Written by: Pearl Kupe
Article Source: Supplied
In a judgement handed out in March 2017 in the case of Mphela v Manamela and others (2016), case no 1/2016, Seshego Magistrates Court, the Equality Court in Limpopo, a transgender secondary student was represented by the South African Human Rights Commission.
In this matter the boy testified that he identified as a girl and was using the girls’ toilet facilities as a result. The Court ruled that the school must provide a “safe, protective, and stress free environment” for all learners.
It is as a result of this case that the Western Education department has now developed guidelines. According to the Western Education department, the purpose of the guidelines is “to sensitise all public schools and school communities to assist in creating an educational environment that does not discriminate directly or indirectly against anyone on one or more grounds, including, gender, sex, sexual orientation, conscience, belief, culture and birth, among others”
Included in the drafted guidelines, is a provision allowing an LGBTQI learner to use the toilets and changing facilities that they are most comfortable with.
The Public is invited to submit comments. The W/Cape government published draft guidelines on Gender Identity and Sexual Orientation in Public Schools and invites public comment. Please email Adv Lynn Coleridge-Zils at Lynn.Coleridge-Zils@westerncape.gov.za
This case will set a precedent for schools in the whole of South Africa. If these guidelines are approved, the implications are far reaching in that, it means that biological males will be able to enter the toilet facilities and changing rooms of biological females.
Click here to read the full guidelines
Please go to the ForSA (Freedom of Religion, South Africa) website for more information on this matter. Or read Sexual & Gender Ideology Indoctrination Escalates At SA Public Schools!
Date published: 17/06/2020
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