The Inquiry endeavoured to ascertain whether there was an excessive regulation of school uniforms and learner appearances, and to determine if such regulation unjustifiably infringed upon the learners' fundamental human rights to inter alia education, equality, freedom of expression and dignity as enshrined in the Constitution.

Key Findings and Analysis

Right to Dignity: School uniform and appearance policies can infringe on learners' dignity in various ways, including by regulating hair length, enforcing gender-stereotypical uniforms, and treating appearance violations as disciplinary issues. Binary school uniforms may oppress individuality and limit self-expression. The cost of school uniforms can be prohibitive, possibly leading to discrimination. Practices like regulating girls' underwear are abhorrent and invade privacy, with no relation to and/or impact on the right to education.

Right to Equality: Enforcing binary school uniform policies may reinforce traditional gender norms and discriminate between boys, girls, and gender-nonconforming learners. Such discrimination is considered unfair, as it impairs human dignity, affects learners' position in society, and has a significant and systemic impact.

Right to Freedom of Belief, Religion, and Opinion; Right to Culture and Language: Accommodations for learners to express their religions and cultures within compulsory school uniforms are crucial. A lack of a clear accommodation process may violate learners' rights.

Right to Freedom of Expression: The right to freedom of expression can be limited in certain circumstances. School uniform policies may be justified to limit self-expression if they are affordable, reasonable, and non-discriminatory.

Best Interests of the Child: The two-finger test on learners' bodies, and the monitoring of the color of girls' underwear violates the Constitution's emphasis on the best interests of the child.

Applicability: These findings have broad implications for all school uniform and appearance policies, regardless of whether they are in public or private schools. Private school authorities must align their policies with constitutional principles.

Recommendations

The SAHRC issues the following directives and recommendations:

Immediate Reforms:

Differentiating hair policies between male and female learners:
The National Department of Basic Education must immediately abolish any hair policies that differentiate between male and female learners. This includes eliminating any practice that discourages or subjects African learners to disciplinary procedures for wearing Afros, braids, or any other natural hairstyle chosen by the specific learner.

Gender-Stereotypical Use of School Uniform Policies:
All learners must be allowed to wear any item of clothing that forms part of the approved school uniform regardless of their sex or gender/gender identity. Gender-neutral uniform options must be provided to accommodate gender-nonconforming learners.

Prescribed Underwear for Female Learners:
The practice of prescribing underwear for female learners must be eradicated and condemned, and learners and caregivers should be encouraged to report any invasive monitoring to law enforcement agencies for investigation.

Within Six Months:

Audit of Codes of Conduct:
The NDBE/Provincial Departments of Education (PDE’s) must conduct an audit of all school codes of conduct to determine whether they include deviation and accommodation processes that allow learners to express their culture, religion, and beliefs.

Baseline Assessment and Cap on Uniform Costs:
The NDBE must conduct a baseline assessment to determine a cap on the costs of any basic school uniform, taking into consideration the country's socio-economic circumstances. Furthermore, the NDBE should consider issuing binding directives to provide for this minimum framework. The assessment should also consider whether the prescribed regulation uniforms are conducive to the South African demographic and the best interests of the child. Factors to include in this assessment should involve an evaluation of whether school uniform materials and items are contributing to accessing basic education or if a compulsory standard uniform that caters to the physical and socio-economic needs of learners and their families is recommended based on current research. The NDBE should make it clear that expensive clothing, such as blazers, is not compulsory.

Amend the Uniform Guidelines:
The NDBE must amend the Uniform Guidelines to include the findings of this report and should consider binding directives instead of guidelines to prevent non-compliance.

Within Eight Months:

Reporting on Implementation:
The NDBE and, where applicable, PDE’s, must provide the Commission with a report on how they have addressed or plans to address the abovementioned directives and recommendations within eight months after the issuing of this report. The report should include clear timeframes and action items for each directive and recommendation.

The SAHRC's Inquiry emphasized the need for inclusive, rights-based school uniform and appearance policies in South African educational institutions. Urgent reforms are essential to safeguard the fundamental human rights of all learners. All stakeholders are encouraged to work collaboratively to create a conducive and respectful learning environment for all.

The full report can be accessed on this link:  https://www.sahrc.org.za/home/21/files/SAHRC%20SCHOOL%20UNIFORM%20REPORT,%20edited.pdf

Ends

For further information, contact the SAHRC Provincial Manager, Dr Eileen Carter @ 043 722 7828/072 638 9016 or email on This email address is being protected from spambots. You need JavaScript enabled to view it. and Zukiswa N Mqakanya @ 043 722 7828 or email on: This email address is being protected from spambots. You need JavaScript enabled to view it.