A Catholic secondary school principal is hoping that new non-binding guidelines on school uniforms issued by the Human Rights Commission do not see future battles over the wearing of gang colours or insignia by students.
Patrick Walsh
Sacred Heart College headmaster Patrick Walsh told Newstalk ZB on May 26 that he hoped the HRC would back school boards and principals to make decisions to prohibit such items on health and safety grounds, should a dispute arise.
Mr Walsh’s concern was over the issue of freedom of political expression by students at schools. That could see students asserting a right to wear gang colours or insignia.
“My hope and expectation is that they [the HRC] would listen to the principal and the board, who know their community well, who know if there is a gang issue, and have a very good reason for banning blue or red or gang insignia, because it is going to cause health and safety issues in their school.”
Mr Walsh added that people, including students, have deeply-held beliefs on a range of issues. But is a school an appropriate place for that expression? he asked.
“Do boards and principals have a right to suppress that if they think it will disrupt the educational function and cause health and safety issues? My answer to that would be — yes.”
Mr Walsh added that “students are becoming more politically aware, and [are] wishing to express themselves — climate change is a clear example of that”.
On May 25, the HRC released the guidelines, which aim to help schools, students and their whānau to be “able to navigate what can sometimes be difficult conversations about school uniforms and students’ appearances at school”.
The guide would help “to create inclusive uniform policies that can improve student mental health and well-being, by allowing them to feel that their whole self is recognised and respected”.
The guidelines noted that there is no legislation in place specifically dealing with school uniforms or other aspects of students’ appearance at school. The Education and Training Act 2020 states that school boards may, after consulting with their school community, make bylaws (including school uniform policies) that they consider necessary or desirable for the control and management of the school, the guidelines noted.
The guidelines aim to help schools align their policies with human rights principles, an HRC media release stated. The guidelines are framed “around a Te Tiriti o Waitangi and human rights lens, and follows a series of consultations with students and teachers from 11 different kura [schools] around the country”. One of the schools involved was St Peter’s College in Gore.
“Schools should reflect and accommodate the diversity of their students in their uniform policies. This can be achieved by including items of cultural or religious significance as part of the uniform, and/or allowing adaptations,” the guidelines stated.
Among the objectives of a school board are to give effect to relevant student rights set out in the Education and Training Act, the New Zealand Bill of Rights Act, and the Human Rights Act, the guidelines noted.
At the same time, boards must ensure that the school is a physically and emotionally safe place for all students and staff.
A general right to freedom of expression in the New Zealand Bill of Rights Act 1990, and in the United Nations Convention on the Rights of the Child, were noted by the guidelines.
But such rights are not without limits. The guidelines state that “some adaptations to uniform should be explicitly excluded. Schools should take care to explicitly exclude certain symbols or regalia that perpetuate or represent hate (i.e. swastikas or confederate flag-type memorabilia)”.
Rights set out in the Bill of Rights Act can be subject to “such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”, the Act states.
Political expression as such is not mentioned in the school uniform guidelines. It was mentioned by various media commentators, in remarking on the application of the guidelines.
The guidelines also noted that any restrictions on students’ uniform options or appearance should be reasonable, and for genuine health and safety or security reasons.
Consideration should be given to “what restrictions are included in the uniform policy and the rationale behind them. Seek feedback from students and the school community and, if the restriction is maintained, communicate the reasons for the decision clearly with students and whanau”.
The guidelines also noted that the uniform should be “financially accessible”, and should “not create a barrier or unreasonable burden on students and their whanau”.
The HRC media release noted that, in terms of Te Tiriti, recognition is given to Māori tino rangatiratanga and oritetanga, affirming the right for Māori to self-determination over themselves and their taonga, and ensuring Māori status symbols are given the same standing as Pākehā status symbols.
It is envisaged that students are able to wear items that are “taonga” to them, such as tā moko, pounamu or hei tiki. Traditional Māori hairstyles could be permitted. But long hair could be tied back for certain subjects for health and safety reasons.
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