OPV 322 Week 2 Human Rights in the Classroom PDF

OPV 322 Week 2: Human Rights in the Classroom Class Presentation Human Rights in the classroom Chapter 1 continued This PowerPoint presentation was created using material from the book: Joubert, R., & Prinsloo, S. (2013). Creating safe and effec...

OPV 322 Week 2: Human Rights in the Classroom Class Presentation Human Rights in the classroom Chapter 1 continued This PowerPoint presentation was created using material from the book: Joubert, R., & Prinsloo, S. (2013). Creating safe and effective classrooms. Pretoria: Van Schaik. 2 www.up.ac.za  Implementation of human rights in classrooms Human rights do not exist in isolation – all rights apply and are sometimes interrelated (e.g. infringement of the right to freedom and security, which applies to corporal punishment and searches for drugs, also affects the right to human dignity as well as the right to privacy) Applicability of rights in a specific situation depends on the issue that is at stake, the relationship and the context: - Although the same right may be in question in similar cases, the outcome of each case may be different and will depend on the facts and circumstances of the situation. Each case must be considered in terms of its facts and merit 3  Equality (Section 9) Constitution section 9(1) Everyone is equal before the law and has the right to equal protection and benefit of the law. Section 9(2) Equality includes the full and equal enjoyment of all rights and freedoms. Affirmative action: see Section 9(2) No one may unfairly discriminate: mentioned: Section 9(3) of the Constitution 17 grounds Direct (obvious) and indirect (more subtle: “pygmy”) discrimination Fair discrimination: 4 aspects 4 www.up.ac.za  Differentiation and discrimination Differentiation means treating people differently for a specific reason. (employ Chinese in Chinese rest) If the differentiation amounts to “discrimination, the question is whether it amounts to “unfair discrimination”. Unfair discrimination means treating persons differently in a way which impairs their fundamental dignity as human beings who are inherently equal in dignity. This differentiation cannot be justified. Discrimination based on a ground specified in section 9(3), will be presumed unfair unless the contrary can be proved 5 www.up.ac.za  *Remember the following Everyone has a right to equality. Remember that not all humans are equal. However, we are "equal before the law". Read all the sub-sections on p9-10. The catch: we are not all equal, but we are equal before the law.  Human dignity (Section 10) Everyone has inherent (inborn) dignity and the right to have their dignity respected and protected All other human rights are linked to human dignity Violations may occur: – During disciplinary actions – Communication with learners – Allowing learners to bully others – Not respecting the security and privacy of learners www.up.ac.za  Human dignity (Section 10) Violations Vio occur: – Interactions between educators and learners (belittling, name calling and humiliating learners) – During initiation ceremonies for newcomers – Interactions on the playground – On the sports fields (different schools competing) – During LO practical periods – Principal/SMT towards teachers  Freedom and security of person (Section 12) Which includes: - To be free from all forms of violence - Not to be tortured in any way - Not to be treated or punished in a cruel, inhuman or degrading way - Corporal punishment is outlawed as a form of punishment for learners - Community service, cleaning of classrooms and picking up litter are disciplinary measures that will be easily justified www.up.ac.za  Right to privacy (Section 14) The right not to have: a) their person or home searched; b) their property searched; c) their possessions seized; or d) the privacy of their communications infringed Learners think their possessions may not be searched NB: Educators must have “reasonable suspicion” that an individual is in possession of a dangerous weapon or substance (NB: not a whole class being searched!) The principal authorises, a person of their own gender to search, another teacher as a witness, in private, if learner refuse search SAPS will contact the parents after the search, if something has been found www.up.ac.za  Privacy, security, dignity Sections 10, 12 and 14 All three rights must be considered simultaneously. Prioritise – safety comes first Schools Act, sections 8 and 8A Searches and seizure (right to privacy): – Two variables that must be considered under the reasonableness standard, that is, – the thing (dangerous weapons or drugs) that the the searcher is seeking and the – sufficiency of the information or the informant who led the searcher to believe a search was necessary. 11 www.up.ac.za  Freedom of religion, belief and opinion (Section 15) (1) Everyone has the right to freedom of conscience, religion, thought, belief and opinion (2) Religious observances (assemblies) may be conducted at state or state-aided institutions provided that: (a) those observances follow rules made by the appropriate public authorities (SGB) (b) they are conducted on an equitable basis (c) attendance at them is free and voluntary (if parents don’t want their children to attend, schools must provide teachers to supervise these kids in classes) 12 www.up.ac.za  Freedom of religion, belief and opinion National Policy on Religion and Education (not an act) – Distinguish between religion education (subject on all major religions) and religious observances (assemblies: prayer, scripture reading & singing) – Role of the SGB in the above (make rules, responsible for religion policy) When and how may schools conduct religious observances? Learners and educators may not be forced to participate in religious observances. Life Orientation (subject) must include the study of various religions of SA 13 www.up.ac.za  MEC for Education: KwaZulu-Natal v Navaneethum Pillay CASE: CCT 51/06 decided on 5 October 2007 in Constitutional Court (Law of Ed, 2015:p.102) Mrs Pillay gave Sunali permission to pierce her nose and insert a small gold stud. Against the school’s code of conduct. Mother approached the Department, Equality Court and High Court, finally the Constitutional Court judged the case The alleged grounds of discrimination are religion and/or culture. The practices and beliefs that make up an individual’s cultural identity will differ from person to person within a culture. 14 www.up.ac.za  Pillay continued: The Constitutional Court affirmed that the school unfairly discriminated against her religion and culture and ordered: Code of conduct should set realistic boundaries and provide a procedure to be followed in applying for and the granting of exemptions for cultural and religious practices. In Antonie v. Governing Body, Settlers High School and Others 2002 (4) SA 738 (C) Wearing dreadlocks may not be considered serious misconduct in a school. (Law of Ed, 2015:p.127) 15 www.up.ac.za  Freedom of expression (Section 16) (1) Everyone has the right to freedom of expression, which includes: (a) freedom of press and other media (b) freedom to receive or impart (give) information or ideas (c) freedom of artistic creativity (d) academic freedom and freedom of scientific research (2) The right in subsection (1) does not extend to: (a-c) propaganda for war, incitement of violence and advocacy of hatred that is based on discrimination 16 www.up.ac.za  Freedom of expression Include all forms of communication: written and spoken word, music, dress, paintings, symbols, gestures, hairstyle This right is not absolute: the right of the learner/educator to have his dignity/integrity protected Antonie v Governing body, Settlers High School Issues here (concerning dreadlocks): – Dignity, religion, beliefs – Freedom of expression: what a person wears, symbols and hairstyle 17 www.up.ac.za  Children’s rights (Section 28) (1) Every child has the right: (b) To family/parental care, or alternative care when removed from the family environment (c) To basic nutrition, shelter, basic health-care services and social services (schools are sometimes in the best position to fulfill this) (d) To be protected from maltreatment, neglect, abuse or degradation (human dignity, security) (2) A child’s best interests are of paramount importance in every matter concerning the child Section 28 obliges the school to respect, protect and fulfill these children’s rights in the school context offences, in accordance with the values underpinning our Constitution 18 www.up.ac.za  Children’s rights Regarding the abovementioned, one of the important duties of educators, is the common law principle of “in loco parentis” The school/teachers have the duty to report violations of subsection 1.d: e.g., neglect or abuse Section 42(1) of the Children’s Act confirms this abovementioned compulsory duty of educators (3) In the abovementioned section 28 “child” means a person under the age of 18 years, therefore persons above 18 are not bearers of these rights and are not protected by them 19 www.up.ac.za  Right to a safe environment (Section 24) Everyone has the right a) to an environment that is not harmful to their health or well-being (clean, safe and harmonious) “Guidelines for the Consideration of Government Bodies in Adopting a Code of Conduct for Learners” (DBE, 1998) specifies this right includes security of property, well-cared school facilities, school furniture and equipment, clean toilets, water and green environment and absence of harassment Obligations of teachers: – Observe and identify dangerous situations – Take preventative actions – Ensure a disciplined classroom www.up.ac.za  The right to education (Section 29) (1) Everyone has the right - (a) to basic education including adult basic education, SASA (s.3): education is compulsory until 15 years or Gr9, level 1, this equals ABET level 4 (NQF) (b) and to further education, which the state, through reasonable measures, must make progressively available and accessible. This phase ends in Gr12 or level 4 (NQF) (2) Everyone has the right to receive education in an official language/s of their choice where reasonably practicable. To ensure the implementation of this right, the state must consider, all reasonable alternatives ( to start with a new language (LOLT) in school, you need 15-20 learners) 21 www.up.ac.za  Right to education - Including single medium institutions, taking into account- (a) equity; (b) practicability; and (c) the need to redress the results of past racially discriminatory laws and practices -If a learner disrupts a class continuously, he denies the other learners their right to education, therefore his right to education may be limited, and he may be removed from the class until a conversation with him and his parents takes place, a disciplinary hearing before SGB, where after he may be suspended for 7 days www.up.ac.za  Special needs education (not a defined right) White Paper 6 – Issues: not legislation, therefore not legally binding on schools to admit learners with special education needs(very stressful). – School mission statement (not included). – Challenges (infrastructure: wheelchair/ trained staff: experience/ funding: eye, hearing and disability problems/ LTSM) – Equality/dignity/safe environment ??? 23 www.up.ac.za  Just administrative action (Section 33) (1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair Promotion of Administration Justice Act (no.3 of 2000) Purpose of Act: carry section 33 out in practice otion3 200 (2) All actions that affect a person’s rights must follow due process (part of CoC) for educators and learners Due process means the correct administrative procedure: Disciplinary hearing: hearing evidence, adequate notice of admin action to learner and parents, conducting disc hearing, listening to both sides, adjourning the hearing, considering the facts, giving a clear statement of the action/ outcome and provide reasons, allowing the learner to appeal Code of Conduct (school rules) is included in this human right 24 www.up.ac.za  Relationship between rights and obligations Everyone is entitled to the rights contained in the Bill of Rights. Your entitlement to these rights does not mean you may infringe on the rights of other people. Every right has a corresponding duty/obligation Example: The right to education (for learners) is balanced by the obligation to attend school and to respect other persons’ right to education and to study. Educators have a duty to ensure effective teaching and learning www.up.ac.za