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Can I dress in a way that is important to my religion, culture or nationality?
School uniforms chosen by most New Zealand schools are modelled on English schools and reflect English cultural values.
The Human Rights Act and the Bill of Rights don't allow discrimination on the grounds of sex, religious or ethical belief, colour, race, ethnic or national origins, disability, political opinion, employment status, family status, sexual orientation, marital status, or age if over 16 years. So if you are not allowed to dress in a way that is suitable for your race or nationality, this could be discrimination.
In 1994 the Human Rights Commission made a decision that a Muslim student was being discriminated against by his school because the Board of Trustees wouldn’t agree to him wearing long pants instead of shorts. His Islamic religion said that he should have his legs covered in public. The school allowed senior students to wear trousers, but wouldn’t let him as he was in the junior school. The Commission said this was religious discrimination, and the school had to let him wear long pants. Similarly, Muslim girls should be allowed to cover their heads at school if their religion requires it.
Students of Pacific Island origin should be allowed to wear lava lava, pareu, sarong or other customary dress. Indian students should be able to wear a sari. There are cultural and religious factors involved in hair length as well. For Niuean students the hair-cutting ceremony has great cultural significance and for Rastafarians and Sikhs, hair length has religious significance.
If you were a Christian, your school Board would have to let you wear a cross around your neck. If the Board said it was jewellery and wasn’t allowed, this could be discrimination because of your religious belief. Discrimination because of your religious belief is unlawful under the Human Rights Act and the Bill of Rights.
If you wish to dress differently at school for religious or cultural reasons, your school can ask you to show that this is a genuine reason i.e. that you’re not just making it up to get around the school rules. For example, you may need to ask your church minister to come to school and explain that you are a Christian, and that you are active in the church.
The Human Rights Act doesn’t protect “youth culture” or your personal preference about how you want to dress. So if you are into surfing, for example, you can’t say your school Board is discriminating against you by refusing to allow you to wear your hair dreaded. But you could argue that the school rules shouldn’t put this limit on your right to express yourself freely. The right to free expression is in the Bill of Rights and the United Nations Convention on the Rights of the Child. Remember that there are limits on your right to express yourself freely. Some male students attend schools that have a rule saying they should be clean-shaven. This is not discrimination under the Human Rights Act, but it does limit your right to express yourself.
If you are having a disagreement with your school about an issue like this, don’t forget to check out exactly what the school rules say. The rules must clearly prohibit (not allow) your way of dressing.
Remember, school staff including principals, have no power to make up rules about dress and appearance by themselves.
The Human Rights Act and the Bill of Rights don't allow discrimination on the grounds of sex, religious or ethical belief, colour, race, ethnic or national origins, disability, political opinion, employment status, family status, sexual orientation, marital status, or age if over 16 years. So if you are not allowed to dress in a way that is suitable for your race or nationality, this could be discrimination.
In 1994 the Human Rights Commission made a decision that a Muslim student was being discriminated against by his school because the Board of Trustees wouldn’t agree to him wearing long pants instead of shorts. His Islamic religion said that he should have his legs covered in public. The school allowed senior students to wear trousers, but wouldn’t let him as he was in the junior school. The Commission said this was religious discrimination, and the school had to let him wear long pants. Similarly, Muslim girls should be allowed to cover their heads at school if their religion requires it.
Students of Pacific Island origin should be allowed to wear lava lava, pareu, sarong or other customary dress. Indian students should be able to wear a sari. There are cultural and religious factors involved in hair length as well. For Niuean students the hair-cutting ceremony has great cultural significance and for Rastafarians and Sikhs, hair length has religious significance.
If you were a Christian, your school Board would have to let you wear a cross around your neck. If the Board said it was jewellery and wasn’t allowed, this could be discrimination because of your religious belief. Discrimination because of your religious belief is unlawful under the Human Rights Act and the Bill of Rights.
If you wish to dress differently at school for religious or cultural reasons, your school can ask you to show that this is a genuine reason i.e. that you’re not just making it up to get around the school rules. For example, you may need to ask your church minister to come to school and explain that you are a Christian, and that you are active in the church.
The Human Rights Act doesn’t protect “youth culture” or your personal preference about how you want to dress. So if you are into surfing, for example, you can’t say your school Board is discriminating against you by refusing to allow you to wear your hair dreaded. But you could argue that the school rules shouldn’t put this limit on your right to express yourself freely. The right to free expression is in the Bill of Rights and the United Nations Convention on the Rights of the Child. Remember that there are limits on your right to express yourself freely. Some male students attend schools that have a rule saying they should be clean-shaven. This is not discrimination under the Human Rights Act, but it does limit your right to express yourself.
If you are having a disagreement with your school about an issue like this, don’t forget to check out exactly what the school rules say. The rules must clearly prohibit (not allow) your way of dressing.
Remember, school staff including principals, have no power to make up rules about dress and appearance by themselves.
YouthLaw |
Latest page update: made by YouthLaw
, Aug 16 2009, 10:01 PM EDT
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