the school when such assembly is likely to violate the right to give lessons or undermine
students’ safety. In addition, 15.6% of the respondent teachers and 14.3% of the respondent
parents replied that students need to obtain prior permission from the school to hold an
assembly within the school.
51.
It is also shown that children’s freedom of privacy has been restricted: 12.9% of 2,616
middle school students and 21.2% of 3,484 high school students said that they had ever had their
possessions inspected with no individual consent being given in advance. In addition, in relation to
the installation of CCTVs on campus, 14.5% of 842 teachers and 13.4% of 1,838 parents
responded that the school may make an independent decision to install CCTVs on campus.
Moreover, it is revealed that the school regulations in about 92.6% of the schools include the
provisions which infringe on children’s right to develop and express their personality and their
freedom of communication, such as excessive restrictions on their hairdo and dress and the ban on
the use of the cell phone even during non-class time.
52.
The NHRCK made it clear, already in 2005, that students’ right to appearance is a
fundamental right as it is equivalent to ‘the right to the freedom of developing and expressing
personality’ and ‘the right to self-determination’ and, in April 2019, recommended that the
school regulations which totally ban students from perming or dyeing their hair should be
amended after opinions are collected from all school members. Additionally, in relation to the
practice in which students’ cell phones are all collected at the time of their arrival at school and
are returned at the time of their departure from school, the NHRCK has recommended that the
practice should be improved after the students’ opinions are collected, calling the practice an
excessive restriction on the students’ freedom of communication and their freedom of common
action.
53.
The students’ rights ordinance in the local governments of Seoul City, Gyeonggi-do,
Gwangju City and Jeollabuk-do, explicitly provides for the freedom of privacy, the freedom of
conscience and religion, the freedom of expression, the right to realize personality, the right to
self-governing activities and the right to participation but, in practice, these freedoms and rights
are not fully guaranteed for students in schools.
54.
The Government should ensure that, when the school rules or regulations restrict
students’ rights, including the right to self-determination, such restriction is done to the
minimum necessary for education purpose.
Issue 18. Students’ Rights Ordinance
55.
The superintendent of the Gyeongsangnam-do Office of Education announced a plan
to formulate a students’ rights ordinance in November 2017 and proposed a draft of the
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