SAHRC Report on School Uniforms Investigation and Inquiry
The SAHRC report on school uniforms and appearance regulation in Eastern Cape highlights challenges affecting learners' rights and well-being. Key recommendations include capping uniform costs, revising discriminatory policies, and supporting gender diversity. The Department of Basic Education faces constraints in addressing these issues within 6 months, with stakeholders advocating for involvement of the Competition Commission.
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SAHRC REPORT ON THE INVESTIGATION AND INQUIRY INTO SCHOOL UNIFORMS AND THE OVER- REGULATING OF APPEARANCES (EASTERN CAPE) Briefing to the Portfolio Committee Tuesday , 05 March 2024
Presentation Outline 1.Purpose 2.Background 3.Discussion 4.Conclusion 5.Recommendation 2
Purpose To present to the Portfolio Committee the response to the SAHRC report on school uniforms and the over- regulation of schools. Departments appearance in 3
Background The SAHRC has undertaken an assessment of critical issues surrounding school uniforms and learner appearance policies. Issued in October 2023, the report brought to light various challenges that impact the rights and well-being of learners across the nation. Key recommendations from the SAHRC's report: 1. The necessity to cap the costs of school uniforms and for DBE to determine a reasonable cap to alleviate financial burden and support realisation of right to education. 2. Policies pertaining to learners hair especially where certain racial, gender and cultural groups are disproportionately affected in line with principles of dignity and equality. 3. Explore permissions for gender non-conforming learners to use gender affirming uniforms. 4
Discussion The price of school uniform is the domain of the Competition Commission. Whilst the determination of uniforms is the prerogative of the School Governing Body, that determination must be consultative, constitutional and human- rights-compliant such that it does not discriminate against certain individuals at school. Direction about learner appearances find expression in the School Codes of Conduct. The 2016 incident of learners hair regulation debate led to the conclusion that at the earliest realisation that the code of conduct is infringing on learners rights, it has to be revised. Sector guidance will be provided once the Protocol for the Elimination of Unfair Discrimination in Schools is finalised. In the context of gender identities, the DBE has worked with the ELRC, SACE, SAHRC, CGE and other stakeholders to consider a Draft Guideline for the Socio- educational Inclusion of Diverse Sexual Orientation, Gender Identity, Expression and Sex Characteristics (SOGIESC) in Schools, which will provide sector guidance on the matter of school uniforms among other aspects. 5
Conclusion The DBE was given 6 months by the SAHRC to address the issue. Constraints and limitations about this order and what is practicable on the side of the DBE have been communicated to the SAHRC. The DBE has been using engagement platforms with stakeholders to undertake consultations, obtain advice and collective sector position on the matter. Stakeholders expressed a perceived over-extension of designated powers of the SAHRC to order the sector in this fashion. The stakeholder advice is that the uniform price matter be deferred to the Competition Commission, who have jurisdiction and mandate over pricing matters. To alleviate the uniform price burden on families, the DBE could consider reviewing the necessity of the use of summer and winter uniforms (and possibly special uniforms for Grade 12) in schools. The SOGIESC Guidelines awaiting approval will provide sector guidance regarding school uniforms in relation to gender diverse learners in school. 6
Recommendation It is recommended that the Portfolio Committee notes the response by the DBE to the SAHRC report. 7
