Official guidance from the Equality and Human Rights Commission warns schools that insisting that girls wear skirts may breach the rights of those who feel compelled to live as boys.
The watchdog, which has enforcement powers against public bodies that break equality law, says “requiring pupils to wear gender-specific clothes is potentially unlawful”.
It notes that “pupils born female with gender dysphoria experienced great discomfort being forced to wear stereotypical girls’ clothes — for example a skirt”.
The guidance has been produced in expectation of the government’s Equality Bill coming into force this autumn. The bill, masterminded by Harriet Harman, the Labour deputy leader, makes it a legal requirement for public authorities, including schools, to consider the impact on minority groups of all their policies — including how school uniforms might affect transsexual people.
They must do all they can to ensure transsexual children do not suffer discrimination, or face potential legal sanctions. The bill extends new rights to people who believe they were born into the wrong gender. They gain this protection “regardless of whether or not they intend to undergo, are undergoing or have undergone gender reassignment”.
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