An Australian schoolgirl has lost a legal battle after complaining she was forced to wear a skirt at formal school functions.
The student alleged gender discrimination and her case was dismissed by the Queensland Civil and Administrative Tribunal (QCAT).
The complaint from the girl, who cannot be named for legal reasons, was about her being denied the right to wear trousers during formal school functions.
The student was represented by her parents and included a statement as part of her complaint that it required “an extra level of thought about the way I move and sit so as not to expose myself” when she has to wear a skirt, the Courier mail reported.
She added that “wearing a skirt sexualizes female students because underwear can be visible.”
The student argued that it was “unfair and sexist” to ask permission to wear pants or shorts to school events, “unlike the male students.”
She gave examples of how discriminatory the uniform policy was, including being cooler than male students at formal events in the winter and suffering a greater financial burden from having to purchase multiple sets of uniforms.
The school’s uniform policy, which also cannot be named, states that girls in the 7-12 age group are required to wear skirts on ‘formal school occasions’, including ‘school outings or excursions, school ceremonies and events, class photographs, awards ceremonies and external events’. events.’
A schoolgirl took her school to a tribunal for gender discrimination after forcing her to wear skirts to formal school functions (stock image)
Male students may wear their usual uniform, shorts or trousers.
The school labeled the complaint “offensive and unfounded,” arguing that the policy is “consistent with community standards” and does not amount to “less favorable treatment” of female students.
The school also argued that “most female students chose to wear skirts as everyday school attire, despite being able to wear other items of clothing.”
It said the formal uniform policy only applied to “approximately eight hours per year” for most students.
The school branded the girl’s complaint as ‘offensive’ and ‘unfounded’ and the case was dismissed by the Queensland Civil and Administrative Tribunal (stock image)
The student argued that “wearing a skirt sexualizes female students because underwear can be visible.” The argument was rejected by the tribunal (stock image from a student)
QCAT member Jeremy Gordon said the student’s complaint under the Anti-Discrimination Act alleged she had been subjected to ‘negative gender stereotypes and gender-related power relations’.
Mr Gordon rejected the student’s argument that there was a risk of exposing a female student’s underwear, saying that in ‘practice’ that exposure risk is ‘reduced’ because the school’s uniform policy ‘requires the skirt to touch the floor when he kneels, so the skirt is quite sturdy. long’.
He added that there was “nothing” in the uniform policy to prevent girls from wearing shorts under skirts, and that “the evidence of less favorable treatment on the grounds of modesty is significantly weakened.”
In dismissing the complaint, Mr Gordon found that there was ‘insufficient’ evidence to show that ‘as a female student, the complainant was treated less favorably than male students’.
“There was differential treatment between the sexes, but the evidence does not show that the differential treatment was unfavorable to the complainant,” Mr Gordon said.