makes the complaint is easily leaked, the complaint information
and channels are not transparent, the child is not contacted after
the complaint is accepted and the status of the complaint is
difficult to track, and some members of the Student Appeal
Review Committee are not recused when necessary, which may
compromise the equity in the results of the complaint.
(2) The MOE has not systematically consulted with children in the
review of the complaint mechanisms for student complaints,
school bullying, gender equality, and school counseling.
56. Recommendation: Governments and schools at all levels should collect
children's opinions and establish complaint mechanisms that meet the 6
indicators to stay child-friendly. In particular, such mechanisms
provided to children (including sexual minorities) should ensure
anonymity and privacy protection, and information about such
mechanisms and channels should be extensively disseminated.
Children's Complaints in Schools
57. The NHRC recognizes the inclusion of a specific chapter on student
rights and responsibilities in the Senior High School Education Act and
that schools provide for a student complaint process under Article 54,
which protects the right of students or student self-governing
organizations to filing complaints to schools. However, the current
process of handling cases in which teachers punish students in violation
of the law is based on the Regulations on Dismissal, Non-renewal, and
Suspension or Severance of Teachers in Primary and Secondary
Schools and the Regulations on the Evaluation of Teachers'
Performance in Public Primary and Secondary Schools or the Teachers'
Act. However, while teachers are the respondents subject to the above
regulations, students and parents are not considered parties to a case and
therefore not eligible to receive the investigation report and the results,
which seriously impacts students'/complainants' right to know and to be
heard.
58. Recommendations:
(1) The MOE shall conduct a statistical survey on the types and
contents of student complaints, and especially analyze
31