A group of parents opposing grooming policies of the Foundation Catholic Education SKOS (see Monday newspaper) have presented a related petition with 1,000 signatures to Minister of Education, Culture, Youth and Sports (EYCS) Melissa Gumbs. She reportedly expressed her belief that, as long as clean and appropriately dressed, students should be allowed to attend school without additional restrictions and promised to look into this matter.
SKOS has taken the position that its dress code of which the guidelines for hair are part cannot be changed, nor does it see any reason to. Parents were reminded that they had signed up for these rules beforehand.
However, the latter does not necessarily mean they are lawful. When it comes to human rights, St. Maarten’s constitution and even the kingdom charter as well as international treaties to which the country subscribes play a role. A civil contract does not supersede legislation, especially not the organic kind of a higher order.
There is also jurisprudence both abroad and within the Dutch Caribbean on this issue. While some rulings indicate school boards may distinguish hairdo between boys and girls, obviously doing so based on type of hair and subsequently race as alleged can be considered a no-no.
Any limitation should be the result of purely practical reasons such as blocking the view of classmates, accidents during gym or technical lessons, etcetera. If there is a mere hint of discrimination they will eventually not stand up to the test of legal scrutiny certainly in this day and age.
Just like with gay marriage, sometimes even the church and in this case its school board need to update their views. They would be well-advised to pause and rethink.
