 |
|
 What
Are Human Rights?
What
Does The Human Rights Act 1998 Do?
What
Are The Convention Rights?
Special
Educational Needs
Curriculum
Discrimination
Discipline
Exclusion
Home
Education
School
Uniform
|
 |
WHAT
ARE HUMAN RIGHTS? |
|
|
Human Rights are often referred to
as civil liberties or fundamental freedoms. They are basic legal rights,
often applying across international boundaries. Human rights often take
precedence over other legal rules.
Some international human rights have found their way into Scots law.
The United Nations Convention on the Rights of the Child says that the best
interests of children are to be a primary consideration. This is now
reflected in the Children (Scotland) Act 1995. The UN Convention also says
that children's own views should be given due weight and consideration.
This rule can now be found in both the Children (Scotland) Act 1995 and the
Standards in Scotland's Schools etc. Act 2000. Also in the 2000 Act is a
provision that education should be directed to the development of each child's
personality, talents and physical and mental abilities to their fullest
potential. This, too, is taken from the UN Convention.
The most part of the European Convention of Human Rights (ECHR) is now part of
Scots law, since the coming into force of the Human Rights Act 1998.
Back
To Top
|
|
WHAT
DOES THE HUMAN RIGHTS ACT 1998 DO? |
|
|
All Acts of the
Westminster Parliament (such as the Education (Scotland) Act 1980) are to be
interpreted in line with the Convention rights.
Acts of the Scottish Parliament (such as the Standards in Scotland's Schools
etc. Act 2000) are only valid insofar as they are compatible with the ECHR.
[This is due to the Scotland Act, not the Human Rights Act].
It is unlawful for a "public authority" (such as an Education
Authority) to act in a way which is incompatible with Convention rights.
If a Convention right has been breached, the victim can bring legal action
against the authority, or raise the point in an existing court action between
the two.
The court or tribunal can give any remedy within its powers as it considers just
and appropriate (including compensation).
Back
To Top
|
|
WHAT
ARE THE CONVENTION RIGHTS |
|
|
There are
several. Article 2 of Protocol One deals directly with education:
No-one is to be denied the right to education. This assumes a pre-existing
right to education, such as now exists for children of school age in Scotland.
The State must respect the right of parents to ensure that their child's
education conforms with their religious and philosophical convictions.
This latter provision is accepted by the UK only insofar as is compatible with
the provision of efficient instructions and training and the avoidance of
unreasonable public expenditure.
Back
To Top
|
|
SPECIAL
EDUCATIONAL NEEDS |
|
|
Several human rights cases have
been brought either arguing that children in mainstream schools should be
educated in special schools or vice-versa. The European Court of Human
Rights allows States a wide discretion ("margin of appreciation") on
how best to use its resources to benefit children with disabilities.
Back
To Top
|
|
CURRICULUM |
|
|
The setting of a curriculum is
also said to be within a State's margin of appreciation. Parents cannot
insist that a curriculum be altered in line with their own religious or
philosophical convictions. However, the Court has stated that information
and knowledge should be conveyed in an "objective, critical and pluralistic
manner" i.e. indoctrination is banned.
Back
To Top
|
|
DISCRIMINATION |
|
|
In securing Convention rights for
children (and others), public authorities must not discriminate on the grounds
of: language; religion; political or other opinion; national or social origin;
association with a national minority; property; birth or other status (incl.
disability).
Back
To Top
|
|
DISCIPLINE |
|
|
Disciplinary
penalties are not necessarily a breach of human rights. Indeed, they are
seen as an integral part of schooling.
Disciplinary measures or punishments must not amount to inhuman or degrading
treatment.
Disciplinary measures must not conflict with the parents' religious or
philosophical beliefs.
Disciplinary measures must not interfere with a child's right to liberty (e.g.
compulsory detention).
Disciplinary measures must not interfere with a child's right to peaceful
possession of property (e.g. confiscated items should usually be returned).
Disciplinary measures must not have a discriminatory effect.
If it is arguable that a disciplinary measure would breach a child's Convention
rights, there should be an opportunity to challenge the punishment.
Back
To Top
|
|
EXCLUSION |
|
|
Punitive exclusion from school is
not, in principal, a breach of the right to education, although it will be
subject to close scrutiny if there is no alternative education offered.
Back
To Top
|
|
HOME
EDUCATION |
|
|
It is unclear whether the right to
education includes a right to educate at home. The State can make school
compulsory and can impose penalties for non-attendance. The State may
impose conditions and regulate home education where it is permitted. These
are not breaches of a child's or parent's human rights.
Back
To Top
|
|
SCHOOL
UNIFORM |
|
|
It is not a breach of a child's
human right to freedom of expression to insist on the wearing of school uniform
during school hours.
Back
To Top
|
Home
Information
