The regulation of hair: a hairy issue for equality and human rights?

ABSTRACT

Our hair is personal to us—as individuals we have different hair lengths, styles, colours and facial hair. However, our hair is regulated in various contexts, including in schools and workplaces. In recent times, how we wear our hair is increasingly being seen as a social justice issue. This current perspective discusses case studies to, firstly, illustrate how and why hair can be important to identity; secondly, identify the various sources of legal protection of hair in Australia; thirdly, analyse the scope of those sources; and fourthly, identify further areas for potential expansion or limitation. It examines the protection of hair through equal opportunity laws, international human rights law, and bills of rights enacted in the Australian Capital Territory, Victoria and Queensland.

KEYWORDS:

• Equality
• discrimination
• human rights
• bills of rights
• hair
• facial hair

Disclosure statement

No potential conflict of interest was reported by the author(s).

Additional information

Notes on contributors

Bruce Chen

Dr Bruce Chen is a Senior Lecturer at the Deakin Law School. He has previously worked in several senior legal and legal policy advisory positions within the Victorian public service, particularly in human rights and equal opportunity. Bruce was Principal Legal Policy Officer, Human Rights Unit, Department of Justice and Community Safety; Senior Legal Adviser, Victorian Equal Opportunity and Human Rights Commission; Senior Solicitor, Government and Public Law Branch, Victorian Government Solicitor’s Office; and Senior Associate to a justice of the Supreme Court of Victoria and president of VCAT. Bruce is widely published on human rights in academic journals.