Practices like regulating girls' underwear were not only abhorrent but also invaded privacy, and enforcing binary school uniform policies may reinforce traditional gender norms and discriminate between boys, girls and gender-nonconforming pupils.

According to the commission’s School Uniform and Overregulation of Appearances report released on Thursday, such discrimination was considered unfair as it impaired human dignity, affected pupils' positions in society, and had a significant and systemic impact.

Accommodations for pupils to express their religions and cultures within compulsory school uniforms were crucial, with a lack of a clear accommodation process violating pupils' rights.

The inquiry found that:
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. The two-finger test on pupils' bodies and the monitoring of the colour of girls' underwear violate the Constitution's emphasis on the best interests of the child.

According to the commission’s report, the findings have broad implications for all school uniform and appearance policies, be it public or private schools, calling on private school authorities to align their policies with constitutional principles.

The commission launched the inquiry in March, in the Eastern Cape, following complaints received by the commission regarding allegations of excessive regulation of pupils' appearances and school uniforms in institutions of learning.

The inquiry also considered instances of alleged discriminatory practices by teachers concerning pupils' natural hair and religious and cultural symbols, and requested for gender-neutral school uniforms, some of which attracted media attention.

The commission has recommended that the national department of basic education immediately abolish any hair policies that differentiate between male and female pupils.

This includes eliminating any practice that discourages or subjects African pupils to disciplinary procedures for wearing afros, braids, or any other natural hairstyle chosen by the specific pupil.

All pupils must be allowed to wear any item of clothing that forms part of the approved school uniform, regardless of their sex or gender identity and that gender-neutral uniform options must be provided to accommodate gender-nonconforming pupils.

The report stated:
The practice of prescribing underwear for female pupils must be eradicated and condemned, and pupils and caregivers should be encouraged to report any invasive monitoring to law enforcement agencies for investigation.

The commission ordered that, within six months, the department must conduct an audit of all school codes of conduct to determine whether they include deviation and accommodation processes that allowed pupils to express their culture, religion and beliefs.

The department must also 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 department should consider issuing binding directives to provide for this minimum framework.

The assessment, the report states, should also consider whether the prescribed regulation uniforms are conducive to the South African demographic and the best interests of the child.

According to the report:
The [department of basic education] must amend the uniform guidelines to include the findings of this report and should consider binding directives instead of guidelines to prevent non-compliance.


Where applicable, the department and provincial departments of education must also provide the commission with a report on how these concerns have been addressed or plans to address the directives and recommendations within eight months after issuing this report.

The commission added that the report should include clear timeframes and action items for each directive and recommendation.

Source: News24