Teachers, students and the United Nations Convention on the Rights of the Child
Teachers, students and
the United Nations Convention on the Rights of the Child
- The National
Inquiry into Children and the Legal Process
- Civics education
and participation
- Violence in
schools
- Children at
risk in the education system
- Children with
disabilities
- Truancy
- Disciplinary
measures
- Exclusion processes
- Alternative
dispute resolution
- Corporal punishment
- Implementing
the recommendations
- Further information
The National Inquiry
into Children and the Legal Process
In August 1995 the
then federal Attorney-General asked the Human Rights and Equal Opportunity
Commission (now known as the Australian Human Rights Commission) and the Australian Law Reform Commission (ALRC) to
conduct a national inquiry into children and the legal process. The inquiry
was conducted over a period of two years and involved an extensive process
of nationwide consultations, including contact with teachers, students
and others involved with the education system. The Inquiry included public
hearings, written submissions, focus groups meetings and a survey distributed
to children in schools and detention centres. The final report, Seen
and heard: priority for children in the legal process, was tabled
in federal Parliament in November 1997. It contains 286 recommendations
aimed at making legal processes more sensitive and responsive to children.
The recommendations
in Seen and heard were based on the Convention on the Rights
of the Child, ratified by Australia in December 1990. The Convention
contains internationally accepted standards for the treatment of children.
It provides a common standard for federal, State and Territory governments
in fulfilling their obligations to all children while giving particular
support to disadvantaged or marginalised children. The Convention is an
important reference point for individuals and organisations working with
children, including teachers.
Article 28 of the
Convention deals with the child's right to an education. It requires that
education be free and compulsory for all children and it also requires
that school discipline be administered in a manner consistent with the
child's rights and dignity. Article 29 specifies that the aims of education
should include to develop a child's personality, talents and mental and
physical abilities to the fullest extent. The Convention expressly commits
parties to make its provisions widely known to children in language which
they, as well as adults, can understand. Article 12 enshrines the child's
right to participate in decisions affecting him or her, in a manner appropriate
to the child's age and maturity. This requirement applies in all contexts,
including schools. Other articles in the Convention also have relevance
to teachers and schools.
Civics education
and participation
The inquiry recommended
that the Department of Employment, Education, Training and Youth Affairs
(now DETYA) develop guidelines on national best practice for student participation
in school decision making. The guidelines should assist students to understand
their rights and responsibilities in the context of school decisions affecting
them. DETYA should also prepare a handbook explaining the guidelines and
distribute it to all schools in Australia.
Violence in schools
School violence between
students or involving teachers was an issue of concern in the inquiry.
Students who are the target of violence often leave school altogether.
This seriously compromises their employment prospects and life chances.
Submissions to the inquiry confirmed the need for more programs within
schools to foster tolerance and acceptance, eliminate bullying and encourage
the development of socially acceptable problem solving skills.
The inquiry recommended
that the National Campaign Against Violence and Crime (NCAVAC) conduct
a specific project aimed at reducing school violence. The Campaign should
evaluate the benefits for youth crime prevention of anti-bullying policies,
anti-harassment policies, peer mediation and peer support schemes and
establish benchmarks in these areas.
Children at risk
in the education system
Particular attention
needs to be given to children with behavioural or learning difficulties,
those in difficult family situations and homeless children. These children
are often at risk of dropping out of education and consequently becoming
enmeshed in the care and protection and/or juvenile justice systems. Teachers
are best placed to identify and provide initial support to these students.
However, the demands of the contemporary classroom may make it difficult
for them to identify all students at risk without specialised training.
The inquiry recommended
that all teachers and counsellors should receive professional development
training in identifying children at risk of dropping out of school and
referring them to appropriate government and non-government support services
and programs. Particular attention should be given to recognising this
risk at the end of primary school and the beginning of secondary school.
The inquiry also recommended that national standards for student support
services be developed by DEETYA in conjunction with State and Territory
education departments.
Children with
disabilities
The Convention provides
that children with disabilities must have effective access to education
in a manner conducive to achieving the fullest possible social integration
and individual development (article 23). However, discrimination sometimes
makes the enjoyment of this right problematic for children with disabilities.
Discrimination in education is the third most common ground of complaint
to the federal Disability Discrimination Commissioner. To address this,
the inquiry recommended that each State and Territory education department
should ensure that all teaching staff and school administrators are trained
in disability discrimination laws and obligations and how to meet the educational
and social development needs of students with a disability.
Truancy
Evidence received
from young people during focus groups suggested that some students are
absent from school more often than they attend. Reasons for truancy include
boredom at school, embarrassment and frustration at poor performance,
fear of bullying or harassment, drug dependency, family stress or conflict,
homelessness and defiance of authority. Some children are chronically
absent from school. Indigenous students are particularly at risk of truancy
and dropping out of the school system altogether. They have a significantly
lower retention rate than non-Indigenous students. In light of the link
between chronic truancy and exposure to the juvenile justice system, the
inquiry recommended the federal government co-ordinate the development
and implementation of a national strategy to reduce truancy.
Disciplinary measures
The Convention requires
that school discipline be administered in a manner consistent with children's
human dignity and other rights, such as children's right to be heard on
matters that affect them. The inquiry acknowledged that schools need to
discipline students to ensure the safety of the school environment and
to ensure that children's behaviour does not jeopardise the learning opportunities
of other students. It can be an important means of teaching children about
their responsibilities to others and to the community. However, disciplinary
processes must be consistent, clear and fair. Arbitrary punishment sends
inappropriate messages to children about adult authority and the credibility
of legal processes in general.
Exclusion processes
The serious consequences
of exclusion make it essential that these decisions are made according
to impartial and clear procedures. The inquiry recommended the development
of national standards for school discipline setting out the permissible
grounds for exclusion and the processes to be followed when a government
school proposes to exclude a student. They include
- a requirement
that students and carers be informed in writing of the reasons for exclusion
and be given an opportunity to respond
- to ensure impartiality,
reviews of serious exclusions (i.e. 14 days or more) should be conducted
by a panel of school and community representatives at least one of whom
is from outside the particular school community
- in the case of
serious exclusions the child should be entitled to an advocate in the
disciplinary process and review proceedings.
Alternative dispute
resolution
A number of submissions
to the inquiry raised the need for neutral mediation processes to resolve
disputes in schools, as opposed to traditional processes that can be quite
intimidating for students. The inquiry considered that community accountability
conferencing has considerable potential as a means of dealing effectively
with school disputes and of reducing exclusion rates. It promotes a contextual
approach to problem solving and may help to stop behavioural difficulties
from escalating. It was recommended that the national standards for school
discipline should provide conferencing models appropriate for use in schools.
Corporal punishment
Historically the
law has permitted teachers to administer corporal punishment to students
as 'lawful correction'. Corporal punishment remains lawful in some Australian
jurisdictions although most States and Territories have limited the practice
by legislation, regulation or policy. Children deserve the same level
of protection from assaults as adults. Corporal punishment conveys unfortunate
signals to children about the way legal processes work and fits poorly
with the principle that school discipline should be administered in a
manner with the child's dignity. The Australian College of Paediatrics
policy statement on corporal punishment highlighted the long-term adverse
effects on some children as a result of this practice as well as its general
ineffectiveness in encouraging more responsible behaviour. Submissions
to the inquiry indicated broad support for the prohibition of corporal
punishment in schools. The inquiry recommended that corporal punishment
should be banned in all Australian schools (including independent schools).
Implementing
the recommendations
The recommendations
in Seen and heard, if taken seriously, will enhance the quality
of education for many students, will make the legal processes in education
fairer and more participative and will help children and young people
gain a better understanding of their rights and responsibilities as citizens.
Teachers have a very important role to play in implementing these reforms.
They can do this by lobbying the federal government through their peak
professional organisations. They can also encourage action by government
agencies and at the school level where appropriate.
However, most important
is the role teachers play in relation to the children. Teachers interact
with children every day and are in a position to identify the children
at risk of dropping out of the education system. The importance of early
intervention cannot be emphasised enough.
For further information
This article is intended
only as a brief guide to the education aspects of Seen and heard: priority
for children in the legal process. If you would like more detailed information, please refer to the full report.
Last
updated 24 February 2006.