SAHRC takes school to court over transgender Limpopo pupil’s abuse

The South African Human Rights Commission (SAHRC) has taken a Limpopo school to the Seshego Equality Court over its treatment of a transgender learner.

The high school pupil, who has not been identified, allegedly faced unfair discrimination, harassment, and hurtful speech at the school.

The SAHRC revealed that because of a “hostile and intimidating environment” the pupil was unable to complete her schooling in the province and had to move to Gauteng.

The commission has named the Limpopo Department of Education and a former school principal as the respondents in the case, which it has instituted on behalf of the learner. The matter is set to be heard next month.

The SAHRC said the abuse faced by the Limpopo pupil was unconstitutional and in violation of the Equality Act.

In a statement, the commission expressed its concerns that “LBGTI persons continue to face victimisation, discrimination and violations of their rights basic rights.”

It said that this discrimination is “made even more egregious when it is directed at children” and noted that “schools are also places where the exercise of authority may render certain groups vulnerable”.

According to a soon to be released report on discrimination against LGBTI people by OUT LGBT Well-being, 56% of those between the ages of 16 and 24 said they’d experienced discrimination in school based on their LGBT status.