PUBLIC DEFENDER CALLS ON A PUBLIC SCHOOL TO AVOID GENDER-BASED DISCRIMINATION.

On 28 February 2024, the Public Defender addressed the director of one of the public schools of the Khelvachauri municipality with a general proposal relating to the case of incitement to discrimination on the basis of sex/gender and called on him to not allow discriminatory treatment on the basis of sex or other grounds at school and to implement a policy of equality, and in relation to the school uniform, to ensure students’ freedom of choice.

As the case study made it clear, according to the strict instructions of the school director, schoolgirls had to wear skirts and white blouses at school. However, the administration has not issued any directive regarding the school uniform, and the fact that schoolgirls are allowed to wear pants only during the winter is the personal decision of the school director.

The school failed to present a rational argumentation to the Public Defender that would justify the restrictions on the choice of girls and the ban on wearing pants.

Given the legal framework, any issue related to clothing must adhere to the principle of non-discrimination. Therefore, it is not allowed for the school to arbitrarily define the rules of the students’ clothing and forbid girls from wearing pants.

In the general proposal, the Public Defender also discussed the general challenges relating to gender equality, the importance of considering the issues related to the schoolchildren’s rights through the prism of equality, and the corresponding obligations of the school.