Reference: Published by Zolani Sinxo (IOL), 7 March 2024
In Cape Town, the South African Human Rights Commission (SAHRC) has raised concerns about several aspects of school policies that infringe upon students’ dignity and could hinder their access to education. These concerns range from strict rules regarding hairstyles to enforcing a rigid dress code for underwear, all the way to gender-stereotyped uniforms.
Presenting its findings to the portfolio committee on basic education, the SAHRC highlighted a surge in reports regarding excessive regulation of school attire and student appearance. The commission’s report identified various practices, such as dictating hair length, imposing different standards based on gender, prohibiting natural hairstyles, and regulating the color of girls’ hair and underwear. Additionally, it criticized the treatment of appearance-related issues as disciplinary matters.
According to the SAHRC, regulations regarding girls’ underwear violate their privacy and dignity without offering a feasible method of enforcement, especially when compared to the absence of similar regulations for boys. Moreover, the commission argued that enforcing binary uniform policies reinforces traditional gender roles, potentially violating constitutional principles and equality laws.
The report’s reception among stakeholders was mixed. Pila-sande Mkuzo, a junior attorney at the Equal Education Legal Centre, echoed the SAHRC’s concerns, noting that discriminatory practices related to school uniforms and appearance often lead to unfair treatment and exclusion of students.
Mkuzo emphasized the urgent need for national guidelines on school codes of conduct, highlighting the delayed finalization of guidelines addressing sexual orientation, gender identity expression, and sex characteristics. While the committee chairperson welcomed the report, the committee did not endorse the SAHRC’s proposed deadline for the Department of Basic Education (DBE) to implement its recommendations.
The SAHRC recommended that the DBE conduct an assessment to establish a maximum cost for basic school uniforms, taking into account socioeconomic factors. Additionally, it suggested issuing directives to ensure that expensive items like blazers are not mandatory.
During discussions, historical biases rooted in Eurocentric norms regarding hairstyles for black students were brought to light. Baxolile Nodada, spokesperson for the DA Basic Education, emphasized the need for inclusive policies that respect students’ cultural and socioeconomic diversity while maintaining a neat appearance.
Nodada stressed the importance of school uniforms for student safety but also advocated for flexibility in hairstyle regulations to avoid perpetuating societal inequalities. He emphasized the need to protect and respect students’ diverse backgrounds, as enshrined in South Africa’s Bill of Rights and Constitution.
In conclusion, the SA Human Rights Commission’s investigation highlights concerns over school uniform policies impacting students’ dignity. Recommendations for national guidelines, cost assessments, and inclusive regulations underscore the need for a fair and accessible education environment, promoting dialogue and positive change.