"Student Human Rights Ordinance Is Not the Cause of Decline in Teacher Authority"
Request for Reconsideration Submitted to Seoul Metropolitan Council
Considering Supreme Court Appeal if Reconsidered
"Difficult to Replace with Government Ordinance Proposal"
Cho Hee-yeon, Superintendent of Seoul Metropolitan Office of Education, requested reconsideration from the Seoul Metropolitan Council regarding the ordinance to repeal the 'Student Human Rights Ordinance'.
On the 16th, Superintendent Cho stated in front of the Seoul Metropolitan Council, "I hope the Seoul Metropolitan Council will pave the way for an advanced human rights city where the rights of students are guaranteed through supplementation rather than unilateral repeal of the Student Human Rights Ordinance, and policies to protect educational activities are established so that the human rights of the entire educational community are ensured." On the morning of the same day, the Seoul Metropolitan Office of Education planned to submit a request for reconsideration to the Seoul Metropolitan Council. They also expressed their intention to consider filing a lawsuit with the Supreme Court if the bill is resubmitted despite the veto.
Earlier, on the 26th of last month, the Seoul Metropolitan Council held a plenary session and passed the 'Ordinance to Repeal the Seoul Special City Student Human Rights Ordinance' and an alternative ordinance titled 'Ordinance on the Rights and Responsibilities of School Members.' The Student Human Rights Ordinance prohibits discrimination against students based on gender, religion, and other factors. Last year, the government pointed to the Student Human Rights Ordinance as a cause of infringement on teachers' authority, prompting education offices across cities and provinces nationwide to push for its repeal.
On this day, Superintendent Cho said, "The Seoul Metropolitan Council cited the Student Human Rights Ordinance as the main cause of the decline in teachers' authority as the reason for repealing the ordinance, but student human rights and teachers' authority are not in opposition." He argued, "The current decline in teachers' authority is a complex issue arising from excessive competition for college entrance exams, commodification of education, changes in social environment, malicious complaints from some parents, excessive application of child abuse laws, and lack of specific manuals to protect teachers' authority."
He continued, "Completely abolishing it would cause greater confusion and conflict in schools and shift the responsibility onto the schools themselves."
He also stated, "The Seoul Metropolitan Council argued that the Student Human Rights Ordinance should be repealed because it includes items such as sexual orientation and gender identity, which have not been socially agreed upon, in the right not to be discriminated against. However, this proves that the Seoul Metropolitan Council is denying the Constitution." He emphasized, "Discriminatory acts are clearly prohibited by our Constitution and international human rights treaties, and the right to equality applies to all powers, including legislative authority."
Superintendent Cho also said that repealing the Student Human Rights Ordinance would deprive students and other school members of the right to claim remedies when their human rights are violated.
He pointed out that the Student Human Rights Ordinance cannot be replaced by the 'Ordinance on School Members.' Superintendent Cho said, "The Seoul Student Human Rights Ordinance and the Ordinance on School Members differ in purpose, nature, and methods of remedying rights, and cannot be considered interchangeable legislation."
He added, "The Student Human Rights Ordinance merely specifies the human rights protection provisions declared in the Constitution and is an important value and norm that respects students not as subjects of discipline but as rights holders based on the Constitution and the UN (United Nations) Convention on the Rights of the Child, as dignified 'citizens in school uniforms.'" He reiterated this point.
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