The parents of a transgender primary school child are taking a school to court for discrimination.
The parents of the former learner at Beaumont Primary School, Somerset West, alleges that the school discriminated against their son by restricting his access to bathrooms.
In addition, the school governing body (SGB) was opposed to the young boy wearing standard boys' swimwear, raising concerns about potential "social discomfort.”
Last year, the parents were notified that their then eight-year-old son was required to wear "unisex swimwear" that covered his upper body.
The family has since relocated to “a more inclusive” Switzerland, while their application for the child to be allowed to wear boys' swimwear continues to be heard in the Equality Court.
The parents are demanding R100 000 for compensation for the impairment of dignity, as well as the boy’s emotional, physical and psychological pain and suffering.
According to the City Press, the father said despite the initial permission for the child to fully express his male gender identity in Grade 1, the SGB and principal later tried to present him as “different” among his peers.
After being threatened with disciplinary action if he used the boys' bathroom, the child refrained from using the loo at school.
Due to holding his pee in, he fell ill with a urinary tract infection.
The boy expressed discomfort with using a unisex bathroom, which was a cubicle located within the girls' bathroom.
He also questioned why he was denied access to the boys' bathroom, leading to confusion and frustration.
Western Cape Education Department spokesperson Bronagh Hammond confirmed the child was no longer at the school.
She says: “The matter is before the court and therefore we are not in a position to comment on the merits at this stage.”
Parents for Equal Education SA (PEESA) believes the parents have no case and should have adhered to the school’s rules and regulations.
Peesa founder Vanessa le Roux said: “We are a very diverse country, where the majority of South Africans are Christian, and very conservative about things in life, especially children.
“I hope the parents lose the case, which in all likelihood will happen.
“Because all of us sign a code of conduct at schools, where it is prescribed how the child should wear his hair, the uniform, sport clothes, these types of things are there for a reason, and these parents signed for it, and agreed to it.
“This is not an attack on the LGBTQ community, this is [about] following rules… in their homes, they can allow their child to be whoever he feels fit.”
The Triangle Project spokesperson Ling Sheperd said they have been actively working to promote LGBTQI+ inclusion in schools, which includes addressing issues related to bathroom access and appropriate swimwear.
mandilakhe.tshwete@inl.co.za