Ahn Chang-ho, Chairperson of the National Human Rights Commission (NHRC), said on the 21st in a statement that the commission is concerned about the Seoul Metropolitan Council's push to abolish the student rights local government ordinance.
Chairperson Ahn said, "We ask members of the Seoul Metropolitan Council to reconsider the abolition of the student rights local government ordinance," adding, "It should be a priority to discuss in depth with school members and stakeholders the desirable direction of the student rights local government ordinance."
Chairperson Ahn said, "The student rights local government ordinance can be a means to realize a human rights-friendly school," and "Protecting student rights and ensuring teachers' authority, as required in the school field, are not in an adversarial relationship."
He went on to say, "Most of the difficulties raised in schools now can be said to stem from a structure that requires teachers to resolve a lack of integrated support for students and teachers with their individual capabilities."
Chairperson Ahn said, "The UN Committee on the Rights of the Child has pointed out that 'children do not lose their human rights when they pass through the school gate,'" adding, "Now is precisely the time when more thought is needed on how to make schools more human rights-friendly."
The Education Committee of the Seoul Metropolitan Council put forward and passed an ordinance bill to abolish the student rights local government ordinance on the 17th. The abolition bill also passed the Seoul Metropolitan Council in April last year, but the Supreme Court granted the Seoul Metropolitan Office of Education's request for a stay of execution, and the abolition is currently on hold.
The student rights local government ordinance was first enacted by the Gyeonggi Provincial Office of Education in 2010 and is currently in effect in seven cities and provinces. Seoul adopted it in 2012. While there are some regional differences, it includes provisions such as the right of students not to be discriminated against and guarantees of rest and privacy.
However, there have also been continued claims that the student rights local government ordinance is declarative content already guaranteed by the Constitution, making it of limited effectiveness. In particular, following a teacher at Seoul Seoi Elementary School taking an extreme step in 2023 and the subsequent implementation of the Student Life Guidance Notice, some say that the ordinance, a subordinate law to the notice, has lost its significance.