Question

QUESTION 1 Ms Eve (her name has been withheld as she is a minor) is a grade 11 learner. In her first three years at high school she was very rebellious and constantly flouted school rules. She recently became very religious and has started wearing a head scarf to school with her existing school uniform. She has been warned verbally by her class teacher and the principal that this is in contravention of the school's strict rules regulating uniforms. On 01 March 2013 her parents receive a letter from the school stating that she is required to comply with the with school uniform rules which provide that only 'school hats may be worn with school uniforms and designated white sport hats with sports uniforms. No other head gear may be worn by learners. The letter informs Ms Eve's parents that a head scarf is not a school hat and may not therefore be worn at the school. The letter states further that the school's reasons for its approach are: a) The school's uniform policy serves the purpose of ensuring that learners are neat and tidy for school. It also ensures that all learners wear appropriate clothing including sun hats when they are outside. b) The school is non-denominational, and the school does not want show favouritism towards any one religion; and c) They believe that this is simply another of Ms Eve's antics that reflect her defiant attitude towards authority. Ms Eve and her parent are angry at the school's refusal to accommodate her religious beliefs. Ms Eve feels that she is being treated like a child and that none of her teachers take her religious beliefs seriously which undermine her dignity. Ms Eve and her parents approach you for advice on the following issues: i. ii. iv. Would the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 apply to this dispute and why? Has Ms Eve been discriminated against in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000? If there is discrimination, would it be unfair? If there is a finding of discrimination would the discrimination be unfair in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000? Page 2 of 4​

Answer 1

yes, this would fall into the category of unfair discrimination. The school states that they do not want to pick favorites when it comes to religion so they don't allow anything religious but by doing so they are, in a way, discriminating against one's beliefs. some religions require females to wear a head scarf when in public so this should be allowed within the school along with other religious beliefs, by doing this you are not pick favorites.

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