The Intersection of Students' Rights and Responsibilities

"There is no trust more sacred than the one the world holds with children. There is no duty more important than ensuring that their rights are respected, that their welfare is protected, that their lives are free from fear and want and that they can grow up in peace."- Kofi Annan
The practice of school administrators in Jamaica to lock students out of school for being late or for wearing the incorrect uniform is nothing new.  What is perhaps new is the fact that social media is alive and well and everything now goes viral once it goes on the internet. By now most of us would have seen the video clip of a group of high school students who were locked out of school at a well known co-educational institution in East Kingston. In addition to being locked out of school for arriving late the students were caught in an afternoon torrential rain forcing them to shelter under umbrellas. This video went viral and prompted the Education Ministry to issue directives to school administrators to cease and desist from this practice.  Jamaica is a signatory to the United Nations Convention on the Rights of the Child.  The United Nations General Assembly adopted the Convention on the Rights of the Child on November 20, 1989. Following the establishment of the treaty, the United Nations General Assembly enacted the treaty on September 2nd of 1990, after it was ratified by the required number of nations. As of November of 2010, 195 countries have ratified the Convention on the Rights of the Child, including every member of the United Nations except for the United States of America and Somalia.  The Convention on the Rights of the Child is a human rights treaty established and maintained by the United Nations. The Convention on the Rights of the Child focuses on the civil, economic, social, political, cultural and health issues of children throughout the world. The treaty in general defines a child as any human being under the age of eighteen, unless an earlier age of majority is established and subsequently recognized by a particular country’s law. This recurring issue which has plagued #Jamaica’s education system for decades speaks to a wider societal problem, that of flouting of laws. Some may argue that some principals, both in the public and private education systems are unaware of the treaty and as such are unfamiliar with the rights children now have. The Jamaican education system has been, and continues to be plagued by weak and ineffective school leadership. One should not be surprised that the practice of barring students from their education persists despite this being a clear violation of international treaties. Are we going to see an end to this unethical and illegal practice anytime soon? The jury is still out on this question.  We continue to say the children are our future yet by barring them from their education we are robbing them of a future. Yes, students have a responsibility in ensuring that they arrive on time at school.
Article 28 –Convention on the Rights of the Child
1. States Parties recognize the right of the child to education and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:
(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate means;

(d) Make educational and vocational information and guidance available and accessible to all children;  (e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention.

Article 29 also speaks to right to an education for all children.

Article 29
1. States Parties agree that the education of the child shall be directed to:

(a) The development of the child's personality, talents and mental and physical abilities to their fullest potential;

(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;

In 2004 the Jamaican Parliament passed the Child Care Protection Act. The Act seeks to protect the nation’s children from abuse and neglect. Articles 28 and 29 address the rights of every child to an education.

Involvement of Stakeholders

In order to address the current wave of indiscipline in our schools we need all hands on deck. Parents and guardians form an integral role in this regard. The National Parenting Support Commission (NPSC) has been rather silent on both issues. Established as one of the principal elements under the Education System Transformation Programme (ESTP), the association’s mandate is to get parents more involved in the lives of their children. Is the NPSC under-funded? We now have data driven evidence which says students whose parents are actively involved in their education perform better. Our parents have not been supportive of their children. Parents need to look into themselves and do more to curb the indiscipline currently impacting our schools. Undoubtedly, parents have an awesome responsibility to their children. This responsibility is to provide a safe environment for their children, as well as to model the behaviour they wish their children to adopt. Students need boundaries and the home is the first line of defense in turning around Jamaica.    

The National Secondary Students’ Council (NSSC) of Jamaica has not been forceful enough in lending their voice to this current wave of indiscipline among our students.  Under the Education Act of 1980, all public secondary institutions must have a student council, which consists of elected representatives from the student body.  The NSSC is the umbrella organization for all student councils in Jamaica. It aims to give students the opportunity to voice their opinions on matters that affect them. The NSSC represents more than 160 secondary schools and over 30,000 students, advocating on their behalf and providing representation in the decision-making process of schools at all levels. The society needs to hear more from the National Secondary Students’ Council of Jamaica regarding the indiscipline among its members. It is obvious that our educators need to employ some amount of discretion and find some ingenious ways of addressing the issues at hand; the late arrival of students to school, as well as addressing those students who insist on wearing the incorrect uniform to schools. What if a student arrives late to school for an entire week or even a month? Are we going to deny that student the right to an education?  It is evident that too many of our school administrators lack vision. Some school administrators are just lazy and it appears that locking students out is the easy route out.  There needs to be a general consensus among all stakeholders in the education system regarding how to treat these and other issues negatively impacting Jamaica’s education system. Leadership at the school level, as well as from a policy and management perspective are required to move beyond this current issue now impacting Jamaica’s education system. It is a backward step to continue to lock out late arriving students and impede their education.  As a result school administrators who continue to perpetuate this practice should be sanctioned.  Students you need to do better!   

In the powerful words of Dietrich Bonhoeffer the ultimate test of a moral society is the kind of world that it leaves to its children.
Wayne Campbell is an educator and social commentator with an interest in development policies as they affect culture and or gender issues.

waykam@yahoo.com

@WayneCamo   

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