2014年6月18日 星期三

「她。敢於改變」奬2014獲奬人感言:鄺皓凝 Testimonials of Kwong Ho Ying, "She Dares to Change" Awardee 2014


挑戰荒謬的性別定型,力保女教師穿長褲上班選擇權的鄺皓凝
Kwong Ho Ying, a brave victim of a gender discrimination case, who fought for the rights in wearing trousers to teach


鄺皓凝是一宗性別歧視個案的受害者。當時任職中學老師的她,認為學校無理地要求所有女性老師上班時必須穿著裙子才可以任教的安排並不合理。她認為女教師穿裙與否,與教學、老師的職業要求和日常工作需要無關,更對女教師造成額外的不便、負擔及顧慮,包括︰容易走光、被偷窺、偷拍等,漠視女性穿長褲可保暖及免被偷窺及偷拍的安全權。使女教師因而受到較差待遇。她向校長爭取女教師穿長褲上班,但反遭受校方公然在早會上,於眾學生面前點評她穿褲行為異類,使她尷尬及難堪;校長多次因「穿褲問題」而召見她,甚至向她施壓辭職,導致她承受極大壓力、體重驟降、經常失眠、精神難以集中、焦慮及情緒低落。

她就此向平等機會委員會(平機會)作出投訴,惟投訴過程冗長,法律程序繁複,虛耗投訴人意志。平機會起初嘗試透過調解方式處理事件,但由於校方拒絕出席調解會議,最終調解不成功。但她未有因此而放棄為女性爭取討回公道的機會,繼續向平機會申請法律協助,希望循法律途徑入稟區域法院處理性別歧視個案。可是,平機會曾一度拒絕提供法律協助,然而,她未有放棄,繼而向平機會提出覆議,要求再次考慮其個案的法律觀點及對社會傳遞反性別歧視的教育意義。與此同時,她向法律援助署尋求協助。經過兩年多的折騰,平機會最終願意提供法律協助,代表她入稟區域法院控告該中學性別歧視。及後校方在入稟狀發出後,願意道歉、賠償及更改校內針對女教師穿裙的服飾守則,事件才得以圓滿解決。

事件吸引傳媒廣泛報導,社會大眾亦十分關注及熱烈討論。平機會表示,由於個案對於市民認識何謂性別歧視有深遠影響,將個案製成香港電台節目《非常平等任務》的一集內容,及收錄在平機會出版的《個案實錄》,作公眾教育用途。

她曾向傳媒表示︰「呢個唔係個人問題,係牽涉女性、教師,成個大群體入面一啲基本權利」、「自己在這場抗爭中的堅持,已為下一代上了一課,做教師要有使命感,面對不合理、不公義的事要say no(說不),不可在學生面前退縮、怕事」…她一直堅持的信念,最終不單為自己討回公道,更令該中學、教育界甚至社會大眾關注在僱傭、教學環境及服飾要求方面的性別歧視。

Ho Ying is a victim of a gender discrimination case . When she was a secondary school teacher, she fought for wearing trousers to teach. She felt that the school was unreasonable in telling them to wear skirts, which was very inconvenient and easy to be watched. In fact, this was totally irrelevant to her teaching quality. She insisted to wear trousers to school, and the school principal condemned her in front of all students. The principal met her many times and pressurized her to resign which made her suffered from stress, weight loss, insomnia and depression.

Ho Ying filed a complaint to Equal Opportunity Commission (HK). The complaint procedure was complicated and the process was very long. She was totally burnt out. At the beginning, EOC provided mediation service, but the school representative refused to attend the meeting. Ho Ying did not give up to fight for her rights and she requested ECO to offer legal assistance to file her case to the court, but was being turned down.

Her case caught huge media attention and aroused public concern to the issue of sex discrimination. She persisted to seek ECO to review the case and at the same time, she applied for Legal Aid. After waiting for 2 years, ECO was willing to bring the case to court and to sue the school on the basis of sexual discrimination. The school finally apologized to her and offered a compensation, and to withdraw the requirement to teachers in wearing skirts.

This case attracted massive media coverage with immense public attention.. EOC stated that the case had significant impact on Sexual Discrimination Ordinance and it was significant for educational purpose, they even made a film based on this case.

Ho Ying told the media, “this is not my personal issue, it is an issue related to women, teachers, and the wider community”, “My persistence in this case set a good example to the students. As a teacher, we have to have mission. We have to say no to the injustice, we cannot hold back.”

Her strong will had led her to win the case and also created a great impact to schools, education sector, and the society on sexual discrimination in employment, teaching environment, society as a whole.

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