A Study on Controversial Issues Resulting from Enforcement of Student Human Rights Ordinance Lee, Yun-Beom Ethics Education Major Graduate School of Education, Kyungpook National University Daegu, Korea (Supervised by Professor Moon, Sung-Hak) (Abstract) Concern for human rights guarantee is a globa...
A Study on Controversial Issues Resulting from Enforcement of Student Human Rights Ordinance Lee, Yun-Beom Ethics Education Major Graduate School of Education, Kyungpook National University Daegu, Korea (Supervised by Professor Moon, Sung-Hak) (Abstract) Concern for human rights guarantee is a global trend. In line with this trend, the province government of Gyeonggi-do enacted and promulgated Students Human Rights Ordinance in the October, 2010. The Student Human Rights Ordinance is the minimum legal measure to guarantee student human rights to which society in Korea have not paid attention. Enforcement of the student human rights ordinance is meaningful from the perspectives that it can educate what student’s right is about; guarantee the student human rights under legal boundary; improve the reality where the rights are violated; and facilitate human rights-friendly school environment by resolving misunderstandings and confusions against guarantee of student rights. However, in reality, many problems have been appearing after implementation of the student human rights ordinance. The contents guaranteed by the student human rights ordinance collide with teacher rights and conflict phenomenon between student human rights and teacher rights emerges. Apparently both educational rights of teachers and learning rights of students can exist simultaneously in the education fields. Nonetheless, from various aspects, the enforcement of student human rights ordinance has caused conflicts. The representative ordinance contents causing the conflicts include corporal punishment abolition, freedom of dress, freedom of hair style, freedom of assembly. These controversial issues were investigated in this study to identify acceptable range and suggest measures for both rights to be simultaneously comparable. First, in regard to the issue of corporal punishment abolition, even though it is ideal to abolish corporal punishment, partially corporal punishment shall be allowed in consideration of the increasing cases where such abolition ordinance is misused. Second, it is a matter of dress and hair style. Judging from on our current social custom, the issue of full liberalization on dress and hair may grow to a total issue of the entire education society. Hence, should be developed an educational environment where the learners, students are encouraged to embrace and internalize such social custom so that they can control themselves. Third, regarding freedom of assembly, permissible range should be determined to address the concerns raised by typical conservative perspectives. Should be constructed first an educational atmosphere where learning rights-related matters are prior to political matters to justify their assembly because students are the learners, and then students can gradually approach to political matters. Within such range, freedom of assembly must be permitted. The student human rights ordinance has been already implemented. If it was abolished just because of existence of conflicts, it would be regarded as standing against the stream of times. The student human rights and teacher rights can stand together when awareness of human rights from students, teachers, parents, and general society improves through appropriately mature human rights education. It is desirable to solve various problems during the course of policy implementation and run parallel with practical human rights education. By doing so, the culture of honoring human rights can be settled in school.
A Study on Controversial Issues Resulting from Enforcement of Student Human Rights Ordinance Lee, Yun-Beom Ethics Education Major Graduate School of Education, Kyungpook National University Daegu, Korea (Supervised by Professor Moon, Sung-Hak) (Abstract) Concern for human rights guarantee is a global trend. In line with this trend, the province government of Gyeonggi-do enacted and promulgated Students Human Rights Ordinance in the October, 2010. The Student Human Rights Ordinance is the minimum legal measure to guarantee student human rights to which society in Korea have not paid attention. Enforcement of the student human rights ordinance is meaningful from the perspectives that it can educate what student’s right is about; guarantee the student human rights under legal boundary; improve the reality where the rights are violated; and facilitate human rights-friendly school environment by resolving misunderstandings and confusions against guarantee of student rights. However, in reality, many problems have been appearing after implementation of the student human rights ordinance. The contents guaranteed by the student human rights ordinance collide with teacher rights and conflict phenomenon between student human rights and teacher rights emerges. Apparently both educational rights of teachers and learning rights of students can exist simultaneously in the education fields. Nonetheless, from various aspects, the enforcement of student human rights ordinance has caused conflicts. The representative ordinance contents causing the conflicts include corporal punishment abolition, freedom of dress, freedom of hair style, freedom of assembly. These controversial issues were investigated in this study to identify acceptable range and suggest measures for both rights to be simultaneously comparable. First, in regard to the issue of corporal punishment abolition, even though it is ideal to abolish corporal punishment, partially corporal punishment shall be allowed in consideration of the increasing cases where such abolition ordinance is misused. Second, it is a matter of dress and hair style. Judging from on our current social custom, the issue of full liberalization on dress and hair may grow to a total issue of the entire education society. Hence, should be developed an educational environment where the learners, students are encouraged to embrace and internalize such social custom so that they can control themselves. Third, regarding freedom of assembly, permissible range should be determined to address the concerns raised by typical conservative perspectives. Should be constructed first an educational atmosphere where learning rights-related matters are prior to political matters to justify their assembly because students are the learners, and then students can gradually approach to political matters. Within such range, freedom of assembly must be permitted. The student human rights ordinance has been already implemented. If it was abolished just because of existence of conflicts, it would be regarded as standing against the stream of times. The student human rights and teacher rights can stand together when awareness of human rights from students, teachers, parents, and general society improves through appropriately mature human rights education. It is desirable to solve various problems during the course of policy implementation and run parallel with practical human rights education. By doing so, the culture of honoring human rights can be settled in school.
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