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Religious and cultural dress as school: a comparative perspective

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dc.contributor.author De Waal, E
dc.contributor.author Russo, C J
dc.contributor.author Mestry, R
dc.date.accessioned 2012-09-03T07:38:14Z
dc.date.available 2012-09-03T07:38:14Z
dc.date.issued 2011
dc.identifier.citation De Waal, E., Mestry, R. & Russo, C.J. 2011. Religious and cultural dress as school: a comparative perspective. Potchefstroom electronic law journal (PELJ) = Potchefstroomse elektroniese regsblad (PER), 14(6):62-95 [http://www.nwu.ac.za/p-per/index.html] en_US
dc.identifier.issn 1727-3781
dc.identifier.uri http://hdl.handle.net/10394/7184
dc.description.abstract This article investigates and compares the different approaches towards the dress code of learners1 in South Africa and the United States of America (US), as the US mainly base litigation concerning school dress code on their freedom of speech/expression clause, while similar South African court cases focus more on religious and cultural freedom. In South Africa, school principals and School Governing Bodies are in dire need of clear guidelines on how to respect and honour the constitutionally entrenched right to all of the different religions and cultures. The crisis of values in education arises from the disparity between the value system espoused by the school and the community, and that expressed in the Constitution of the Republic of South Africa, which guarantees learners' fundamental rights, including those of freedom of religion, culture, expression and human dignity. On the one hand, the South African Schools Act requires of School Governing Bodies to develop and implement a Code of Conduct for learners, and on the other, that they strictly adhere to the Constitution of the country when drawing up their dress codes. The right of a religious group to practise its religion or of a cultural group to respect and sustain its culture must be consistent with the provisions of the Bill of Rights (which is entrenched in the Constitution) and this implies that other rights may not infringe on the right to freedom of religion and culture. In the US, although there is no legislation that protects learners' freedom of religion and culture at schools, their First Amendment guides the way. Their Supreme Court respects the religious values of all citizens provided that they are manifested off public school premises. While we acknowledge the existence of religious and cultural diversity at South African schools, this paper focuses on the tension among and on the existence of different approaches towards the human rights of learners from different religious and cultural backgrounds in respect of dress codes. en_US
dc.language.iso en en_US
dc.subject Religious dress en_US
dc.subject Cultural dress en_US
dc.subject School discipline en_US
dc.subject Learners' rights en_US
dc.subject Comparison with the United States of America en_US
dc.title Religious and cultural dress as school: a comparative perspective en_US
dc.type Article en_US


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