The Human Rights Commissioner in Australia has ruled that a school may require girls to wear skirts. At a time when gender equality and inclusivity are central themes, this is a striking ruling. Why must children continue to dress according to outdated norms, while adults are granted freedom of choice when it comes to corporate dress codes? After all, under the law, an adult cannot be forced to make clothing choices based on gender. So what are the consequences for children who are required to wear gender-specific clothing? I looked into it.
Extra costs, discrimination, and discomfort from school uniforms
This debate flared up when a father criticized his daughter’s school. The Australian school, he claimed, was engaging in discrimination because girls aged 7 to 12 were required to wear a skirt during formal occasions. These included field trips, ceremonies, events, and photo days. At the Queensland Civil and Administrative Tribunal, he stated that this led to unnecessary extra expenses. Two uniforms had to be purchased, whereas boys were always allowed to wear trousers and thus didn’t need to buy two sets.
According to the father, the skirt caused negative psychological effects such as reinforcing gender stereotypes and gender power dynamics. His daughter also reportedly experienced stress and anxiety when she had to wear a skirt in the presence of many people. She said that, when wearing a skirt, she had to be more conscious of how she moved or sat. Certain movements could result in her unintentionally revealing more than was appropriate.
Initially, the complaint was filed with the school. In response, the girl was told that she could request a formal exemption so that she wouldn’t have to wear a skirt anymore. But because she felt this would also be discriminatory toward the other students, she refused to apply for the exemption.
Other girls do like wearing skirts
During the hearing, the school’s lawyer noted that no other parents had complained. Moreover, the school had skirts available to borrow, especially for students who didn’t want to buy one. These skirts were long enough to touch the ground when kneeling, and if the student still felt uncomfortable, she was allowed to wear biker shorts underneath.
QCAT member Jeremy Gordon ruled that the school’s policy was not discriminatory.
“The evidence is insufficient to demonstrate that the formal uniform policy resulted in, or would have resulted in, less favorable treatment of the complainant as a female student compared to male students. (…) There was differential treatment between the sexes, but the evidence does not show that this different treatment was unfavorable to the complainant,” Gordon said.
He also pointed out that the school had provided sufficient evidence that other girls did enjoy wearing skirts. They did not share the complainant’s opinion.
How school uniforms discriminate—and are still allowed
You could argue that the Human Rights Commissioner was right. The school did offer a solution. Both the financial and physical discomforts could theoretically be mitigated. She could request an exemption or borrow a skirt, which she would be allowed to wear with shorts underneath.
Still, the father did not accept this, and I believe he was right not to. Because where women once had no choice but to conform to societal norms, they no longer do so—and that’s a good thing. It has led to great improvements in women’s rights, especially concerning gender-based discrimination. Women used to be fired when they got married or excluded from leadership positions. These were all things that hindered their personal development and freedom.
In 2021, the American Civil Liberties Union (ACLU) made a ruling that again showed how gender can restrict your freedom. A non-binary employee of Alaska Airlines filed a complaint with the organization, which defends the freedoms and rights of American citizens. The complaint centered around the airline requiring employees to choose between a male or female uniform. Since the complainant didn’t identify with either gender, they disagreed with this policy.
The ACLU ruled that while an organization may enforce a dress code, it cannot make distinctions based on gender—that would be discrimination. An employee therefore cannot be forced to choose between a male or female uniform. This means they have the right to mix and match garments. The same applies to grooming and appearance policies.
The difference between rights for children and adults
Since the ACLU ruling in 2021, several changes have been made regarding dress codes. Not only Alaska Airlines, but many other airlines have since revised their policies. This shift is evident in other industries as well. Adhering to gender-specific rules is increasingly seen as outdated.
It’s no surprise, then, that the discussion around school uniforms has intensified in recent years. Children today are more aware than ever of gender roles, discrimination, and their rights. Yet a child can still be required to wear a skirt, and the opinions of other girls are considered in justifying this. But when a non-binary adult feels discriminated against, an entire company’s policy may be reexamined. Let’s not forget that, in both cases, it’s simply about removing a single rule. That’s all.
The consequences of discriminatory school uniforms
Proponents of gendered school uniforms often argue that they teach children norms and values, helping them learn to conform to a community. But that’s precisely where the danger lies. Research has shown that discriminatory dress codes in schools can have a negative impact—especially on LGBTQIA+ students. This might seem like a small group, but in the Netherlands alone, it concerns 18% of the population, which equals 2.7 million people.
By creating separate dress code rules for boys and girls, research shows, there is little room left for personal identity. Children are taught that gender determines their appearance—including behavior and its consequences. As mentioned earlier, a girl in a skirt must be careful how she moves. If she isn’t, she receives disapproving looks and learns she must always take this into account. She is taught to care about what others think of her and to meet those expectations. Boys don’t face this burden.
For Black girls, school uniforms pose an even bigger issue, according to American research. Since they tend to develop curves earlier, they’re more often called out for their behavior when wearing a skirt. If the skirt is a mandatory part of the uniform, they have no way around this. They learn that their appearance can be “distracting” and that they must therefore cover up. As a result, they’re taught that it’s their responsibility if boys harass them—even though they have no choice in the matter. This teaches children that how a girl looks is more important than what she thinks, the researchers say.
A matter of time
Unlike an adult, who can file a complaint and perhaps look for another job, a child has far less freedom of choice. They must attend school, and if they’re harassed and learn it’s because of how they look, the blame is placed on them—with all the consequences that entails.
Fortunately, today’s youth is far more vocal and aware than in the past. I expect that this will eventually change. Because today’s youth are tomorrow’s educators. Let’s hope they’ve learned from this—and if not, that they’ll take the research more seriously than is currently being done.
Best regards,
Aileen