Eight-year-old learner faces discrimination over non-binary identity in South African school

A Grade 3 learner almost found herself in the cold after her new school prevented her from attending her classes due to her alleged non-binary sexual identity. Picture: Supplied

A Grade 3 learner almost found herself in the cold after her new school prevented her from attending her classes due to her alleged non-binary sexual identity. Picture: Supplied

Published 9h ago

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In spite of clear guidelines governing the rights of minorities including those belonging to the LGBTQI groups, learners in SA schools continue to encounter discrimination based on their sexual orientation.

This was evidenced by an eight-year-old Grade 3 learner, who for nearly three weeks since the re-opening of schools, found herself in the cold after her new school in Denver, Johannesburg, refused to let her take part in the curriculum allegedly due to her sexuality.

The young learner, previously with a privately-run school, was transferred to a public primary school due to family circumstances.

When she was to move to a public school, her grandmother, 60, approached the school for her granddaughter to be admitted. She immediately explained the child’s circumstances and was given the assurance that everything would be resolved as soon as the schools re-opened.

However, on her return in January, she was told that the school needed to engage the Gauteng Department of Education before a solution could be found, as the school premises had gender-specific public facilities.

“For three weeks, we had a problem when we were told that my granddaughter, who displayed signs of being lesbian at the age of five, could not be accepted without the approval of the district.

“So for three weeks, she could not attend school and this situation was unbearable as we were not sure what was going to happen to her. We were told that her sexuality made it difficult for everyone because she could not use the male toilets and the female toilets as this would be awkward for other children and her own safety and comfort as well... So, we waited until this week.

After three weeks, the grandmother revealed that the Grade 3 learner was eventually allowed to start her schooling this week, bringing a huge sigh of relief to the family.

“I am relieved because this problem was starting to affect us deeply as the child was accommodated without any issues at her previous school. I am glad that eventually there has been a positive outcome in all of this,” she stated.

A member of the school, who did not want to be named for fear of victimisation, condemned the isolation of the learner, saying: “ We have been engaging with the principal and told her that what she had done was not the right way of handling the situation. I was not aware that the child has returned to school, but this should not have happened in the first place,” the member said.

One of the parents, Michael Tladi, who had initiated a failed picket at the school, indicated that the community was not in support of what had happened to the learner.

“This is a public school and every learner should be afforded an opportunity to learn regardless of their sexuality. But the way, this was handled is not the right way,” he stated.

Tholo Motaung, an LGBTQI activist, indicated that while concerns of the school are understandable, there is no reason a child could be prevented from attending school as this is a right guaranteed by the Constitution.

“The impact of gender stereotypes begins early in childhood, shaping children’s sense of self and influencing their behaviour and interactions. From a young age, children receive implicit messages about what society expects from them and what they can or cannot do based on their gender.

“It is important to recognise that transgender and non-binary individuals have rights, and schools must ensure that these rights are respected. This includes fulfilling the constitutional obligation for the socio-educational inclusion of sexual minorities.

“The focus must be on actively eliminating gender discrimination in all spheres of society, particularly within the school environment, so that all learners feel safe, valued, and supported,“ Motaung stated.

According to the Guidelines for the Socio-Educational Inclusion of diverse Sexual Orientation, Gender Identity, Expression and Sex Characteristics (SOGIESC) in schools, “early learning environments are important places to help children feel safe and accepted, whilst being encouraged to reach their full potential as every child has a gender identity, along with their personal understanding of how they perceive themselves”.