{"id":2205047,"date":"2024-05-09T18:08:53","date_gmt":"2024-05-09T09:08:53","guid":{"rendered":"https:\/\/koreapro.org\/?p=2205047"},"modified":"2024-05-10T21:29:32","modified_gmt":"2024-05-10T12:29:32","slug":"seouls-repeal-of-student-rights-ordinance-sparks-debate-over-balance-of-power","status":"publish","type":"post","link":"https:\/\/koreapro.org\/2024\/05\/seouls-repeal-of-student-rights-ordinance-sparks-debate-over-balance-of-power\/","title":{"rendered":"Seoul\u2019s repeal of student rights ordinance sparks debate over balance of power"},"content":{"rendered":"
The Seoul Metropolitan Council\u2019s decision to <\/span>repeal<\/span><\/a> the <\/span>Seoul Student Human Rights Ordinance<\/span><\/a> has reignited debate over the balance between student rights and educators\u2019 authority. Additionally, the repeal risks weakening student rights and reversing progress in recognizing and protecting students\u2019 fundamental human rights.<\/span><\/p>\n The ordinance, introduced a decade ago to prevent discrimination based on factors such as academic performance, enhanced student rights by protecting against discrimination and violence and promoting the right to an education tailored to individual abilities.<\/span><\/p>\n However, critics argue that the ordinance weakened teachers\u2019 authority and infringed on other students\u2019 rights to education by overemphasizing individual student rights. The repeal has sparked discussions on the appropriate extent of student rights, the role of educators and potential legislative adjustments needed to address the evolving nature of student-teacher dynamics.<\/span><\/p>\n RISE AND FALL<\/b><\/p>\n Gyeonggi Province<\/span><\/a> first enacted the Student Human Rights Ordinance in 2010. <\/span>Gwangju<\/span><\/a> followed in 2011 and <\/span>Seoul<\/span><\/a> in 2012. However, in some instances, such as in South Gyeongsang Province, the enactment failed due to opposition from religious groups and conservative parent organizations.<\/span><\/p>\n The Constitutional Court <\/span>ruled<\/span><\/a> in 2019 that the ordinance aligned with the ROK Constitution, making it applicable nationwide. Despite this ruling, the South Chungcheong Provincial Assembly repealed its provincial student rights ordinance in Dec. 2023.<\/span><\/p>\n All affirmative votes <\/span>came<\/span><\/a> from the province\u2019s People Power Party (PPP) lawmakers, who have historically opposed the ordinance, claiming it promotes homosexuality, infringes upon students\u2019 learning rights and potentially harms students.<\/span><\/p>\n The Seoul Metropolitan Council <\/span>followed suit<\/span><\/a> on April 26. The city\u2019s council chairman had proposed the bill the previous month in response to a petition from the Seoul Metropolitan Student Rights Ordinance Abolition Citizens\u2019 Alliance, a coalition of religious and parent groups.<\/span><\/p>\n All of the council\u2019s <\/span>PPP members voted in favor<\/span><\/a> of the motion, while Democratic Party of Korea members who opposed it abstained from voting. This marked the second instance of the ordinance being repealed 12 years after its enactment.<\/span><\/p>\n Meanwhile, Gwangju City Council <\/span>stated<\/span><\/a> that it received a petition signed by more than 10,000 people <\/span>calling<\/span><\/a> for the abolition of the city\u2019s student rights ordinance.<\/span><\/p>\n Groups urging the abolition of the Seoul Student Rights Ordinance hold a rally in front of the Seoul Metropolitan Council, April 26, 2024 | Image: National Coalition for a Healthy Society<\/a><\/p><\/div>\n EXCESSIVE RIGHTS<\/b><\/p>\n Other groups like the National Alliance to Oppose Homosexuality and the Amendment of the Constitution for Same-Sex Marriage also supported the ordinance\u2019s abolition.<\/span><\/p>\n The organization <\/span>criticized<\/span><\/a> the student rights ordinance, arguing that the ordinance resulted in the \u201cexcessive protection of student rights\u201d and undermined teachers\u2019 authority.<\/span><\/p>\n They claim that the ordinance, which guarantees students\u2019 right to rest, resulted in teachers allowing students to take breaks during class time, contributing to a \u201cdecline in basic academic skills.\u201d<\/span><\/p>\n The group also argued that the ordinance promoted sexual misconduct by conducting sex rights education, which they claim misled students into believing they have the right to engage in sexual activities.<\/span><\/p>\n Additionally, the group criticized the ordinance for prohibiting teachers from inspecting students\u2019 personal belongings under the guise of protecting students\u2019 privacy, which the group claims prevented the detection of weapons or drugs, thereby posing \u201cnumerous problems.\u201d<\/span><\/p>\n Cho Hee-yeon, the Seoul Metropolitan Office of Education superintendent, protests in front of the Seoul Metropolitan Office of Education after the unilateral passage of the student rights abolition bill, April 26, 2024 | Image: Cho Hee-yeon<\/a><\/p><\/div>\n EXPERT PUSHBACK<\/b><\/p>\n Sung Ki-sun, an education professor at the Catholic University of Korea and former director of the Korea Institute for Curriculum and Evaluation, discussed the controversies surrounding the Student Human Rights Ordinance with <\/span>Korea Pro<\/span><\/i>.<\/span><\/p>\n He pointed out that conservative Christian groups have particularly taken issue with the ordinance\u2019s provisions that recognize the rights of sexual minorities and gender identity, which they \u201cexaggerate to claim as problematic.\u201d<\/span><\/p>\n The expert told <\/span>Korea Pro<\/span><\/i> that the debate intensified after a 23-year-old teacher at Seo-i Elementary School committed suicide last year as some critics argued that the ordinance infringed on teachers\u2019 rights.<\/span><\/p>\n However, Sung emphasized the need for balance, stating, \u201cBoth student rights and teachers’ rights to educate are equally important and should be harmoniously balanced.\u201d He rejected the notion that the ordinance was the principal cause of such issues, noting that this claim \u201cis not accepted in practice.\u201d\u00a0<\/span><\/p>\n The Seoul Metropolitan Office of Education also voiced its opposition to abolishing the ordinance, stating that four laws protecting teachers were passed following the teacher\u2019s death last year.<\/span><\/p>\n Cho Hee-yeon, the Seoul Metropolitan Office of Education superintendent, <\/span>stated<\/span><\/a> that while the current measures to protect teachers are still insufficient, various strategies are being implemented.<\/span><\/p>\n He argued that repealing the Student Human Rights Ordinance under the guise of protecting teachers would harm the teaching community by defining the rights between teachers and students as adversarial.<\/span><\/p>\n Cho met with reporters immediately after the Seoul Metropolitan Council repealed the ordinance to express his disappointment, describing it as \u201ca significant setback for the rights of students and citizens.\u201d<\/span><\/p>\n The National Youth-Citizen Action for Student Rights group holds an urgent press conference in front of the Seoul Metropolitan Council, demanding to stop the attempted abolition of the Seoul Student Rights Ordinance, April 26, 2024 | Image: National Youth-Citizen Action for Student Rights <\/a><\/p><\/div>\n IMPORTANCE OF STUDENT RIGHTS<\/b><\/p>\n