Gyeongnam Teachers' Union: "Student Human Rights Ordinance and Special Law Not Needed" ... Current Laws Are Sufficient

The Gyeongnam Teachers' Labor Union recently stated that the 'Student Human Rights Ordinance,' which is currently being discussed for abolition, and the 'Special Act for the Protection of Student Human Rights' proposed by Democratic Party lawmaker Kang Min-jung are "unnecessary."

The Gyeongnam Teachers' Union conducted an online and text survey from April 30 to May 1 targeting 2,640 union members regarding the Student Human Rights Ordinance and the Special Act for Student Human Rights, and on the 2nd, it announced that the majority responded that these were unnecessary.

According to the teachers' union, 1,550 respondents answered, "Student human rights are sufficiently guaranteed under current laws, so separate ordinances or laws are not needed."

1,080 respondents said that a law should be created that encompasses the human rights of all school members, including students, parents, and teachers.

Only 10 respondents voiced that the Student Human Rights Ordinance should be maintained or that the Special Act for Student Human Rights should be enacted.

Survey results table on the abolition of the Student Human Rights Ordinance conducted by the Gyeongnam Teachers' Union. [Data provided by Gyeongnam Teachers' Union]

The teachers' union pointed out, "While the Student Human Rights Ordinance contributed to improving student human rights by specifying rights such as protection from discrimination based on grades, it excessively emphasized individual student rights, infringing upon teachers' legitimate educational authority."

"There are dysfunctional aspects where teachers' authority is weakened, and the learning rights of other students are infringed, causing difficulties within the school community," it added. "Furthermore, some parents misuse reports of child abuse to interfere with teachers' legitimate educational activities, such as student guidance."

The union stated, "It cannot be denied that the Student Human Rights Ordinance documents student human rights and names them in a way that emphasizes the rights of a specific group in a biased manner," emphasizing, "Teachers also have human rights. In the educational field, a balance of responsibilities, authority, and limits among the three educational stakeholders?students, teachers, and parents?is necessary."

Additionally, it said, "Students' rights and human rights are protected under the Constitution, the Framework Act on Education, the Elementary and Secondary Education Act, and school regulations regardless of the existence of the Student Human Rights Ordinance," criticizing, "The interpretation that abolishing the ordinance tramples on student human rights is a black-and-white argument and confirmation bias."

"The Democratic Party, which secured a majority in the 22nd general election, is pushing for the enactment of the Special Act for Student Human Rights," it said, adding, "Equating election victory with the enactment of the Special Act is a populist prescription by amateurs who do not properly understand the educational field, and we cannot agree with it."

The union warned, "Forcing the enactment of the special law can be interpreted as legislative tyranny and an attempt to divide school members," urging, "Legislative bodies and authorities should first amend and stabilize the insufficient parts of the Child Abuse Punishment Act and the four laws protecting teachers' rights to safeguard teachers' authority."

Chairman Lee Chung-soo said, "Rather than rushing to a predetermined conclusion that the Special Act for Student Human Rights must be enacted and forcing people to answer accordingly, we need to gather opinions from educational stakeholders such as students, teachers, and parents to devise a plan," adding, "We demand the enactment of a law that covers the entire school community with the right direction and content, not speed."

The Student Human Rights Ordinance is an educational office ordinance enacted to guarantee students' dignity, value, freedom, and rights so that student human rights can be realized within the school curriculum.

Although there have been ongoing criticisms that student human rights have been excessively emphasized, following the death of a teacher at Seo-i Elementary School in Seoul last July, the ordinance has been cited as a cause of declining teacher authority and teacher attrition, leading to a strong movement for its abolition.

The ordinance was first enacted by the Gyeonggi Provincial Office of Education in 2010 and later by Seoul, Gwangju, Jeonbuk, Chungnam, and Jeju, with a similar ordinance for promoting the human rights of school members in Incheon, totaling seven locations where it was implemented. However, on April 24, the Chungnam Provincial Council, and on April 26, the Seoul Metropolitan Council passed abolition bills.

The Student Human Rights Ordinance includes rights such as ▲the right not to be discriminated against based on gender, religion, nationality, sexual orientation, academic performance, disability, appearance, pregnancy, or childbirth ▲freedom from and protection against physical and verbal violence such as corporal punishment and bullying ▲freedom in extracurricular educational activities ▲the right to rest free from academic burden ▲the right to express individuality through hair, appearance, and clothing.

It also includes ▲prohibition of searches of personal belongings without consent, freedom to possess and use mobile phones, and freedom to form desired personal relationships ▲freedom of conscience and religion, including prohibition of forced attendance in specific religious classes ▲freedom of expression including the right to assemble ▲protection of minority students' rights ▲the right to request counseling and investigation by the Student Human Rights Advocate in cases of human rights violations.