madlingozi presented the SAHRC School Uniform report’s findings and recommendations during a parliament briefing before the Portfolio Committee of Basic Education on Tuesday.

“After noting an increase in reports of alleged overregulation of the school uniform and appearances of pupils, the commission, through its Eastern Cape provincial office resolved to not only further investigate these matters, but also host an inquiry into allegations of discrimination against pupils in this regard,” said Madlingozi.

ALSO READ: SAHRC suffers defeat in court over hate speech finding against Malema

The inquiry occurred in March 2022 and was hosted in Gqeberha, with the participation of the Eastern Cape Department of Basic Education, the Office of the Premier, associations representing independent and private schools, labour unions, tertiary institutions and parents, among others.

Policies on hairstyles

During the inquiry, concerns were raised regarding gender-neutral policies, regulation of hairstyles, particularly for black students and the accommodation of cultural symbols.

The inquiry also exposed discriminatory practices against gender non-conforming pupils, which according to the SAHRC, contravened constitutional protections.

“In summary, the submissions collectively advocated policies fostering diversity, inclusion, and constitutional values within South African schools, emphasising the need for an inclusive, adaptable, and rights-respecting educational environment,” reads the report.

ALSO READ: Steve Hofmeyr served humble pie by SAHRC, says sorry for LGBTQIA+ remarks

Participants also submitted that extreme measures, such as the ‘two-finger’ hair policy for black boys and disciplinary actions for certain hairstyles or braids caused anxiety and stress.

Complaints highlighted biases rooted in Eurocentric norms, neglecting African hairstyles, which were historically stigmatised during apartheid.

“Policing African students’ hair is questioned, emphasising the need to critically examine such actions given the historical context,” reads the report.

The commission questioned the lack of sound research supporting hair regulation, with concerns raised about the subjective nature of ‘neatness’ standards and gender-based distinctions in hair length policies.

Policies on school uniforms

Although participants submitted that school uniforms improved discipline and academic performance, the SAHRC said research results on the subject were inconclusive.

“The Commission emphasises reservations about the direct correlation between school uniforms and improved discipline or academic performance, underscoring the need for further research on this subject.”

ALSO READ: SAHRC investigates shocking state of pit toilets in Limpopo school

According to the commission, schools in South Africa maintain a strict binary approach to uniform policies, which reinforce gender stereotypes and misogyny.

“These policies often regulate femininity, girlhood and sexuality, perpetuating patriarchal norms,” reads the report.

“Girls face detailed dress codes, including instructions on underwear, contributing to appearance policing. The binary approach excludes gender non-conforming learners, prompting concerns about discrimination against the LGBTIQ+ community.”

The commission has advocated gender-neutral uniform policies, allowing pupils to dress according to their gender identity and expression.

ALSOR READ: DA lays complaint with SAHRC over grant payment failure

It further urged schools to refrain from stricter enforcement against gender non-conforming students.

Findings

It found that there was no legitimate purpose for regulating hair length, applying different standards to male and female pupils, disallowing natural hair, enforcing gender-stereotypical uniforms, regulating the colour of girls’ hair and underwear, and treating appearance and uniform violations as disciplinary issues.

The cost of school uniforms can be prohibitive, leading to a lack of access to education for some pupils.

The regulation of girls’ underwear invades girls’ privacy and dignity, as there is no way to enforce it without grossly violating their rights. The policies were discriminatory as there are no references to policies or codes that prescribe boys’ underwear.

ALSO READ: 116 children died of malnutrition in Eastern Cape- SAHRC report

The enforcement of gendered school uniforms constitutes unfair discrimination, as it impairs human dignity, perpetuates stereotypes, and restricts pupils’ rights to express their gender identity freely.

Policing the length of boys’ hair while not applying the same approach to girls constitutes an infringement on the rights of boys to be treated equally.

Recommendations

The National Department of Basic Education and provincial departments have been given six months to audit all school codes to ensure pupils can express their culture, religion and beliefs.

They should also conduct a baseline assessment to determine a cap on the costs of basic school uniforms.

They must also amend the Uniform Guidelines to include the Uniform Report’s findings.

ALSO READ: July unrest: SAHRC finds no link between Zuma’s imprisonment and 2021 riots

Within six months, they must provide a report on addressing the recommendations, with clear timeframes and action items.

Although the commission acknowledges the role of SGBs and private school authorities, it emphasised the ultimate responsibility of the departments for compliance with human rights.