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Photo: Getty Images
Photo: Getty Images

ParentsAugust 1, 2018

Forcing every student to wear trousers won’t make schools more equal

Photo: Getty Images
Photo: Getty Images

The topic of gender-neutral school uniforms, diversity and equality never seems to be far from the news. And it’s a topic that seems to rile people up for strange reasons. Rogena Sterling looks at the myths and truths around school uniforms and gender diversity and equality.

Last month, UK media reported that skirts had been banned at schools across England. The ensuing debate threw up plenty of questions about the thinking behind the ban: Was this about gender-neutral uniforms? Was it about inclusivity of transgender students? Was banning skirts in fact sexist?

As the myths and misinformation began to pile up it seemed clear there needed to be a better discussion of how school uniforms can be used to encourage equality and inclusivity.

So let’s start with the big question: What are gender-neutral uniforms? And why would a school use them?

It’s not a new initiative for education departments and schools to require gender-neutral uniforms. Writing in the Guardian, columnist Chitra Ramaswamy argues that a gender-neutral uniform policy makes sense where bullying is rife and there is a commitment to equality and inclusion of transgender pupils. The reasons seem obvious, she says: “The changes in uniform policy are attempting to address bigger issues – misogyny, upskirting and sexualisation.” But she thinks that banning skirts is not the answer: “a gender-neutral approach would be much wiser”.

But is there such a thing as a gender-neutral uniform? Quoting Ian McEwen’s novella The Cement Garden, Guardian columnist Ellie Mae O’Hagan considers the mentality that leads schools to make boys’ uniforms the default: “Girls can wear jeans and cut their hair short and wear shirts and boots because it’s OK to be a boy; for girls it’s like promotion. But for a boy to look like a girl is degrading, according to you, because secretly you believe that being a girl is degrading.”

Trousers are not gender-neutral. To take that stand is to enforce a modern masculine ideal – a Western one – as standard. Until recently, in many nations around the world, males and females all wore skirts. That was the norm. Trousers may be more suitable in some cases in sport or in the playground, but they definitely are not gender-neutral.

There is simply no such thing as a gender-neutral uniform.

The second myth that must be challenged is that banning skirts promotes equality and decency. Let’s take the equality issue first. Playing sport is not a uniform equality issue: most schools have a separate sport uniform that usually includes shorts or trousers for girls. And although some girls may feel more comfortable in trousers on the playground, it does not mean that all do or should.

The media coverage of the UK skirt ban also noted that one of its aims was to be inclusive of a small but growing number of transgender students. However, the complete ban on skirts in favour of ‘gender-neutral’ uniform (ie, trousers) is not the answer for transgender students – in fact, it’s likely that being unable to wear skirts could further alienate many such students. On the contrary, students should be permitted to wear a uniform that is chosen based on their gender identity.

Some schools have taken a different approach to transgender equality. At Lincoln High School and Beckenham Primary School in New Zealand, students can simply choose which uniform they’re most comfortable in. Making everyone wear the same thing is one type of equality, but it is not the type of equality being sought. Sure, some girls may want to wear trousers, but that does not mean that all girls do – and denying skirts to transgender girls who want to wear them is only going to do more harm than good.

The second issue is that of decency and the length of skirts. Some schools have banned skirts because they consider them “’undignified and embarrassing’ for staff and visitors when girls sit on the floor in assemblies and drama classes”. Other situations in which skirts might be deemed unsuitable, according to Chitra Ramaswamy, include school playgrounds and the “sexualised and vaguely threatening atmosphere” of secondary schools. Here in New Zealand, a hemline inspection was implemented at Henderson High School in 2016 on the basis that too-short skirts could be a distraction for male teachers and students. As one of the girls who protested the inspection said, she had no problem with the rules themselves but did take issue with the reason behind them: that girls’ bodies were “sexual and distracting.”

As Ramaswamy says, there’s a “Victorian whiff” about these school uniform policies. A line can be drawn from suggestions that skirts help sexualise female bodies all the way to ‘rape culture’ and the victim blaming of those who have suffered sexual assault. Besides, if any teacher – or student for that matter – sees a girl’s leg in any way ‘too sexual’, then as a petition against one of the UK skirt bans notes, “they should be sacked immediately for gross misconduct.” Banning skirts is not the answer to the sexualisation of girls – doing so merely enhances its negative impacts.

There is certainly a mix of views on this, but surely we can all agree that school uniforms should respect the dignity for all children while not leaving any out. Rather than forcing all pupils to wear trousers, students should all have the option of wearing skirts or trousers, regardless of gender.

A good example is Dunedin North Intermediate, which has introduced a new non-gendered uniform code. Their uniform can be worn by all students, and includes five options: shorts, long shorts, a kilt, trousers, or culottes. Meanwhile, some Japanese schools allow students to “freely choose whether to wear skirts or slacks or ties or ribbons with blazers, regardless of their sex.”

I believe this is the answer to issues of equality for students. Non-gendered uniforms are based on dignity and choice. As author and activist Naomi Wolf says, if everyone is offered the option of both skirts and trousers, everyone can find his, her or their comfortable fit.

This is true equality, in which all students have the dignity of choice.

Dr Rogena Sterling is a specialist in Identity, Intersex, Equality and Human Rights currently researching Māori law and the environment at the University of Waikato.

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(Image: supplied).
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ParentsJuly 31, 2018

The girl with the broken bones goes home: an update

(Image: supplied).
(Image: supplied).

The family whose two children were taken by Oranga Tamariki has finally been reunited. Joris de Bres documents the family court’s ruling to return their daughter.

Little Emma, the girl with the broken bones, turned two this week. The next day the Family Court discharged the custody order which had been in place since she was taken from her parents in September 2016 at the age of six weeks. It was the best of presents.

Emma was taken into state custody because hospital staff discovered a number of healing fractures which must have occurred between birth and her hospitalisation for an unrelated condition at five weeks. Her parents were suspected of child abuse, but subsequent tests revealed that in fact she had osteogenesis imperfecta, more commonly known as brittle bones. Despite this, Oranga Tamariki retained her in custody and took away her baby brother Liam as well when he was born a year later.

Agreement was finally reached in January this year that Liam would be returned to his parents. The possibility of Emma’s return was also mooted, depending on whether the medical experts on both sides could agree that brittle bones provided an explanation for the original fractures. A process for her return began in May.

In advance of the Family Court hearing this week, all parties agreed to apply for a rehearing of the original declaration that Emma was in need of care and protection and for the custody order made by the court in 2016 to be discharged.  Support orders will continue in place pending any rehearing, but these are intended to provide the family with assistance rather than separation.

The sad thing is that the whole process has taken nearly two years when it should arguably never have happened in the first place. Emma had some of the classic symptoms of brittle bones when her fractures were first discovered – fractures that had already started to heal and had not been noticed by anyone (including medical staff on earlier admission to hospital), pronounced blueness of her eye whites, and x-ray evidence of “wormian bones”.

Baby Liam, and his sister Emma (photo: supplied).

A test for brittle bones was only called for several month later when a GP noticed her blue eye whites and recognised them as a symptom. While Oranga Tamariki’s medical experts accepted the diagnosis they initially continued to dispute that brittle bones had caused the fractures. After evidence was obtained by the parents’ lawyers from overseas experts, it was gradually accepted that brittle bones was a probable cause.  

The discharge of the custody order is a new chapter in the life of this family. But nothing will be able to erase the experience of having two babies taken away from them by the state at birth or soon after and not having them in their care, for most of the first two years in the case of Emma, and for the first six months in the case of her baby brother Liam.

One wonders how many other parents this might have happened to. Internationally, there are documented cases of brittle bones being confused with child abuse.  

Next week, in the Blenheim District Court, a young couple are facing charges of neglect for failing to get medical help for a skull fracture and other injuries to their baby. They were charged in March last year and their baby was taken into custody. Their lawyers have obtained medical evidence that this too is a case of brittle bones, but have not been able to have the evidence considered by Oranga Tamariki’s medical experts. At the court on 10 July, Judge Bill Hastings set the case for 6 August and called for Oranga Tamariki to attend to explain the delay. He said “Already we’ve been 15 months with nothing happening. It’s not acceptable… We need an explanation why 15 months have gone by.”

Judge Hastings’ impatience is commendable. Whether or not brittle bones offers an explanation in this case I don’t know. For Emma and Liam’s parents, and for others I have spoken with, 15 months is not a long time for these matters to be dealt with in the Family Court or the District Court – but it’s a terribly long time to be without your children and without knowing whether you’ll ever get them back.


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