Durban - The Department of Education has been at pains last week to explain its proposal for unisex toilets in schools, a move it says is based on ensuring children of diverse sexual and gender identities enjoy the education system like any other child.
The department came under fire for the proposal but has insisted that the matter had been blown out of proportion by the media.
This week the department said the backlash may have sparked by consultations under way on the Guidelines for the Socio-educational Inclusion of Diverse Sexual Orientation, Gender Identity, Expression and Sex Characteristics in schools.
Department of Education spokesperson Elijah Mhlanga said the narrow focus on “unisex toilets” was unfortunate as it missed the bigger debate on the elimination of gender discrimination in all spheres of society and specifically creating a socially conducive and welcoming environment in schools.
“The document used in the media reports is actually under consultation. It asks pertinent questions about inclusion of sexually and gender diverse children pertaining to school admission, curriculum, co-curricular programmes, uniforms, and facilities.
“It is not entirely true that the department is proposing unisex toilets. Instead, the department is probing relevant response mechanisms to ensure the constitutional obligation for socio-educational inclusion of sexual minorities, and avoid the currently overwhelming litigation,” Mhlanga said.
He said that the guidelines had come as a result of the violation of human rights and discrimination perpetrated against children of diverse sexual and gender identities whether intentional or unintentional and the litigation that provincial education departments had to deal with relating to this matter.
“It was clear that although we have an unambiguous constitution and inclusive education policies and legislation, schools needed an instrument that would help them avoid violation of children's rights,” Mhlanga said.
Political parties have also weighed in on the proposal for unisex toilets in schools with parliamentary leader of Al Jama-ah, Ganief Hendricks, saying government should instead focus on establishing safe separate bathrooms for boys and girls.
“This is a direct assault on the constitutional rights of learners coming from homes with religious, faith and cultural objections to LGBTQ (Lesbian, gay, bisexual, transgender and queer).
“God fearing citizens must stand up against these atrocities as in our silence we would be leaving a disgraceful legacy for the future generations. Already learners are not safe in the bathrooms at schools and unisex bathrooms will further encourage such attacks,” Hendricks said.
Ahmed Munzoor Shaik Emam, NFP member of Parliament, told the Sunday Tribune’s sister paper The Star that there was a need to question the age appropriateness of the suggestion and the overexposure of younger learners to those of the opposite gender in private spaces such as a toilet.
“Additionally, we believe this will reduce teacher and learner class contact time, as teachers will now need to spend more time monitoring boys and girls in the toilets, rather than teaching,” Shaik Emam said.
Nomarashiya Caluza, provincial secretary of Sadtu in KwaZulu-Natal, said that issues of this nature needed some form of engagement with parents so that their views were heard and considered when a decision was taken.
“School governing bodies are better placed to make inputs on this issue of unisex toilets as the department did with the supply of condoms in schools. Issues of discrimination are broad and the department must seek to address all not some,” Caluza said.
She said that learners with disabilities should also be considered as they may find that these toilets were structurally not accessible for them.
“In our view the department should have understood that there are other vulnerable groups which the LGBTQ is part of and as such should have looked at other ways of addressing their exclusion in schools,” Caluza said.
Johannesburg-based gender equality group Iranti, which advocates for and defends the rights of lesbian, intersex and transgender people, called on the government to provide gender neutral bathrooms, gender neutral hospital rooms, gender neutral detention centres and inclusive forms in all government departments.
SUNDAY TRIBUNE