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Article 28(2) of United Nations Convention and the Child's Rights

   

Added on  2021-05-31

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ADMINISTRATIVE LAWPART - AThe biggest flaw in our education system1 is that although there is an implied contractbetween the school administrations and the parents which defines the services which theschools will provide. There is no provision about what the Child actually requires fromthe system as the child’s situation is not covered under any education law orregulation2.I would like to bring forth Article 28 (2) of United Nations Conventionwhich states that the Australian government has to ensure that discipline in schools mustbe administered in a manner which is consistent with the child's human dignity. We arestill teaching the children in schools the lesson about obedience. Children are requiredto obey the school rules and also must obey all the requests (demands) made by theteachers3.In this context, the Education Reform Act 1990 of New South Wales is the first in thecountry in provide an unequivocal right to every child to receive education. By givingevery child the right to education, the Act makes the parents primarily responsible forproviding that education4. Along with this, it also emphasises that, and I quote – “it isthe 'duty of the state to ensure that every child receives an education of the highestquality'.” Unquote. What this Act implies is that education should be the jointresponsibility of parents and State Governments and Section 6 (I) (m) of the Act clearlyexplains that State Government is the senior partner5.The present schooling system has been inherited form the church-run schools of 17thcentury, which were run as correctional institutions. The schools are still followingthoseBiblical and societal dictums which had opinionated that children can learn ontheir own most of the skills they needed to learn, but they cannot learn obedience, soobedience has to be taught andpunishmentis the right tool for teaching it6.1Ramsay v. Larsen (1964) 111 CLR 162Gillick v. West Norfolk AHA [1986] AC 1123Geyer v. Downs (1977) 138 CLR 914 Section 122 of Education Reform Act, 1990 (NSW)5Equal Opportunity Act, 1994 (Vic)6Minister for Aboriginal Affairs v Peko-Wallsend Ltd

This Territory Teachers Regulations 2009 (ACT) is also aiming at introducingobedience as a tool in schooling and is trying to make punishment as the main guidelinefor teaching it. The only change we are trying to bring about is of replacingbeatingwith grades7. This clearly confirms the fact that punishment is intimately woven into our schoolingsystem and we find ourselves incapable of separatingeducationfrom punishment. Donot create a society where punishment is considered inevitable and where a teachertakes teaching as a job to make a child learn something which the child is not preparedto learn.A UNICEF Report headed 'Is physical punishment illegal?' has rankedAustralia at the bottom of the list listing 27 industrialized nations.Another noteworthy development stated by The Australian Primary PrincipalsAssociation is that teachers are more likely to get more children with serious medicalconditions in the classrooms8. Hence, it is for the government to implement the SpecialNeeds Registration requirements for early Childhood teachers for:Supporting all students;Making education more inclusive; andEnsuring teachers come equipped to support students who have a disability9.My advice to the members of the Teachers Union is to refrain from making our childreninto ‘obedient’ students. In fact, the task of teachers should be to build a society full of‘observing’ citizens.7 Article 12 of the United Nations Convention on the Rights of the Child8Geyer v. Downs (1977) 138 CLR 919Ruddock v Vadarlis (2001) 110 FCR 491

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