Human Rights Commission
Media release
16 March 2009

Human rights approach essential for safer schools

The Human Rights Commission has released today a report on school violence that identifies significant human rights issues.

The analysis was prompted by a request from the parents of students experiencing violence in their school for the Commission to report on the adequacy of the law in protecting the rights of children and young people subject to violence in school.

The report also focuses on how well the principles of human rights and natural justice are reflected in school policies and practices managing peer-to-peer violence in schools.

Chief Commissioner Rosslyn Noonan said, “We found that parents and children can be re-victimised when they are not accorded the right to be heard.”

Schools require clear guidelines stating that parents should be informed if their child is bullied, abused or attacked at school. There was little or no information or guidance from government agencies on how to deal with bullying between peers. These left schools with no clear steer about when or how to involve the Police or Child, Youth and Family.

Ms Noonan said, “There is insufficient focus on the terrible impact violence on children and young people has on the victims’ right to education.”

A human rights approach to bullying highlights the need to protect the rights of the most vulnerable and to treat violence between students at school as seriously as we would violence involving adults or incidents outside school.

Ms Noonan said, “ Recognising and respecting the rights of the victims in no way undermines the rights to education and natural justice of those students accused of violence, abuse or serious bullying.
“It will however produce fairer, more durable outcomes and safer schools.”
The Commission receives a persistent and concerning level of complaints about school bullying, 31 in 2008 and 15 in 2007.

Ms Noonan said that the cases that have come to the Commission have demonstrated the importance of making human rights and responsibilities explicit in education law and the visible foundation for every school.

She said, “It is time every child and young person has the opportunity to learn, practice and experience the human rights that are at the heart of New Zealand society.”

The Commission has worked alongside the Office of the Children’s Commissioner on the issue of violence in schools. The Office of the Children’s Commissioner releases its investigation into school bullying today.

Ms Noonan said, “We have been working closely with the Office of the Children’s Commissioner and government agencies on this issue and we will continue to do so in order that the necessary changes happen to ensure children and young people are safe when they attend school.”

To view School Violence, Bullying and Abuse: A Human Rights Analysis, go to the Education section of the Resources page of the website, or download the PDF (1MB).

ENDS