28. As is described in the Periodic Report, 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).
Considering that children develop in both physical and mental terms at a faster pace now than
before, the age of 15 is too late. Moreover, there are not sufficient institutional arrangements to
speak for the children who have difficulty in expressing themselves for a reason of younger age or
immaturity. NHRCK, already in 2009, expressed the view that legislative measures should be taken
to address this problem (in presenting the opinion on the revision bill of the Civil Code).
2) Questions
29. What measures does the Government plan to undertake to guarantee that children's views are
respected at school and they have the opportunity of participating in school matters? Does the
Government have any plan to lower the statutory age of 15 from which the Family Court is
required to listen to the children's views, and to create an institutional arrangement to represent the
children who, for a reason of younger age or immaturity, have difficulty in fully expressing
themselves?
Ⅳ. Civil Rights and Freedoms (Articles 7, 8, 13~17 and 37 (a))
1. Freedoms of expression, association and privacy
1) Current situation
30. In spite of the recommendation of the Committee on the Rights of the Child, the school
regulations in many schools restrict the freedoms of expression and association of the children.
Some school regulations still ban the students' political activities and after-school assemblies. The
children's right to express their personality in relation to their hair length or style or clothing is
being restricted by the school regulations or under the discretionary judgment of the school
authority.
31. NHRCK has made several recommendations in regard of the restriction on the freedoms of
expression and association. In 2005, NHRCK, noting that a forced haircut, against the student's will,
constitutes a violation of his/her human rights, recommended that the restriction and control on hair
length and style should be minimized to what is necessary for educational purpose and the students'
views should be substantially reflected in that regard. Additionally, NHRCK recommended a
remedial measure for the cases in which a student was forced to make a written statement and go
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