# Draft Guidelines on Gender Identity and Sexual Orientation

- Link: https://dearsouthafrica.co.za/draft-guidelines-on-gender-identity-and-sexual-orientation/
- Published: 2020-06-08T16:45:01+02:00
- Author: dearSA

### Draft Guidelines on **Gender Identity and Sexual Orientation in Public Schools** of the Western Cape Education Department.

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[Summary ](https://dearsouthafrica.co.za/draft-guidelines-on-gender-identity-and-sexual-orientation/summary-so/)

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In a landmark judgment handed down in March 2017, the Equality Court for the District
of Seshego in Limpopo Province, the South African Human Rights Commission instituted
proceedings on behalf of a transgender secondary school learner.

The case arose from allegations of humiliation and harassment based on the gender
identity of the learner that created a hostile and intimidating environment at the
school. The learner testified that he identified himself to be a girl, dressed accordingly
and used the girls’ toilet facilities. He did not complete matric and he further
testified that he felt that the school system failed him in acknowledging his personal
situation and providing a safe and comfortable environment.

The Court held that the principal of the school and the Limpopo Provincial Department
of Education were and still are tasked to create a safe, protective, stress-free
environment for learners. They are tasked to look after the well-being of the learners
and they failed.

The Western Cape Education Department has developed this guideline to sensitise 
all public schools and school communities to assist in creating an educational environment
that does not discriminate directly or indirectly against anyone on one or more 
grounds, including, gender, sex, sexual orientation, conscience, belief, culture
and birth, among others.