A primary school situated in Somerset West has been taken to the Equality Court by concerned parents, for alleged transgender discrimination.
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Parents of the transgender boy have resorted to suing the school for a total of R100 000 on the basis of discrimination.
The discrimination specifically concerns the swimwear and bathroom access of their transgender son.
Last year, the parents were told that the then 8-year-old child would have to wear ‘unisex swimwear, covering the upper part of the body.’ The governing body of the school expressed concern that ‘social discomfort’ would arise should the child wear boys’ swimwear.
The application of the parents is to be heard in the Equality Court, and the mother and son have since relocated to Switzerland.
In their application, the parents are asking for an amendment of both the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) to include ‘gender identity and gender expression.’
Furthermore, they are demanding that the school and its representatives issue an unconditional apology to their son.
The R100 000 that is being claimed has been referred to as ‘compensation for the impairment of their son’s dignity and his emotional, physical and psychological pain and suffering.’
In addition, the father of the boy claimed that the school initially granted permission for the child to express his gender identity but then proceeded to restrict this expression and differentiate between the boy and his classmates.
These actions spurred the family to remove their son from the school as well as the country.
The mother claimed to have been ‘forced’ into making the decision to emigrate.
She went on to comment that the boy initially enjoyed the school but when the alleged discrimination arose, the boy began to refuse to attend school. He further changed his sleeping patterns and began throwing tantrums and having nightmares.
Disciplinary action was threatened when the child attempted to use the boys’ bathroom. As such, the child did not make use of the school toilets, which ultimately caused a urinary tract infection.
Despite multiple discussions, which included the provincial education department, the SA Human Rights Commission and the Commission for Gender Equality, a resolution was not reached.
Due to financial constraints, moving the child to a more gender-inclusive private school nearby was not an option.
According to the boy’s mother, the lack of national and provincial gender inclusivity policies further aggravated the circumstances.
The mother and son moved to Switzerland to ‘be in an environment that allows him to express his gender identity free from harassment and intimidation’ reports News24.
Respondents to the matter commented that the declaratory relief sought by the parents will have no practical effect and are thereby likely moot because the boy has already left the primary school.
The respondents did, however, agree that an apology could still have a positive impact on the child, regardless of his current location.
When commenting on the matter, Philip de Bruyn, the chairperson of the governing body, claimed that the school once tried to accommodate the applicants but ultimately it no longer proved viable.
He went on to say that the issue as it stands is one of public policy because it does not just affect this child and this school.
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Picture: Beaumont Primary School / Facebook