Examining Student Rights Ordinance
3 min readStarting with Examining Student Rights Ordinance…
Recent incidents of violations of teachers’ rights within the school environment have brought their grievances to the forefront. While these difficulties faced by educators have been an ongoing concern, recent events like the tragic death of a teacher at Seoichu School have intensified the discussion. What’s noteworthy is the unusual claim that the Student Rights Ordinance is somehow infringing upon teachers’ rights and calls for its abolition. In light of this, let’s delve into the key provisions of the Student Rights Ordinance and explore how it is actually applied in the field.
What is an Ordinance?
An ordinance refers to a law enacted by a local government through the approval of the local legislative body. The Student Rights Ordinance, in particular, is promulgated and enforced by various education offices to ensure the realization of students’ dignity and worth in the educational curriculum. Although there may be slight variations in its content among different regions, we will focus on the Student Rights Ordinance of Gyeonggi Province in this article.
Overview of Gyeonggi Province’s Student Rights Ordinance
Gyeonggi Province’s Student Rights Ordinance aims to guarantee the dignity, worth, freedom, and rights of students in the educational process, based on Article 31 of the Constitution of the Republic of Korea, the United Nations Convention on the Rights of the Child, the Basic Act on Education Articles 12 and 13, and the Elementary and Secondary Education Act Article 18-4.
Relevant Provisions in the Constitution of the Republic of Korea
Article 31 of the Constitution stipulates the right to education and free compulsory education, ensuring that every citizen has the right to receive an education according to their ability. It also guarantees the autonomy, expertise, political neutrality of education, and the obligation of the state to promote lifelong education.
United Nations Convention on the Rights of the Child
The Convention on the Rights of the Child, adopted by the United Nations General Assembly on November 20, 1989, primarily targets those under 18. It mandates that no child shall be subjected to discrimination based on factors such as race, sex, language, religion, political orientation, national origin, property, or health status within its jurisdiction. It prioritizes the best interests of the child and ensures basic rights, including the right to life and freedom of expression. Regarding education, it stresses the compulsory, free provision of elementary education, encourages the development of secondary education, and strives for equal access to higher education opportunities. It also emphasizes access to educational information and guidance, regular school attendance, and measures to reduce dropout rates. Furthermore, it calls for school discipline to be consistent with the child’s human dignity, the eradication of ignorance and illiteracy, and international cooperation to provide easy access to scientific, technical knowledge, and modern educational methods. It underscores that child education should promote the development of the child’s personality, talents, and mental and physical abilities to the fullest extent, while respecting human rights and fundamental freedoms and the child’s parents, cultural identity, language, and values as well as the national values and civilization of the country of origin and the diverse civilizations of others, and should prepare the child for responsible life in a free society.
In conclusion, the Student Rights Ordinance serves as a vital legal framework to safeguard the rights and dignity of students, aligning with both the Republic of Korea’s Constitution and the United Nations Convention on the Rights of the Child. Understanding its provisions and their real-world implications is essential to fostering a fair and respectful educational environment.
About Author
