the conventional idea that students are the subject of guidance, not a part of the school
community.
32. The Periodic Report describes the operational status of several bodies
designed to promote children's promotion, such as the Special Commission on Youth
and the Korean General Assembly on Children (para. 118~129). Still, most of them,
having failed to secure substantial participation of the children in the decision-making
process, are no more than a formality, largely due to the lack of space and budget and
the low awareness about the significance of children's participation.
33. As mentioned in the Periodic Report, under the current national legislation
including the Civil Code, when ruling on the matters such as parental authority, the
Family Court is required to listen to the views of any child aged 15 or above (para. 91).
There have been also efforts to hear the views of children under the age of 15 during the
trials. However, it has been considered that the age standard could be lowered in view of
physical and mental development progress of children. In 2009, the NHRCK presented
its view to revise the existing legal provision on the age standard.
34. The Government should monitor whether students' opinions are
substantially reflected in devising and revising the school regulations and students
participation in a student council or union are guaranteed by school authorities.
Furthermore, it should take measures to ensure that students’ bodies in schools
would functions properly. Moreover, the age threshold of the child whose opinions
should be listened to, which is now 15 under the current law, could be lowered.
Ⅳ. Civil Rights and Freedoms (Articles 7, 8, 13~17 and 37 (a))
1. Freedom of Expression, Association and Assembly (Articles 13 and 15 of
CRC)
Students' Freedom of Expression, Association and Assembly
(CRC/C/KOR/3-4, para. 152~153)
35. Many schools restrict the freedom of expression, association and assembly
of the children. Some school regulations still ban the students' political activities and
after-school assemblies. NHRCK has made several recommendations in regard of the
restriction on these freedoms. For instance, NHRCK recommended a remedial measure
for the cases in which a student was forced to make a written statement and go through
a disciplinary procedure for having given out fliers at school (in 2008); and a student
was forbidden to run for the chairman of the student council, on the ground that he had
been engaged in the activity to revise the school regulations (in 2009).
36. The Government needs to provide measures to ensure school
authorities to respect the students’ freedom of expression, association and assembly.
Additionally, it could ensure that the school regulations which are feared to restrict
the freedom are investigated and improved.
9