HUMAN RIGHTS IN EDUCATION: A CASE STUDY IN REIGER PARK
by
WINSTON BURTON MALGAS
Dissertation submitted in fulfillment of the requirements for the degree
MAGISTER EDUCATIONIS in
MULTICULTURALISM AND EDUCATION in the FACULTY OF EDUCATION AND NURSING at the RAND AFRIKAANS UNIVERSITY
SUPERVISOR: PROF M H TRUMPELMANN
FEBRUARY 1997 ACKNOWLEDGEMENTS
I would like to express my sincere thanks to the following people:
Prof M H Triimpelmann, for his constructive advice and deep concern for the project. The students and teachers for their support and interest in the project. My parents and beloved wife and child, as well as the rest of my family to who I attribute much of my success, for having stood by my side through difficult times. OPSOMMING
Die nuwe grondwet, van die RSA het verreikende implikasies vir menseregte vanwee die felt dat die regte van die individu deur die staat beskerm word. Dit verseker dat die skending van menseregte ten alle tye deur die grondwet aangespreek sal. word.
Hierdie studie is gebaseer op menseregte-opvoeding ("Human rights education"). "n Literatuurstudie sowel as fokusgroup onderhoude maak deel uit van die studie. Die fokus van die studie is om te bepaal hoe menseregte-opvoeding histories in die land plaasgevind het.
Die empiriese studie se doel was om die vlak van kennis oor menseregte van die respondente te bepaal, wat hulle standpunte was ten opsigte van dissipline, asook huile persoonlike standpunte, houdings en persepsies ten opsigte van 'n menseregte kurrikulum in die skool. (iv)
Dit het uit die studie geblyk dat die respondente se kennis van menseregte beperk is.
Dit word onder andere aanbeveel dat 'n menseregte kurrikulum ingestel word om 'n menseregte kultuur in die land to vestig.
Verdere navorsing oor die terra is ook gewens. (v) TABLE OF CONTENTS CHAPTER ONE Page GENERAL ORIENTATION :1. 1.1 INTRODUCTION 1 1.2 PROBLEM STATEMENT 6 1.3 AIM OF THE RESEARCH 7 1.4 METHOD OF THE RESEARCH 8 1.4.1 A literature study 8 1.4.2 Empirical study 8
1.5 CLARIFICATION OF CONCEPTS. 9 1.5.1 Human rights 9 1.5.2 Multicultural education 10 1.5.3 Human rights education 10 1.6 PLAN OF STUDY 11 1.7 SUMMARY 11
CHAPTER TWO HUMAN RIGHTS : A HISTORICAL PERSPECTIVE 12 2.1 THE HISTORY OF HUMAN RIGHTS 12 2.2 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND ITS EDUCATIONAL IMPLICATIONS 16 2.3 HUMAN RIGHTS EDUCATION : FROM THEORY TO PRACTICE 20 2.4 HUMAN RIGHTS EDUCATION: GENERAL INTRO- DUCTION 22 2.4.1 Human rights in America 25 2.4.2 Human rights in Canada 27
(vi.)
Page 2.5 HUMAN RIGHTS EDUCATION IN EUROPE 31 2.5.1 Implementation of human rights in France 32 2.5.2 The implementation of human rights in England 33 2.6 THE ISSUES THAT NEED TO BE ADDRESSED IN HUMAN RIGHTS EDUCATION 35 2.7 HUMAN RIGHTS EDUCATION IN SOUTH AFRICA 38 2.8 CONCLUSION 44
CHAPTER THREE 3. HUMAN RIGHTS AND THE SCHOOL 46 3.1 INTRODUCTION 46 3.2 THE SCHOOL AS A HUMAN RIGHTS INSTITUTE 47 3.3 THE ETHOS OF THE SCHOOL 51 3.4 THE HUMAN RIGHTS CURRICULUM 55 3.4.1 What is a curriculum`? 55 3.4.2 The human rights curriculum rationale 56 3.4.3 Guidlines which could be used for the selection of curriculum content for human rights education... 56 3.4.4 How to implement a human rights curriculum 60 3.4.5 Aspects related to teaching and learning of a human rights curriculum 62 3.4.5.1 Human rights implement- ation problems in various countries 67 Page
3.5 HUMAN RIGHTS AND DISCIPLINE '72 3.6 CONCLUSION 79
CHAPTER FOUR 4. EMPIRICAL STUDY 81 4.1 INTRODUCTION 81 4.2 NATURE AND PURPOSE OF THE RESEARCH 81 4.3 RESEARCH DESIGN 82 4.4 THE RESEARCH INSTRUMENT 83 4.5 SAMPLING 83 4.6 THE QUESTIONAIRE 84 4.7 INTERVIEWS 84 4.8 ANALYSIS OF DATA 85 4.8.1 The analysis of the questionaire 85 4.8.1.1 Teachers questionaire 85 4.8.1.2 Pupils questionaire 90 4.8.1.3 Parents questionaire 96 4.8.2 Further analysis of questionaire 100 4.8.3 Some General conclusions and comparisons 101 4.8.4 The interviews 102
4.8.4.1 Time and place 102 4.8.4.2 Arrival 103 4.8.4.3 Introduction 103 4.8.4.4 Anonymity of respondents 104 Page 4.8.4.5 The attitude of the researcher i.04 4.8.4.6 Content 104 4.8.5 The analysis of the interviews 105 4.8.5.1 The overall conclusions of pupils interview 111 4.8.5.2 Overall conclusions of teachers interview 1.12 4.8.6 Conclusion 112
CHAPTER FIVE 5. SUMMARY, CONCLUSIONS AND RECOMMENDATIONS 114 5.1 SUMMARY 114 5.2 CONCLUSIONS 116 5.3 RECOMMENDATIONS 117 5.4 RECOMMENDATIONS FOR FURTHER RESEARCH 138 BIBLIOGRAPHY 119 APPENDIX A, B & C 123 CHAPTER 1
GENERAL ORIENTATION. PROBLEM STATEMENT. AIM OF THE RESEARCH. METHOD OF RESEARCH. CLARIFICATION OF CONCEPTS AND PLAN OF STUDY.
1.GENERAL ORIENTATION
1.1 INTRODUCTION
The South African population consists of a number of cultures and because of its multicultural composition, South Africa has at the present time to implement many changes in order to allow all social groups to reach their full potential.. In order to achieve this, one of the most important institutions which has to go through transformation is education.
According to Connally, (1992:1), education... - can maintain the existing social order as well as promote varying kinds of change. - The need for change in the social order of the South African society is of great importance so that South Africa's multicultural composition may be reflected. This change, inter alia, has to reflect the Universal Declaration of Human
Rights. This declaration notes, according to Osler (1994 : 11) "the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people. - The aims, therefore of the South African society should be to achieve the dignity and worth of the human 2. person and the equal rights of men and women in order to promote social progress and better standards of life in larger freedom (Osier,1994:11).
Lynch (1992:8) argues that there can be no just citizenship of a just national society which ignores equal justice to other societies and communities, through ignorance, exploitation or unequal economic, environmental or political covenants.
South Africa has entered a new era in the political arena where it has moved from a period of oppression by the minority to an open democracy in a government of national unity. With these changes, comes the drafting of a new constitution which marks an important milestone in the country's journey from being one of the worlds most repressive societies to one of the freest (Sowetan, 25 April 1996:16). Including a Bill of Rights, the new constitution will signal a formal and irreversible break with the old, all-powerful apartheid state which under the pretext of fighting communism and defending civilisation, routinely trampled the peoples human rights (Sowetan, 25 April
1996:16).
South Africa has a history of human rights abuses and these injustices have been exposed by the Truth and Reconciliation Commission which was established as "a process of public acknowledgments for the suffering of the living as much as the dead" (Sunday Times, 21 April 1996:17). 3. During the first hearings held in East London. each witness who had appeared spoke of a profound need to know who did the killing (Sunday Times, 21 April 1996:17).
Although "The Truth and Reconciliation Commission is being flooded by new applications from people who want to testify following massive media coverage" (Star. 18 April 1996:1), the question is if the Truth and Reconciliation Commission really will be able to address the past injustices and pave the way for the establishment of a culture of human rights.
The vice chairman of the Truth and Reconciliation Commission. dr Alex Boraine appealed to perpetrators of human rights violations to follow suite and testify. Dr Boraine stated that - It is the very nature of this Commission that healing should take place not only through victims telling their stories but also through the voluntary confessions of perpetrators" (Star, 18 April 1996:26). If the perpetrators do not come forward, the question remains whether the Commission will really address the human rights abuses of South Africa's past and will it lead to the practise of human rights in future?
There are people who are not in agreement with the Truth and
Reconciliation Commission and some regard it as a farce. A reader of The Star (18 April 1996:23), states that if the apartheid-era assassins are indemnified, then judgment should not have been done at Nuremburg. To leave the apartheid-era killers is a traversty of justice. 4_ Another problem which arises from the Truth and Reconciliation Commission is that of obvious untruths and historians have sounded a warning to the Commission to screen its witnesses more carefully on the grounds that certain obvious untruths have already been submitted to it (Star, 24 April 1996:1).
It is not known whether the mechanisms which the country has introduced, such as the new constitution, the Human Rights Commission as well as the Truth and Reconciliation Commission will adequately address human rights issues as well as allow the country to move from a period of human rights abuses, and move towards a practical implementation of human rights. Although there are theoretical guidelines, the question is how will these guidlines be applied to the everyday occurrences within the borders of South Africa.
Education in South Africa has also been exposed to a number of human rights abuses in the past. Education was used for the promotion of an unacceptable racial dispensation and the view that education was a mechanism for the reproduction of the social order was advanced by the earlier theorists of Bantu education. The development of the Bantu education policy in the 1950's and 1960's was done by senior civil servants, intellectuals close to the regime, and the National
Party. Education was seen as an essential mechanism for the production of specific components of white domination in post war South Africa. The Bantu Education Act of 1953 led to policies aimed at the expansion of African education, but only to the levels held to be necessary to meet the labour requirements of the white population. It also aimed at the restructuring of the content of education in order to inculcate the values of Christian National Education. This socialisation led Africans to accept their subordination within the apartheid system (Unterhalter et al. 1991:4).
The political aspects of education and the inequalities have been largely theoretically addressed in the new constitution, however, problems such as the restructuring of the content in education (in order to facilitate human rights in education), the value system of education, and the training of teachers in order to establish a culture of human rights within the education system remain problems of a new educational dispensation.
On 12 October 1993. Judge Pierre Olivier from the South African Law Commission said that human rights has never been brought home to the people of South Africa in the past and he advises a human rights education and the promotion of a culture of human rights that begins at the school. He believes that it will spread to the parents and the parents will begin to realise that their children are learning something new at school and they will develop an interest in human rights (Kriek, 1995:9).
The task of human rights education will be to eradicate all the past inequalities and to inform people of their rights 6. and to build public awareness that oppressive laws and inappropriate traditions may be transformed (Tarrow, 1987:3).
South Africa appears to be experiencing a crime wave and is regarded as one of the highest crime rated countries in the world. Human rights education enables citizens of a country to believe in the rightiousness of the law. Therefore it is important for human rights education to be introduced into the school curriculum so that people gain a greater respect for the law of the country (South African Law Commission's interim report, 1991:22). This could create greater stability in the country.
There is an urgent need in the education system to make pupils, teachers as well as parents aware of what human rights are. There is an urgency of the need to prevent human rights abuses as well as to provide practical methods for the implementation of the theories of human rights, the establishment of a human rights curriculum and the implementation of disciplinary codes along human rights principles.
1.2 PROBLEM STATEMENT
Human rights in education in South Africa in general and in Reiger Park in particular has become an area of contention. This is reflected by the lack of understanding of human rights by teachers, parents and pupils alike. The teachers, parents, as well as pupils have different interpretations of what human rights mean to them and often create feelings of 7. complacency and sometimes indolent behaviour of some teachers, parents as well as pupils. The teachers. parents and pupils need to be made aware of the importance of human rights as a means to achieve a democratic society rather than working against it.(see 4.8.2)
This study wishes to address the above-mentioned issues by seeking answers to the following questions: Do people know about human rights ? What are their attitudes towards human rights? What are their attitudes towards discipline along human rights principles? -Is there a necessity to include human rights education in the school curriculum ? How human rights education ought to be introduced in the school ?
1.3 AIM OF THE RESEARCH
The aim of the research is to look at overseas countries to see if there are patterns or trends in human rights education and whether these global problems are are experienced in a local context. To find out whether people know about human rights, their attitudes towards human rights as well as their attitudes towards discipline along the principles of human rights. The research also aims to find out how human rights would be incorporated in the school curriculum. In order to arrive at the stated aim of the research. it is 8. necessary to indicate the following methods of research which are going to be used.
1.4 METHOD OF RESEARCH 1.4.1 A Literature Study
A literature study will form the basis of this research. Human rights education will carefully be scrutinised and strategies to facilitate the understanding of human rights education and its implementation will be looked at.
1.4.2 Empirical study A guestionaire will be given to Reiger Park Secondary School teachers to find out if they have any knowledge of human rights in education and whether they have any ideas on the implementation of human rights and adhere to a discipline policy based on human rights. A sample of parents of standard nine pupils will be- questioned to ascertain whether they understand the concept of human rights and whether they have any ideas on the implementation of these rights. A sample of standard nine pupils will be questioned to find out whether they have any knowledge of human rights and whether their rights have been violated in any way. They will also be questioned on how discipline has been administered to them and on whether they have been discriminated against in any way. These responses will be analysed and conclusions will drawn. 9. 1.5 CLARIFICATION OF CONCEPTS
1.5.1 Human rights
According to the Chambers Handy dictionary(1993:278). human rights is described as "each person - s right to freedom, justice etc - . Milne, (1986:1) describes the idea of human rights as the idea that there are certain rights which, whether or not they are recognised, belong to all human beings at ali times and in all places. He believes that there are rights which are solely in virtue of being human, irrespective of nationality, religion, sex, social status, occupation, wealth, property, or any other differentiating ethnic, cultural or social characteristics. Article 2 of the United Nations, according to Milne (1986:1), supports this suggestion:
"Everyone is entitled to all the rights and freedoms set forth in this declaration without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status"
Fowler ([In Flattery 1994:3j) sees human rights by definition as a universal moral right, something which all men everywhere, at all times ought to have, something of which no one may be deprived without a grave affront to justice, something which is owing to every human being simply because he is human." 1.5.2 Multicultural education Bennet, (1995:13) states that multicultural education is an approach to teaching and learning that is based upon democratic values and beliefs, and seeks to foster cultural pluralism within culturally diverse societies and an interdependent world. However, Banks and Lynch [In Dekker and Lemmer 1993:34] describe multicultural education as a reform movement that attempts to change schools so that all students from all groups will have an equal opportunity.
According to Suzuki (1984:305), multicultural education is a multidisciplinary education programme that provides multiple learning environments matching the academic, social and linguistic needs of students.
1.5.3 Human Rights education
Starkey [In Osler 1994:23] states that human rights education is part of the curriculum which helps young people to live in a democratic and multicultural society which includes international and intercultural understanding, world development and preparing for the future.
Lynch (1992:53) describes human rights education as the basic moral education for all students. It provides the values for the content, structure and the process of all education at all levels and in all modes. He also points out that it is part of the content of education and the provider of criteria by which decisions about education are valid and legitimate. 1.6 PLAN OF STUDY
In the first chapter, the orientation, problem statement. aim of the research. method of research and clarification of concepts were discussed.
The second chapter will examine the history of human rights, the implementation of human rights, general human rights education practices in different countries and the problems of human rights education in general.
The third chapter will focus on human rights education and the school.
The fourth chapter will deal with the empirical study and the analyses and interpretation of data.
The fifth chapter will draw conclusions and make recommendations according to the findings.
1 . 7 SUMMARY
In this chapter the problem was stated and the actuality of the study was discussed. The aim and the method of the study came under discussion.
Bearing in mind the birth of a democratic South Africa and all the birth pains, there is a need to research human rights in education to give a foundation on which democracy can be built and find effective methods for the implementation of human rights in education. 12. CHAPTER 2 2.HUMAN RIGHTS: A HISTORICAL PERSPECTIVE
In the previous chapter the general orientation of the study was discussed. In this chapter the focus will be on a broader perspective on human rights. The first focal point will be based on the historical aspects of human rights because without knowing about the history of human rights, one may draw wrong conclusions.
2.1 THE HISTORY OF HUMAN RIGHTS
The Western heritage of human rights as a normative ethical concept can be traced back to the classical Greek philosophy and is likely grounded in the ancient religious teachings and myths (Rosenbaum, 1981:9). Philosophers trace the human rights concept back to its philosophical inception in classical Athenian democracy and in the stoical influence on Roman jurisprudence.
Rosenbaum, (1981:9) states that the classical Greeks viewed nature as the objective standard for the instruction of human social conduct and this view was the first major formation in the history of human rights.
Partridge (1978:4) states that in an earlier work. The Origin of Inequality (1754), Rousseau argued that successive generations produce physical and moral changes that cause 13. differences in individuals and that natural laws spring from two principles which are the instinct for self-preservation and moral repugnance to unwarranted infliction of pain or death. Humans have feelings and acquiesce in natural rights by rational impulse and born of compassion. According to Partridge (1978:4) Rousseau states that "Moral inequality, authorised by positive right alone, clashes with natural right, whenever it is not proportionate to physical inequality; a distinction which prevails in all civilised countries, since it is plainly contrary to the law of nature. -
It was however, Thomas Paine in the - Rights of Man" (1791) or William Goodwin in "Political - (1973) who championed individualism with great vigour. Thomas Paine spent 10 years in America as a friend to Benjamin Franklin where he took up the cause of the negro slaves and joined the revolutionary army which was at war with Britain (1776-83). Paine, in a pamphlet "Common Sense" advocated immediate self determination and on 4th of July 1776, the mixed population of colonists declared their independence. It was slave owners who framed the declaration and Partridge (1978:5) states that they apparently saw no inconsistency in claiming as self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness". 14.
In the twentieth century, human rights had gone through a revival, and the natural human rights doctrine has been revived and popularised in the present century and it remains one of the most powerful concepts to motivate juristic, social, political and philosophical thought (Rosenbaum 1981:22). Its prominence is apparent in national and international law and politics. In most modern states some concepts of human rights are incorporated in their constitutions. Human rights declarations have also become important features of international relations. Rosenbaum (1981:22) states that other vehicles for expressing human rights have included favourable statements made by world leaders, treaties, conventions and numerous non-government
- watchdog" groups.
Rosenbaum (1981:22) explains that the chief technological and ideological influences contributing to the revival of the natural rights doctrine as human rights occurred largely in the context of an evolving international peace movement. It is apparent that the twentieth century has brought about a highly sophisticated military technology and has caused international concern. Organisations and alliances were then formed such as the Hague tribunal in 1899 to arbitrate international conflicts, and in 1907 the fourth Hague Convention limited armaments and regulated the conduct of war. The League of Nations (1920) strengthened these efforts which were constrained by factors such as limited international membership. The 1929 Geneva convention continued in the tradition of safeguarding the rights of civilian populations especially in wartime, but it was the ominous dawn of the nuclear age that gave the world peace movement greater urgency (Rosenbaum 1981:22).
According to Rosenbaum (1981:22), the political forces that helped to develop the human rights doctrine at an accelerated speed were the Nazi holocaust and the allied defeat of the Axis powers in World War II and he stated that these events were commonly construed as showing the supremacy of individualism (democratic liberalism) over fascist collectivism (totalitarianism)."There was a moral outrage at
Nazi militarism, racism, technologism, and at the image of a society bereft of the ideals of moral universalism and with an astonishing capacity for self-deception and nationalisation" (Rosenbaum 1981:22). After the war the peace movement extended in scope and no longer only focused on the wartime technology "rights - and concerns became redirected to the international (domestic) level as well where they were often associated with certain tenets of individualism
(Rosenbaum 1981:23).
The United Nations, on its formation, in 1945 became the prime form of pursuing international peace and cooperation in arbitrary issues involving armaments. technology as well as expressing serious ideological disagreements about human rights concerns on a broad scale.
Since the debut of human rights many other catalysts have shaped its evolving tradition since the 1940's and the idea of human rights has become one of the most prominent in western rhetoric today. Human rights talk can be supported by such documents as the United Nations Universal Declaration of Human Rights of 1948 and the later conventions which supplemented it and by the European Convention on human rights of 1953 (Milne 1986:1).
I will now focus on the development of the Universal Declaration of Human Rights because the Universal Declaration of Human Rights is a court document which protects the human rights of all individuals.
2.2 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND ITS EDUCATIONAL IMPLICATIONS
The Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations in Paris on 10 December 1948 outlines features of a world society that are indispensable for progress towards 'justice and peace in the world.' The Declaration notes that:
the advent of a world in which human beings shall enioy 17. freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people .. the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and the worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom. - (Starkey, H. [In Osier, 1994:11]).
The United Nations officials considered that civil and political rights would in themselves lead to economic development. It was Secretary General U Thant who stated in 1965 that:
" The establishment of human rights provides the foundation upon which rests the political structure of human freedom; the achievement of human freedom generates the will as well as the capacity for economic and social progress; the attainment of economic and social progress; the attainment of economic and social progress provides the basis of true peace. - (Starkey, H. [In Osier, 1994:12]).
The Universal Declaration of Human Rights sets out aims for education as follows:
"Education shall be directed to the full development of the human personality and to the strength of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups and shall further the activities of the United Nations for the maintenance of peace" (Starkey H. [In Osier, 1994:12]).
At the General Conference of UNESCO, at its eighteenth session in Paris from 17 October to 23 November 1994, recommendations concerning education for international understanding, co-operation and peace, and education relating to human rights and fundamental freedoms were adopted. The recommendations spell out objectives which are to be mevio• guiding principles of education policy, (Starkey, H. [In Osler (1994:17]):
an international dimension and a global perspective in education at all levels and in all its forms; understanding and respect for all peoples, their cultures, civilisations, values and ways of life, including domestic ethnic cultures and cultures of other nations; awareness of the increasing global interdependence between peoples and nations; abilities to communicate with others; awareness not only of the rights but also of the duties incumbent upon individuals, social groups and nations towards each other; 19.
understanding of the necessity for international solidarity and co-operation; readiness on the part of the individual to participate in solving the problems of his [sic] community, his country, and the world at large.
The Universal declaration of human rights include peace, justice, freedoms, dignity, equality of rights and these are universal values, to be applied equally everywhere.
Nyerere, (1973:19) sets out the human rights concept as: the building of a society in which all members have equal rights and equal opportunities; in which all can live at peace with his neighbours without suffering or imposing injustice..."
An important international resolution as regards the teaching of human rights was that of the World Conference of Teaching Professionals (WCOTP) at its 1976 conference on - Education for a Global Community", which called teachers to - encourage open discussion which allows students to develop a respect for all human beings; champion the cause of social justice for all students in their classes, school and communities; promote the concept of a global community - (Starkey H. Fin Osler, 1994:20]).
In order to assist teachers in human rights teaching, UNESCO 20. launched a journal called Human Rights Teaching whose aim was:
to serve as a means of liaison and co-ordination between teachers and institutions specialising in human rights and to contribute to all forms of research and reflection, essential to the teaching of human rights',(Starkey H. [In Osier, 1994:201).
Human rights are essential in a democracy. It is important that these human rights should be put into practice. The following focal point will be how human rights education proceeded from theory to practice.
2.3 HUMAN RIGHTS EDUCATION: FROM THEORY TO PRACTICE
It was Unesco's important work in the 1970's that secured to prepare the ground for a curriculum development process that had some real impact in schools (Starkey H.[In Osier, 1994:211).
The advocates of the human rights education, however, were not teachers but lawyers and in order to have an effective human rights education, it had to take place in the schools curriculum and interested teachers had to be found who would take up the challenge.
The main vehicle for defining and the dissemination of the Council of Europe's approach to human rights education is the 21. recommendation of the Committee of Ministers on teaching and learning about human rights in schools, "Recommendations R(85)7 ", adopted on 14 May 1985 (Starkey H. (In Osier, 1994:23]).
The recommendations set the context, particularly the need to reaffirm democratic values in the face of intolerance, acts of violence and terrorism; the re-emergence of the public expression of racist and xenophobic attitudes. it also points out that all young people should learn about human rights as part of their preparation for life in a pluralistic democracy throughout their school career and that schools are communities which can and should be an example of respect for the dignity of the individual, and for difference, for tolerance and for equality of opportunity.
Recommendations also state that the governments of member states, having regard to their national education systems and to the legislative basis for them, should encourage teaching and learning about human rights in schools in line with the suggestions contained in the appendix and draw the attention of persons and bodies concerned with school education to the text of this recommendation (Osier, 1994:24).
It is apparent that human rights education had to be put into practice in order for the world at large to become more conscious of the need for the practice of human rights principles. This was done by the preparation of a curriculum development process in human rights education to have an impact in schools. In this way, real democratic values could be instilled in pupils in their preparation for life in a pluralistic democracy.
The next section in this chapter will discuss human rights education in general and how it is practised in different countries because we can adapt this to our own context.
2.4 HUMAN RIGHTS EDUCATION : GENERAL INTRODUCTION
Human rights education has been defined as the conscious effort, both through specific content as well as process, to develop in students an awareness of their rights (and responsibilities), to encourage responsible action to secure the rights of all - (Lynch, Modgil & Modgil, 1992:21).
According to the Deputy Director of Education, Culture and Sport of the Council of Europe, the common content of knowledge of human rights education should include (Lynch, et al., 1992:23):
* The main categories of human rights, duties, obligations and responsibilities and the idea of rights should be matched with that of responsibilities to others, to the community and to humanity as a whole,
* The main international declarations and conventions on 23. human rights, such as; the Universal Declaration of Human Rights and Fundamental freedoms, the American Declaration of the Rights and Duties of Man, The Universal Islamic Declaration of Human Rights and the Bengul (African) Charter of Human and Peoples Rights;
* People, movement and key events in the historical and continuing struggle for human rights (Eg. Nandi, King, Mandela; civil rights movements, Womens movements);
The various forms of injustice, inequality and discrimination (eg. racism, sexism, terrorism and genocide).
Lynch (1992:5) refers to human rights education as citizenship education and states that according to the International Convention on the Rights of the Child adopted by the United Nations General Assembly in November 1989 which became effective after its ratification by the requisite number of countries in September 1990, the education of the child is to be directed towards goals which include (Lynch 1992:5):
the development of respect for human rights and fundamental freedoms, and the principle enshrined in the charter of the united nations. the development of respect for the child's own parents, his or her own cultural identity, language and values, for the national values of the country in which the child is 24. living... and for civilization different from his or her own; the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of the sexes, and friendship among peoples...; the development of respect for the natural environment.
Lynch (1992:6), seeks further to reconceptualise and broaden what has been called the 'concept of citizenship in a global age' to include both community and global dimensions across all domains of human knowledge: cultural, social, economic, political and environmental and built on that reconceptualisation. Lynch proposes a concept of education for democratic citizenship for local, national and global responsibility which is embedded in human rights and a commitment to social responsibility.
Lynch, (1992:6) advocates the need to challenge not only interethnic and other forms of group prejudice, but also
- international' prejudice and even 'hate-education which threaten common goals, such as peace, human survival and the preservation for a common heritage, whether that heritage is environmental, political or cultural. Lynch, (1992:6) states that it is a matter of urgency for education to develop creative and peaceful means of conflict resolution and to teach the next generation to perceive and accept an interest greater than economic or political self- interest. 25.
Human rights education ought to play a vital role in education in order to promote democratic citizenship. Issues such as prejudices, conflict resolution and a common heritage ought to be addressed.
I will now focus on human rights education practices in various countries to see how it has developed internationally.
2.4.1 Human Rights in America
Human Rights in America is shaped by its past as well as by certain educational practices. Discrimination based on race, religion, sex, ethnicity, or country of origin is wrong and has gained broad cultural acceptance. The struggles which brought about the change in attitudes and the remaining economic and political issues are included in the Social Studies curriculum. Human rights education mainly features in
Social Studies. Although elementary classrooms and classes in secondary schools lend themselves to human rights education, Social Studies deals directly or tangentially with human rights. Teachers of American History classes are expected to introduce students to principles and institutions which support human rights. The World History teachers cover the French Revolution and the subsequent Declaration of the Rights of Man, dictatorships and wars which make a mockery of basic human rights and with people of different cultures. 26_
Global Education also includes references to human rights. The international perspective of human rights occupies a minor role in the Social Studies curriculum and international agreements on human rights occupy only a short passage in the textbooks. However, drama of contemporary world events may catapult the Social Science teacher into human rights education. To, encourage Social Studies teachers to accept responsibility for human rights education, a publication of the International Human Rights Society, was introduced by the National Council for the Social Studies to assist teachers in introducing their students to many of the human rights issues facing the world today (Shafer, 1987:197).
In America the courts and the supreme court justices have made it a point to serve a pedagogical role as well as a juridical role and the justices have proved to be 'schoolmasters of the nation'. Their opinions have served to remind Americans of the great tradition of rights on which their government is premised (Branson, 1991:47).
The Supreme courts of America have more than once instructed that the vigilant protection of the constitutional freedom is nowhere more vital than in the community of American schools. 27.
The schools have been called "cradles of democracy' and bear the awesome responsibility of instilling and fostering early in their nations youth, the basic values which will guide them throughout their lives (Branson, 1991:49).
There is a great tradition of support for rights of students and teachers which the United States courts have provided. America has a long history of fighting for democracy and human rights both at home and internationally. This commitment to human rights can be seen in the social studies curriculum in which human rights are studied and where human rights abuses are addressed.
2.4.2 Human Rights Education in Canada
The policy of multiculturism was announced in the Canadian House of Commons on 7 October 1971 and this brought about considerable debate regarding the policy and in the same period multiculturism has been increasingly implemented, broadened and defined (Mcleod, 1991:164). Multiculturism in Canada is an aspect of human rights and multicultural education can be seen as an aspect of human rights education.
According to Mcleod (1991:164), the political, social, cultural, and economic issues which multiculturism 28. addresses within the context of politics, schooling, health, or welfare have to do with many of the same aspects of human dignity, fairness, and responsibility that is traditionally associated with human rights.
Multicultural education has, in the analysis of human rights and human rights education , been instrumental in the developing of awareness, sensitivity, and the implementation of human rights and human rights education regarding ethnicity, race, religion, national origin, citizenship and such associated rights as equality before the law. The multicultural policy in Canada, or awareness and acceptance of pluralism, has grown in Canada hand in hand with the concern for human rights, and human rights legislation
(Mcleod, 1991:164).
Mcleod (1991:164) sees multiculturism within the context of human rights and that it is part of human rights in a pluralistic society.
There is a general support for the policy and implementation of multiculturism which forms part of human rights and the principle is incorporated into a written portion of the Canadian Constitution (1981) and the policy has been made statutory (1988). The 1987 additions to the Canadian constitution also featured a Canadian Charter of Rights and 29_ freedoms and this gives support to the concept of social, economic and cultural equity.
The Canadian Multicultural Act of which human rights plays a a vital role, of July 1988 includes an updated outline of the policy (Mcleod, 1991:167):
It is policy of the Government of Canada to recognise and promote the understanding that multiculturism reflects the cultural and racial diversity of Canadian society and acknowledges the freedom of all members of Canadian society to preserve, enhance and share their cultural heritage; to recognise and promote the understanding that multiculturism in a fundamental characteristic of the Canadian heritage and identity and that it provides an invaluable resource in the shaping of Canada - s future; to promote the full and equitable participation of individuals and committees of all origins in the continuing evolution and shaping of all aspects of Canadian society and assist them in the elimination of any barrier to such participation; to recognise the existence of communities whose members share society, and enhance their development; to ensure that all individuals receive equal treatment and equal protection under law, while respecting and valuing their diversity; to encourage and assist the social, cultural, economic and political institutions of Canada to be both respectful and inclusive of Canada - s multicultural character; to promote the understanding and creativity that arise from the interaction.
The elementary schools have a progressive, child-centred philosophy of education. Teachers organise units and learning experiences where culture, ethnic , racial and religious diversity are a fundamental underpinning assumption. Teachers also increasingly consult with community representatives and invite people of diverse origins into their classrooms. There is a Heritage Language Programme which is a programme where communities can request mother tongue or heritage languages. This programme has assisted students by making schools more culturally appropriate for children (Mcleod,
1991:171).
At secondary school level in all provinces not much has been done in adjusting the curricula. History and Social Science has received attention and courses in Canadian Society and History now have become more sensitive to human rights.
Courses in Literature now sometimes include books on a broader range of cultural topics and resources and materials are chosen with great care so that racial diversity and many cultures are portrayed (Mcleod, 1991:175). 31.
In Canadian multicultural education, human rights issues play an important role. The government of Canada supports a policy enshrined in human rights whereby individuals receive equal treatment and equal protection under the law and also places emphasis on respecting and valuing diversity. Education in Canada has responded to a human rights education embedded in multicultural education and has created a more humane and human-rights conscious society where there is a desire for equity and fairness for all.
2.5 HUMAN RIGHTS EDUCATION IN EUROPE
Europe, being part of a world community have fundamental principles which are not just European, but universal and are in line with the main institution of the world community being the United Nations. Human rights are internationally validated moral standards which are universally accepted in principle in international discourse and in international law even thought they are not always enacted or observed by governments and their agents (Bell, 1995:24).
The governments of states in Europe and others have committed themselves formally to education for human rights. In December 1989 the United Nations adopted the Convention of the Rights of the Child now signed by 161 member states in 32. which Article 29 of the convention deals specifically with education. It enables children to have an entitlement of personal development, but governments also have to help them to learn about the values upon which free societies are based. Education is to be directed to : the development of respect for human rights and fundamental freedoms and for the principles enshrined in the charter of the United Nations (Bell, 1995:25).
It is teachers and schools who have to implement these undertakings in practice and it is the educational community which will have to understand clearly what has been promised and teachers need to understand the meaning of the phrase respect for human rights' (Bell, 1995:25).
2.5.1 Implementation of Human Rights in France
The French government has included European principles with regard to human rights and equality; human rights and dignity; and human rights and freedoms in their curriculum and the French government takes their committment seriously (Bell, 1995:28).
The following can be noted regarding the implementation of human rights in the primary and secondary schools in the curriculum in France (Bell, 1995:28). 33.
One hour per week is allocated to civic education; the syllabus is both detailed and supported both by official non- statutory guidance and by a variety of textbooks and teachers manuals from which teachers are free to make their choices; the syllabus is direct and quite explicit in expecting students to come to a love of human rights and the Republic, whilst rejecting any notion of indoctrination or preaching; the help of non-governmental organisations and campaigning groups is recognised and joint projects are encouraged; syllabi are published in paperback for parents and other interested persons.
The French demonstrate a formal committment to education for human rights which is not surprising since there is a strong tradition of human rights which is even claimed as a particular national contribution to world civilization (Bell, 1995:29).
2.5.2 The implementation of human rights in England
The English National Curriculum espousal of human rights is minimal. Bell (1995:29) states that the Universal Declaration of Human Rights had been removed from the statutory curriculum at the time of writing despite all the international commitments to it.
The English syllabus is advisory and not statutory and is organised around eight themes. There are areas such as a 34. pluralistic society or public service which overlap the
French syllabus.
Bell (1995:30) points out the differences between the French and English syllabus:
the French syllabus stresses all that unites the nation, from symbols and mottos to President and parliament, democracy and human rights, whereas the English syllabus chooses the local, English children study the neighbourhood and their own families. they look at local links with Europe and languages spoken in the local community. they are not expected to learn about the queen nor about
Her Majesty's government. there is no mention of the flag, nor the national anthem. There is no formal attempt made to give space to explain and perhaps justify the monarchy and present international institutions. the guidlines imply that English children are to be shielded from politics and the institutions of the state of the international community. - the British have a tradition which has been reinforced lately of cultivating a sense of community based on human rights principles, even if the principles go by other names such as, for example, religious studies. 35.
Although it appears from the outset that French children emerge less racist and more imbued with the spirit of human rights and European principles than the English, a well constructed curriculum is helpful to an education for human. rights on universal principles, it is not in itself sufficient (Bell, 1995:30).
There are many problems experienced in the introduction of a human rights education. The next section of this chapter addresses problems which relate to problems of human rights education.
2.6 THE ISSUES THAT NEED TO BE ADDRESSED IN HUMAN RIGHTS EDUCATION
The Council of Europe Recommendation on Teaching and learning about human rights (Council for Cultural Cooperation 1984(b):1), states that Social Studies (in which human rights was used) in the school curriculum have been characterised by a sense of crisis -and sometimes impending doom -and by a number of new developments. In the USA and most Western European countries, declining school populations and increasing youth unemployment have left schools managing problems of contraction, as well as preparing youth for uncertain futures. Therefore human rights could also possibly be in a state of doom. 36.
From the 1960's there has been major development projects in Social Studies, Social Education, Social Learning and the Humanities. In the 1970's major projects in Civic Education and Political Education were initiated.
The 1980's saw the introduction of Development Education, Multi-cultural Education, Peace Education and Human Rights Education. The problem, however, is that human rights is the newest of the new arrivals and does not enjoy the strengths of others (Council for Cultural Cooperation, 1984(b):1).
Human rights education which has been recently introduced, has been plagued with problems. The Council for Cultural cooperation (84)27 (1984(b):1) states the following problems regarding human rights education:
Human rights education has little or no research base; examples of practice are hard to find; outstanding pioneers are lacking; in as much as it proposes on authority and a justice over and above those of state, it is uncongenial to governments; Human rights education has seen meetings of experts. benevolent resolutions followed by benevolent resolutions; and writings extremely theoretical and speculative which has been caused by the sparse examples of practice; in the classroom, the issues of human rights may seen distant, abstract and complex and difficult for the
teacher to relate to the life situations of the pupils. 37.
Other problems include the following (The Council For Cultural Cooperation (84)26 1984(b):L):
Few countries can boast of a systematic study of human rights in their schools. There is a paucity of writing on the subject and much of the material on human rights produced thus far has been on the level of merely providing information. There is an understandable hesitation of teachers to embark on human rights education. The scholarly tradition of the study of natural and human rights has been highly abstract. The emphasis on the study of human rights has been placed on the disciplines of law and political philosophy. These are subjects which are hardly in the mainstream of secondary school curricular. The process of introducing systematic human rights education into the curriculum is still difficult if it remains compartimentalised into the traditional subjects. A partial treatment of the topic may be more dangerous than total neglect. If a student emerges from a course of study with a. blinkered view of rights as an individual or group rights the crucial appreciation of the reciprocity and universality of rights may be totally lost. If the teacher makes no conscious effort to combat these tendencies, children will tend to think about other peoples and countries stereotypically, assuming the excellence of their own country and kind and the inferiority of others. 38.
Problems need to be overcome so that human rights can be properly implemented within education. Aspects such as the lack of systematic study of human rights in schools, and the process of introducing systematic human rights education in the curriculum need to be addressed.
After focusing on the human rights developments in other countries as well as problems experienced in human rights, the next section of this chapter will focus on human rights in South Africa.
2.7 HUMAN RIGHTS EDUCATION IN SOUTH AFRICA
In the Universal Declaration of Human Rights adopted in 1948, Article 55 of the Charter binds all members to " the principle of equal rights and self-determination of peoples", and to respect, - human rights and fundamental freedoms for all, without distinction as to race, sex, language, or religion". Article 56 pledges members to co-operate with the Organisation to achieve this purpose. It is these articles on which South Africa, as a signatory of the Charter, has clearly reneged. It is clear that the constitution and laws of South Africa were not in harmony with the U.N. ideals (Partridge, 1978:10). According to Partridge (1978:10), the Preamble to the Declaration on Racial Discrimination contain one clause that 39. was pointedly directed to South Africa: The General Assembly is-
"Alarmed by the manifestations of racial discrimination still in evidence in some areas of the world, some of which are imposed by certain governments by means of legislative, administrative or other measures, in the form, inter alia, of apartheid, segregation and separation, as well as the promotion and dissemination of doctrines of racial superiority and expansionism in certain areas " (Partridge, 1978:11).
South Africa had without a doubt disgruntled the General Assembly by failing to expand the electorate and was then unprepared to amend the constitution.
South Africa, since then has been involved in the dismantling of apartheid and the restructuring of the South African society into a democratic and non-racist society and this has far reaching implications for educational theory and practice in South Africa.
According to the South African Law Commission's interim report (1991:17), there were many commentators, contributors and witnesses who felt that a human rights act will be doomed to failure if it is not approached by means of an active process of education by which the population is educated with regards to a human rights act. 40.
The South African Law Commission"s interim report (1991:17) made a point that there has never been statutory protection given to human rights in South Africa by means of an act and that the institutionalising of a human rights act would demand a whole new orientation of the population,parliament as well as the courts.
The South African Law Commission (1991:17) suggested that the citizens of South Africa must be educated as to the role, function as well as content of such an act and the changes which it brings. It states that the results of such an exercise would be the respect of the constitution as well as the human rights act. if this did not take place then the nation would not have a belief in the rightioUsness of the law, especially the ultimate entrenchment thereof. The Law Commissions interim report (1991:22) states that it is therefore necessary that a thorough educational process be launched to inform the public about the role and value of a constitution which incorporates a human rights act.
Judging from the interim report of the South African Law Commission (1991:22), there is an urgent need for the implementation of human rights within the education system of South Africa. The question remains, how will the education of human rights be addressed in the education system, and the school in particular. 41.
The new constitution of South Africa makes provision for the protection of human rights by means of the inclusion of a Bill Of Rights as part of the constitution. Human rights have become an important issue in a world of violence and terrorism, extremities of poverty and wealth because it gives man some dignity.
In order to do justice to authentic democratic principles, there has to be a milieu where human rights are protected effectively (Venter, 1994:331).
The new South African society has far reaching implications for educational theory and practice in South Africa. Fundamental shifts in emphasis will need to be considered in South Africa's new found democracy in order to bring about the required and anticipated changes which will mark a new dispensation of human rights educational theory and practice.
According to Venter (1994:33), the new education system will not be structured along the lines of race, ethnicity or colour.
Higgs (1993:19) suggests that because the nature of education is a distinctively human activity and transcends the bounds of particular social and cultural definitions, the nature of education should be primarily concerned with fundamental values which are descriptive of the human condition. 42.
Higgs (1993:20) also states that the determination of education policy and practice in South Africa has been characterised by a philosophy of education whose sui generis can be traced to social scientific determinants which have been directed at consequences which reveal concern primarily with social and cultural values rather than with fundamental human values. The dangers of this view of education has been and is vulnerable to political and social engineering as evidenced in the politicisation of education.
Higgs (1993:20) says that because the philosophy of education in South Africa has been subjected to the politicisation of education in that education has been perceived to be part of the social sciences tradition rather than one of the humanities. The tradition of the human sciences resulted in the philosophy of education being subjected to the idiosyncratic stranglehold and abuse of various social ideological considerations which have characterised both the apartheid and post-apartheid eras in South Africa.
If South Africa is to accomplish and maintain its democracy, it will have to implement an educational policy which enables its citizens to understand the constitution as prescribed by the South African Law Commission's interim report (1991:22). 43_
Due to the fact that South Africa does not have a human rights curriculum, it aught to have a combination of the
American as well as the European models. There should be a process whereby human rights education is introduced systematically within the curriculum, There should be an intimate relationship between education and constitutional government, Public schools should be the most vital civic institution for the preservation of the South African democratic system of government, Citizens should be prepared to participate effectively and intelligently in our open political system so that our freedom and independence can be reserved, The courts, in deciding educational cases in South Africa, should serve a pedagogical role as well as a juridical role and the justices should be the 'schoolmasters of the nation - , The schools should be the 'cradles of democracy - and bear the awesome responsibility of instilling and fostering early in our nations youth,the basic values which will guide them throughout their lives, There needs to be a multicultural approach to education in order to develop an awareness, sensitivity and the implementation of human rights and human rights education regarding ethnicity, race, religion, national origin, 44. citizenship and such associated rights as equality before the law, - Time should be allocated to civic education, The syllabus should be direct and explicit in expecting students to came to a love of human rights and the South African Republic and reject notions of indoctrination or preaching, Syllabi should be published in paperback for parents and other interested parties, There should be a tradition which should be reinforced in cultivating a sense of community based on human rights principles.
The implementation of a human rights culture in South Africa should not merely be one of - lip service - as pointed out by Bell (1995:7), who states that the widespread use of texts expressing various commitments to human rights typically met formal requirements but the appearance of a connection between legislation and reality may be deceptive. He feels that what was needed in order to close the gaps between theory and practise was not - bolt on content approach, but an active permeation of relevant processes through the curriculum.
2.8 CONCLUSION
Human rights has become an extremely important topic in the world today and human rights developments and abuses are highlighted by the media throughout the world on almost a daily base. Important documents such as the Universal Declaration of Human Rights have been adopted by most countries throughout the world and has become indispensable in a strive towards justice and peace. It is important for human rights to move from theory to practice because human rights practices are essential in a democracy. This could he achieved by the adoption of human rights education which enables the world and its people to speak out against human rights abuses in their communities, their countries, and the world at large.
Although there are countries which practice human rights education, they are very few. All countries ought to introduce human rights education into their curriculum to enhance the goal of true democracy within the world. Although South Africa has an infantile democracy it is imperative to introduce human rights education in the curriculum of the school to enhance the principles of this democracy. Without the introduction of human rights education, South Atrica - s democracy will prove to be fragile and without substance.
The next chapter will investigate how human right culture aught to be implemented within the school. 46. CHAPTER 3 3. HUMAN RIGHTS AND THE SCHOOL
3.1 INTRODUCTION
In the previous chapter, the history of human rights, the implementation of human rights, human rights education practices in different countries, the problems of human rights education as well as human rights in South Africa harp been discussed. In this chapter the focus is on human rights in the school. In order to introduce a human rights culture within the South African society in general and the education system in particular, the reshaping of the education system within the schools are needed as well as the introduction of a human rights curriculum and the restructuring of the ethos of the school towards a human rights ethos.
In order for these aspects to be realised, the following questions need to be addressed:
How could human rights education take place in the school? How is a school to implement a human rights ethos? What does a human rights curriculum comprise of? How could discipline be practised in a school which adheres to human rights principles?
The Government Gazette(23 September 1994:13) states that the realisation of democracy, liberty, equality and justice are 47. necessary for full pursuit and enjoyment of lifelong learning and the goal of the education policy is to enable a democratic, free, equal and just society. The curriculum therefore should promote the values underlying the democratic process and the declaration of fundamental rights in the constitution, the unity of the nation, the common citizenship and common destiny of all South Africans, irrespective of race, ethnicity, culture, class or gender.
The Government Gazette (23 September 1994:25) states a need for a plan of action for human rights in education. The Minister of Education intends, according to the gazette, "To ensure that the full resources of the nations' education system are mobilized in support of the practice of human rights, freedoms and responsibilities which the constitution promotes and protects" (Government Gazette 1994:25).
In order to achieve these goals, there is a need to develop a human rights culture within the South African education system. I will now focus on the school as a human rights institute.
3.2 THE SCHOOL AS A HUMAN RIGHTS INSTITUTE
The Universal Declaration of Human Rights states (Article 26, 1948) that schooling is a human right and that assurance must be accompanied by education about human rights if individuals are to comprehend what rights accrue to them, their 48. responsibility towards others as well as the boundaries of state power set in the various human rights agreements. It is important that teachers in particular should be familiar with human rights if they care to effectively help their students to respect these rights and to recognise any flagrant violations (Shafer (In Tarrow, 1987:1911).
The Council of Europe (1984(a):6) is of the opinion that a list of aims and objectives should be constructed by the teacher and two basic considerations should be kept in mind.
The first involves the extent to which the hidden curriculum - is influential and that attitudes are shaped by the 'atmosphere' of the school rather than by the subject- content of any classroom syllabus. The second involves whether a teaching programme is aimed at providing an understanding of the world as it is or as it should be. in the first consideration, qualities such as tolerance and regard for others are more important for a proper appreciation of human rights and enlightened personal relationships. School organisation can be enhanced by this as opposed to only textual analysis of human rights declarations. If the second consideration is important then the teacher should focus attention on the current 49_ infringement of rights (Council of Europe, 1984(a):6).
Shafer, (In Tarrow, 1987:192) believes that dealing with human rights in school requires clarification of the concept, the outcomes sought in teaching about human rights, the means to be used and how it relates to other educational goals.
Shafer, (In Tarrow, 1987:192) goes on by giving examples of how students in their history class may learn how the concept gained its legal definition over time and how elementary pupils could reason together as to what rights and responsibilities they have towards one another.
The schools have to advocate a set of criteria in order to move towards a human rights school. The schools have to take note of the following points advocated by the Council of Europe (1984(a):6) which include:
Just as justice and equality are virtually synonymous terms, so the study of human rights seems impossible without consequent action. Teaching about human rights must lead inevitably to the denunciation of regimes where human rights are denied and to the mobilisation of the pupils for the protection and extension of their own and others rights. No teacher should embark upon a programme of teaching based upon a radical set of objectives without fully appreciating the far-reaching implications of such a course 50. of action.
It is of great importance that the school approaches human rights education holistically. Lynch (1992:69) advocates a whole school approach with regards to human rights education. He feels that no learning should take place in isolation and that the structure and ambience of schools are crucial determinants of cognative and social learning. Lynch (1992:69) distinguishes five major factors which recur time and again as being correlated with school effectiveness and instruction. These include strong educational leadership, high expectation of student achievement, emphasis on basic skills, safe and orderly climate, frequent evaluation of students' progress.
Other aspects which Lynch (1992:69) sees as important are school ethos, achievement orientation, classroom organisation, effective promulgation of school aims.
To practise human rights in South African schools, an awareness of human rights has to be established in the schools. Schools in South Africa need to be encouraged towards a human rights education. To successfully implement human rights education, there are a number of factors which need to be considered which influence or determine the success of a school and encourage the participation of the 51_ school. These are the principal or head teacher; the learning environment; its structure and ethos; the circumambient ethos; its vibrancy; success orientation and social and intellectual discipline (Lynch, 1992:69).
These aspects are important in the establishment of a human rights school in which the pupil, principal and teacher create an atmosphere conducive for the implementation of human rights.
In South African schools which were plagued with a history of prejudices through divisions according to race, culture and language, it is very important for the schools to adopt a human rights approach in their "hidden curriculum". The atmosphere of the school should reflect a genuine cornmittment to justice and equality, the protection of rights and the students should be taught to be tolerant towards each other and the school should encourage enlightened person relationships between different races and cultures. In order for this to exist, the ethos of the school needs to be addressed.
3.3 THE ETHOS OF THE SCHOOL
Although good human rights education may take place in schools, their structure and general procedure do not affirm human rights and in order to establish human rights education in the school, a human rights school needs to be developed. The school organisation and governance climate can affect the attitudes of students. Participant climates are linked to more positive political attitudes and behaviour of students than authoritarian climates (Council of Europe 1984
(b) :27).
In the school which is the first real community which the child comes into contact with and if it is organised on authoritarian lines, the child will tend to accept this as customary in human organisations. If organised democratically, the child is given encouragement to participate and he/she will develop an ability to take part in democratic society (Council of Europe 1984 (b) :27).
Leach (In Osler, 1994:147) believes that the school ethos and policy informs the development of teaching and learning and an examination of issues in the classroom informs the development of school policy. An example of this is when a class examines gender issues in their class and the following question may be asked: "'hat is the school policy on equality of opportunity and is it effective?". It is therefore important that in the development of school policies, which contribute to defining the nature of the curriculum in the school, the schools have to address gender, anti-racism, equality of opportunity, issues about development, environment issues, creating positive images, conibating stereotypes, co-operative and collaborative approaches, 53. child-centred and active learning approaches specifically (Leach, C (In Osier 1994:1471).
Lister, (1984 (27):29) believes that the human rights school is in a state of becoming and not in a state of being and work needs to be done on its theory as well as practice. General structures and practices of the school should reflect a concern for the procedural values which underpin human rights such as freedom, toleration, fairness, and respect for truth and reasoning. it should respect the rights and fundamental freedoms of all its members, acknowledging that they have these rights and fundamental freedoms by 'virtue of their common humanity - all are entitled to these rights and freedoms by virtue of their common humanity. There should be no discrimination against any pupil on the grounds of race, religion, social class or gender.
Lister (1984:29) also advocates that the human rights school will regard and respect children and women as part of common humanity. It should guard against unconscious' or "unintentional" racism and sexism. There should be no one in the school who should be subjected to torture or to inhuman or degrading treatment or punishment. All punishment must be preceded by due process and a fair hearing. There will he the right of freedom of opinion and expression, and of peaceful assembly and association. Students will form and belong to 54- issue-related groups which respect the ideals and procedures of human rights. Education in the human rights school will be directed to the full development of the human personality, show concern for brain and hand, and for intellect and emotions. The human rights school will promote understanding, tolerance and friendship between people of different national, ethnic or religious groups and a concern for the maintenance of peace. Students will be helped to acquire the attitudes and skills necessary to facilitate peaceful social change. Everyone has duties and obligations, as well as rights and freedoms, that these will include duties to the community and obligations to respect the rights and free'doms of others. The school will be aware of the relationship of rights, freedoms, duties and obligations. The relationship between the rights and freedoms of one and the rights and freedoms of another may be contentious issues.
Lister (1984:29) believes that the human rights school will not be without conflicts and issues as these are essential elements in political and social change. The school will however have procedures to enable conflicts and issues to make a productive and positive contribution to its reformation, and a dialectic to facilitate.
As pointed out earlier in the chapter, the ethos of the school plays a pivotal role in the developments of the 55. attitudes of the students regarding human rights issues. It is therefore important that the school develop an ethos which would reflect a committment to human rights and the eradication of all kinds of prejudices. In order for the school ethos to develop, a human rights curriculum needs to be implemented within the school.
3.4 THE HUMAN RIGHTS CURRICULUM
3.4.1 What is a curriculum?
The term 'curriculum' is used in a multitude of ways. Various definitions of the curriculum have been made with an attempt to try to explain exactly what the curriculum entails. There is no single definition which is used to explain exactly what a curriculum entails in its totality.
Hass(1980:4) describes the term curriculum as 'all of the planned experiences that learners have under the schools guidance'. Zais(1976:3) defines the term curriculum in two ways, to inculcate roughly, a plan for the education of learners' and to identify a field of study'. Bell, Pitt & Skilbeck (1976:8) however feel that no one has yet produced a definition of curriculum that is generally acceptable and suggests that curriculum embraces 'all the educational activities of the school in the widest sense. These sentiments are verified by Longstreet & Shane (1993:47) 'No single definition of curriculum is accepted among JO- practitioners of the field. There is, instead, a wide ranging continuum of interpretations with numerous positions'. Kruger (1980:19) describes a curriculum as selected and ordered teaching content that introduces a programme for teaching where there is a functional coordination between situation analysis, aims, planned learning experiences, learning activities and evaluation.
3.4.2 The human rights curriculum rationale
The human rights curriculum is based on a moral and legal imperative especially in those countries practising democracy. -It should illuminate the human condition and stress the universality of the search for human dignity. -It should develop effective citizenship who will have an impact on the policies of their government, and who have an understanding of the foreign policy of their own government. It should serve as an organising framework for global studies which otherwise can lack substance and focus.
It should dissipate student - el egocentric and ethnocentric view of rights- implying responsibility towards others (Lynch, Modgil & Modgil 1992:27).
3.4.3 Guidelines which could be used for the selection of curriculum content for human rights education.
In the selection of a human rights curriculum, the teacher. b7 . should look at ways in which to optomise pupils learning experiences as well as choose fundamental principles of human rights to empower pupils to become conscientious in their attitudes and behaviour towards others. This could be achieved by the realisation of democracy, liberty, equality and justice. The education process should help develop respect for the value of our peoples' diverse religious, cultural and language traditions and encourage peace, tolerance and stability in our communities and nation. The curriculum should promote the values underlying the democratic process and the declaration of fundamental rights in the constitution, the unity of the nation, the common citizenship and common destiny of all South Africans irrespective of race, ethnicity, culture, class or gender, encourage the principle of sustainable development and care of our common environment, mutual co-operation and civic responsibility, and equip students to participate confidently in social and civic life.
The curriculum should encourage independent and critical thought, the capacity to question, enquire and reason, to weigh evidence and form judgments, to achieve understanding, and to recognise the provisional and incomplete nature of most human knowledge (Government Gazette, 23 September
1994:12). 58.
Other aspects could include a sensitivity to the use of language and subject matter in school subjects; true contextual sensitivity (an example of this could be the carrying of traditional weapons by the Zulus); a generosity of spirit; to enable students to move from mere tolerance of other racial and ethnic groups to true understanding; to be sensitive to new processes of cultural change (Lynch, Modgil & Modgil 1992:283); human rights themselves must not become another doctrine to be learnt by heart and applied by rule to every case, its value system is the essential basis for learning and individual growth (Cunningham, J [in Starkey 1991:103)).
It is crucial to look at the South African social environment holistically when selecting a curriculum for human rights education. South Africa has diverse cultures and these need to be understood and appreciated by all. A curriculum for human rights education needs to eMbrace a common citizenship for all South Africans as well as be sensitive to the different language groups and cultures at the same time.
Although these guidlines may prove to be valuable in setting up a human rights curriculum, they must not be viewed as complete in any way.
Success in human rights education could possibly be achieved by establishing a human rights curriculum in the schools. 59_
Without a set curriculum of human rights, it would be virtually impossible to operationalise human rights in education. Aspects which will be important in the curriculum of such a nature include aims, skills, knowledge, content, attitudes as well as value-based action and the combatting of hostile attitudes. In order to give the content a South African flair, it can also be supported by actual human rights abuses which were told to the Truth and Reconciliation Commission of South Africa. The South African Constitution could also prove to be invaluable content for human rights education.
The struggle for democracy in South Africa has played a central role in defining the parameters for change in the education system and the gains of such a struggle have been obtained at an exorbitant human and social cost. The human rights curriculum should therefore acknowledge those who fought so hard for the right to a free and equal South Africa.
Although the curriculum for human rights education is very important, the school atmosphere is of utmost importance for the successful implementation of a human rights curriculum. There are however, numerous problems which could be experienced when implementing a human rights curriculum and these will be discussed in the following section of this chapter. 60..
3.4.4 How to implement a human rights curriculum.
Many exponents of human rights have divergent views on how human rights should be introduced in the schools. Tarrow feels that human rights should not be viewed as isolated extra's, something to be stuffed into an already packed curriculum, but a concept that is integral to existing curriculum (Tarrow, N (In Lynch, Modgil and Modgil 1992:271). The human rights curriculum can be implemented in a variety of ways and a consensus needs to be reached on which particular method would be most successful.
Heater (In Starkey 1991:235) advocates two basic patterns where human rights education can feature as a component of different disciplines. Another way which is advocated is using it as a self-contained inter disciplinary block. Best (In Kriek 1993:89) feels that it should not be taught in a single course. it is best to spread it over a few years and divide it into a number of disciplines. Heater (1991:236-241) strengthens this argument by mentioning subjects in which human rights themes could be accommodated such as Literature, Citizenship, Geography, Law and Moral Education.
Pritchard (1989:471) on the other hand feels that Political Education is a more suitable discipline for the teaching of human rights on a more advanced level and at universities. 61.
Pritchard also advocates that human rights at school level should be integrated with a number of subjects and courses. She also feels that the ideal in senior standards would be a separate specialist subject for human rights.
Micheline Ray (In Starkey 1991:135) believes that human rights education is a matter of experience and awareness which stimulates thinking and knowledge rather than teaching of a subject.
Cunningham (In Starkey 1991:103) advocates that schools should have to vary themes across a number of departments. Specialised 'core" courses should also 'be taken in human rights to guarantee a minimum level of understanding.
Another model which could be of use is the threaded model (Fogerty, 1991:64). This model focuses on the meta curriculum that supersedes or intersects the very heart of any and all subject matter content. This model could be excellent in relating human rights to pupils within a school. The skills which the pupils learn could prove to be invaluable in the learning of human rights. The hidden curriculum of human rights could also be superseded in this manner.
The human rights curriculum could be made more effective by using a combination of all the above suggestions in a network model. Learners filter all learning through the experts eye 62. and makes internal connections that lead to external networks of experts in related fields.
The advantages of this integrated approach is extremely pro- active in nature. Learners self initiate the searches and follow the newly emerging paths. The learners are stimulated with relevant information, skills, or concepts that move his/her learning along.
There are certain aspects which need to be considered when drawing up a human rights curriculum and it is therefore important for this study to focus on those.
3.4.5 Aspects related to teaching and learning of a human rights curriculum.
In the drawing up of a possible core curriculum for human rights education, and the implementation of such a. curriculum, a great deal of planning needs to be done especially since one of the reasons given by many educators for their failure to deal with human rights is the paucity of appropriate educational materials, and that the curriculum is coming "from the top down - and has less chance of being implemented than if teachers are actually involved (Lynch, Modgil and Modgil, 1992:31). Aspects such as teacher training, availability of content, whether to make the subject an examination subject, whether to make human rights 63. a subject on its own or whether to introduce it as modules or integrate it within existing subjects needs to be addressed.
Ian Lister ( Council of Europe, 1984:3) gives a list of aims, content, methods and materials which could be used in the teaching of human rights. The problem with this, however, is that it is a long list which could at first sight demotivate teachers and it does not give any concrete, practical methods on how these could be implemented successfully. This will lead to teachers being despondent and unenthusiastic especially since there is no plan given on how the content can be successfully implemented. This would lead to teachers feeling helpless with a list of content, without a plan to practically implement human rights education.
Starkey (1991:30) gives a list of the knowledge which is to be acquired in the study of human rights. Here again we see a list of content which could be used without any structural. guidelines. In the discussion on teacher training Starkey, (1991:34) gives instructions on how teachers should act in future as well as what they should familiarise themselves with are given. Like Lister, lists of content as well as how teachers should act are given and there is no real guidlines on how this is to be achieved. 64.
Martina Abdullah-Pretcalle (In Starkey 1991:68) gives proposals for action with regard to human rights education. Once again there are no areas in her discussion where human rights education was practically implemented to show how or where these proposals have been successfully implemented. Pauline Lyseight-Jones (In Starkey, 1991:84) gives examples of teaching and learning styles for human rights as well as concepts and possible projects. This again does not give teachers practical possibilities on how it should be used, especially in schools that do not have a human rights curriculum.
Dye (In Starkey 1991:107 -- 113) also gives materials for introducing human rights, how to use a computer to compare human rights and projects/ plans for student activism. As noted above, Dye also gives materials and projects for human rights but nothing is mentioned on how all this information could be practically implemented within the school structure, where human rights could be experienced by both the teacher as well as the pupils.
Best (In Starkey 1991:127) also advocates a programme which could be used for human rights, but there is no guidance as to how such a programme could be implemented within the school. 65.
Heater (In the Council of Europe, 1984:6) like the others, has given a list of aims and objectives, major concepts, values and attitudes, intellectual and action skills which should be taught in human rights education. In these aspects, there is a danger of indoctrination.
Shafer(In Tarrow, 1987:196) gives a list of secondary curricula as well as elementary curricula which could be implemented in the schools. She does not, however, give practical methods of implementing such theories. This shows that although many people have their theories on human rights education , there is hardly, if any, guidelines on how these theories could be operationalised.
Human rights have been romanticised and theorised and in order to implement human rights successfully, a programme needs to be established where all these aims, objectives and skills could be used within the school curriculum.
Other problems in the teaching of human rights could be caused because teachers are generally unwilling to risk teaching on topics in areas where they feel ill-prepared.
Academic preparation of future teachers rarely include topics of human rights, international instruments and enforcement mechanisms, important movements in the field and current human rights issues. Yet, Kriek (1995:194-210), 66.
Starkey (1991:22-37), Lynch, Modgil and Modgil (1992:30-54), Lister (1984:6-13), and Heater (1984:3-17) all give lists of content which should be studied in human rights. Drubay (In Lynch, Modgil & Modgil, 1992:31) points out that the abstract legal language of documents has to be decoded in order to place them within the linguistic grasp of students. There is also not enough materials to help students deal with the contradictions, violations, and even hypocrisy that they sense in terms of world reactions to human rights issues.
EmAluatian
In Lister's (1984:31) evaluation of human rights, he mentions the assessment of attitudes. This will be very difficult to do. Other difficulties which could be experienced by the teacher in assessment will be the fact that human rights is generally speaking not an examination subject and pupils will tend not to show too much of an interest in the subject. It is for this reason that the pupils will have to be motivated towards active participation. A possible solution is that a human rights course could be made a prerequisite for the passing of a standard which could motivate the pupils into active participation in the lessons.
Another problem could include the use of testing and to see whether your teaching methods have been effective. 67.
Other problems in evaluation which. were encountered was where students were given lower marks in answers where they were critical of the 'police than to those who were in favour of police. Examiners also tended to mark definitions of racism which included 'culture', religion",' creed', nationality and language and accepted only colour and anti-Sematism (Rendel, M [in Lynch, Modgil & Modgil, 1992:153]).
This further highlights the problems regarding evaluation. The evaluation of human rights education is based on the perception, especially in this case, of the evaluator and this further increases the discrepancies within human rights education.
3.4.5.1 Human rights implementation problems in various countries
Human rights has not really claimed its place within the curriculum of most countries and is taught mainly as part of other subjects or modules such as in America and Germany (Shafer,(In Tarrow, 1987:197-202]). In France, non-statutory guidelines for a new civic education course became compulsory in secondary schools from 1986 in which the ministerial guidlines, (1990), contains a special section on human rights education. These form part of the six official_ cross- curricular themes of the French national curriculum. In 68.
Sweden, human rights form part of Peace Education (Osier, 1994:25). In the United Kingdom there was a phased introduction of a prescriptive national curriculum for human rights and development education. However, not much is done as far as a human rights curriculum is concerned in the United Kingdom and organisations involved with education are still trying to promote Human Rights Education (Osier, 1994:27).
Rendel (In Lynch, Modgil & Modgil, 1992:151) believes that human rights are rarely taught in British schools and this conclusion was reached after the release of a report in Britain which revealed that there is no consistent teaching in human rights in English schools.
Although human rights education is important, there are a variety of problems which accompany such a subject. In Britain, the government gave a grant to develop and promote the 1974 Unesco recommendations, but in 1979, with the government change, these funds dried up (Osier, 1994:26). This could be one of the reasons why Human Rights Education is not progressing in the world as it should. Human Rights Education is liberal in its views and leans towards a leftist viewpoint and one of the reasons why Human Rights Education is not being supported by education departments as it should be could be because of its political stance. 69.
Countries which are not based on pro democratic and human rights principles will not support an education system which will advance democracy and human rights. It could lead to the downfall of such a government through exposure of human rights abuses and undemocratic principles.
In South Africa, however, the government has initiated many human rights developments within the country such as the Truth and Reconciliation Commission, the Human Rights Commission, the Bill of Rights, the Constitution of South Africa, as well as the independent judiciary. These are all indications that human rights education in South Africa would be given a great deal of support by the Education Department in South Africa.
Further proof of this committment can be seen in the Government Gazette (24 September 1994:25) where a plan of action for human rights education is outlined.
However, although the South African government is in full support of a human rights education, it does not necessarily mean that human rights will fully be implemented as part of the curriculum. New curricula and innovations usually struggle to achieve recognition and legitimization. Although human rights education is given recognition by the highest level of government, the human rights curriculum has yet to be implemented in the South African curriculum. Venter, Kok 70.. and Myburg (1996:21) feel that there has been little attention given to human rights education in South Africa thus far.
Although human rights education is given recognition and is ligitimised at high levels of government, new curricula or innovations struggle to achieve recognition and ligitimization. There also seems to be a problem in achieving successful implementation in human rights education which is acceptable to all ('farrow, N lin Lynch, Modgil & Modgil, 1992:31). Reasons for this could be the lack of impact of national and regional support for human rights education. Human rights is also curtailed in many countries, regions, towns and even schools and where human rights is curtailed, they will be absent from the curriculum (Shafer, 1987:203).
There are many human rights educationists who have introduced. many ways of approaching human rights content, skills development, ways of addressing learning experiences and opportunities which will enrich students and how to evaluate human rights education. There is however very little evidence in their research indicating how these theories are to he implemented into the curriculum. The conclusion to be drawn from this is that human rights has been theorised, romanticised and has been unrealistically approached. One of the reasons why human rights as a subject has riot gained any 71. momentum in the curriculum of many countries could be that it
is basically an ideology to its exponents .
Human rights education should not be too theoretical and as mentioned earlier in the chapter (p.66), it should be realistic in its content and it should be made understandable and simplistic.
In the South African situation, where there is an increase in crimes such as hijackings, rapes, murders etc., a human rights curriculum should not only comprise of concepts and terms relating to human rights, South African and international human rights covenants and declarations, human rights conventions, categories of human rights, the struggle for human rights in South Africa, the history of human rights education, international bodies that protect human rights and prominent people in the struggle for human rights (Kriek, 1995:194-210). It should include aspects such as morality, respect for oneself and others, respect for property, values, norms, etc. This is specifically relevant where pupils already have a background knowledge and they could apply human rights values in their own lives and try to address problems relating to crime, racism, inequalities and all other injustices which plague and endanger the existence of a South African society which value human rights and human dignity. 72.
Discipline also poses a problem in South African schools and warrants attention. Discipline in the human rights context plays an important role in the development of human rights especially in the South African educational situation. I will now focus un human rights and discipline.
3.5 HUMAN RIGHTS AND DISCIPLINE
One of the most widely used disciplinary measures in South Africa, corporal punishment, has been outlawed by the South African Schools Bill introduced by Education Minister Sibusiso Bengu (The Teacher, September 1996:3). This is in line with most countries who practise democracy. The Schools Bill states that "No person shall administer corporal punishment to a learner at school" (Sunday Times, 9 June 1996:7).
The Bill goes further in saying that a learner at a public school may only be suspended from school by the principal pending a decision whether the learner should be expelled. A learner may only be expelled from a public school on the grounds of serious misconduct, as determined by the Member of the Executive Council in terms of appropriate provincial legislation (Sunday Times, 9 June 1996:7). This will lead to many disciplinary problems in South African schools. 73.
In APT comment (September 1996:9) a school principal wrote the following letter: - I am the principal of a school here in the bushveld. Young Peter van Tonder is a very naughty buy. His father is an advocate. The new regulations and Children's Rights Bill state that I am not allowed to smack him, tell him what I think of him or keep him in after school. What must I do to guide him`?'.
The Teacher (September 1996:3) argues that corporal punishment humiliates and leaves a negative psychological impact on the child. A teacher is quoted as saying that corporal punishment did achieve positive results in the past, and its abolition leaves us with nothing to effect some semblance of order and discipline in our schools. He continues in saying that it is disempowering especially to those who teach at schools where discipline and respect have totally collapsed. Nasiena Khan says 'As teachers, we cannot answer violence with violence. Corporal punishment is A form of violence and if we want a peaceful society we must demonstrate to our pupils that there is an alternative to violence.' Kate Skinner in the same journal supports this statement 'Corporal punishment has brutalised many children and it could be one of the causative factors as to why we have such a violent society. Abolishing it is one of the prerequisites for establishing a culture of human rights and childrens rights in this country.' '74_
The National Professional Teachers Union of South Africa (Naptosa), rejects corporal punishment and Kobus Petersen says that an alternative to corporal punishment could be the use of extra work, and the point system where students are credited for their good behaviour.
Other means of discipline which could be used should adhere to the principles of the rights of the students. They should not be ostracized, humiliated or dehumanised.
Alternative methods of discipline could be used so that teachers could maintain a certain degree of regulation to enable the pupils to learn more effectively. There are however problems which arise in the schools due to an act of gross indiscipline. In dealing with discipline, a suggested code of procedures has been advised by Bell, Pitt & Skilbeck (1978:82). They believe that if a pupil is not prepared to be dealt with summarily, or where he/she continues to precipitate unfavourable the teacher in charge should determine that the level of recalcitrance has reached unacceptable levels and if the pupil refuses to be disciplined, he/she should be removed from the class and referred to the principal teacher of the department. The principal teacher should deal with the matter appropriately giving consideration to support the teacher concerned. 75.
If the attitude or behaviour of the pupil make it impossible, then the pupil should be excluded from the department. The principal teacher should contact the parents to attend the school to discuss the matter. The principal teacher may at this point decide to consult the class teacher and accept any advice which the principal teacher considers appropriate.
If a satisfactory solution fails after an interview with the parent, the pupil should continue to be excluded until an apology given to the teacher concerned and there is an undertaking given as to future behaviour and the acceptance of a sanction considered appropriate by the teacher involved.
Another example by Gabela (The Teacher, November 1996:10) could be used. He feels that a fresh look needs to be taken at punishment and its purpose and effectiveness in relation to the nature of the offence. He feels that the offender should be given an opportunity to do what is right than to emphasise the need to pay for doing wrong. To achieve this, a reward system needs to be worked out to reinforce good behaviour. This could be supplemented by a blacklisting, exclusion, suspension or demotion of offenders or defaulters. Those pupils with problems need to be talked to and guided. This could be done by finding out about their personal lives to understand their behavioural 76.. problems. Parents or next of kin should also be involved during this encounter.
These suggestions on discipline could be used functionally in
South African schools as they adhere to the principles of human rights and are also a means of constructively replacing corporal punishment. Human rights should always play a role in determining the disciplinary measures taken against pupils. Discipline should not be used as a tool to dehumanise or violate the rights of the pupil.
Reasoma High School in Protea North in Soweto, which is regarded as a successful school, practises strict discipline. If a student is regularly late for school, now that corporal punishment is forbidden, he or she is required to do - light manual labour" after school: sweeping or scrubbing floors, or picking up papers. Students who are absent are required to supply an explanation from their parents'. (The Teacher,
April 1996:7). When dealing with discipline in school, the balance between rights and responsibility is of groat importance. (Cunningham, J [In Starkey, 199].:91).
It is very important when meting out discipline to pupils to involve their parents, especially in serious offences.
The Boksburg/Germiston District of the Gauteng Department of Education sent a newsletter to the schools in the area due to complaints from parents that their children are being expelled/suspended without the schools bringing the case before the district office for discussion. The following procedures were laid down in the newsletter (3 of 1996):
The school should contact their district managers and inform him/her if a decision was made regarding expulsion/suspension. A full report must he handed to the district director regarding the situation.
The pupil and his/her parents should be informed by letter about the reasons for the expulsion and the parents should be informed that the case has been referred to the Gauteng department of education. The particular district office, however, does not recommend any guidelines as to how offences should be gradually solved before they culminate into expulsion and/or suspension of pupils.
Bray's (1992:18) views on discipline is that teachers are empowered to discipline pupils by virtue of their common-law status as persons acting in loco parentis. This power delegated to the teacher must be exercised in a proper and reasonable manner and also in accordance with the legal prescriptions regarding educational discipline.
He believes that in terms of the Bill of Rights, teachers meting out corporal punishment will not be protected by educational rules and regulations and even reasonable corporal punishment administered in terms of such prescriptions could amount to a criminal offence (i.e. assault(Bray, 1992:18).
Brays views on expulsion and suspension is that suspension means to be temporarily excluded from school activities by the school authorities. Expulsion is a serious action where pupils are banned permanently from school activities. He feels that both these measures relate to disruption of the academic environment, damage to school property or endangering the safety of pupils, teachers or other school officials. He believes that pupils may be expelled for alcohol and drug abuse on school premises, vandalising, stealing or defacing school property, and the use of or encouragement of others to use violence, force, or other actions interfering with the educational process. A right to education is a right shared with other persons who qualify for this right, it is shared by the pupil in his or her capacity as a member of a larger community (of school pupils) who claim this right from the public authority(the state).
These rights are not absolute and the school authority may suspend or expel a pupil where larger public education interests are at stake. An example will be where the culprit has disrupted the school process or endangered the safety of 70. other pupils, the state's responsibility towards public education will be decisive and suspension or expulsion of the pupil will be lawful (Bray, 1992:19).
In South Africa, where 'the country is in a period of transition and the educational situation is filled with uncertainty, discipline has led to widespread problems.
Corporal punishment has been declared unlawful, but that does not mean that pupils do not need to be disciplined. On the contrary, bad behaviour must always be punished. Schools discipline does not necessary have to crucible because of the banning of corporal punishment. Other disciplinary methods need to be ventured such as expulsion and suspension and other lawful forms of discipline which are in line with the principles of human rights.
3.6 CONCLUSION
In the light of what has been discussed above, it has become evident that a number of factors need to be taken into consideration with the implementation of a human rights curriculum. If a human rights culture needs to he established in South Africa, education should be one of of the main focuses in determining this culture. A human rights education must not become too ideological within the South African system, and it should not be romanticised by its proponents. 80..
The next chapter will focus on a case study of human rights in Rei.ger Park Secondary Schools because we have dealt with theory and it should be investigated whether the theory is applicable in practice. 8.1.. CHAPTER 4 4. EMPIRICAL STUDY 4.1 INTRODUCTION
Based on the literature study, which focused on human rights education, it became evident that there were some shortcomings because of the lack of knowledge of human rights, lack of discipline in accordance with human rights and the implementation of human rights.
It was necessary for this research to focus on an empirical study to find out whether these shortcomings existed in a specific context and how they could be eradicated if they were found to be present.
This chapter will involve a case study which was conducted at the Reiger Park Secondary Schools as well as the analysis of the case study.
4.2 NATURE AND PURPOSE OF THE RESEARCH
A research on human rights education was conducted in Reiger Park High Schools to determine the level of awareness of the teachers, pupils and their parents as far as human rights are concerned. However, along with human rights awareness, the research aimed at determining whether teachers, students and parents felt that there is a need for human rights education within the school. The research also aimed to determine their 82. reactions to aspects such as discipline along human rights principles, their personal behaviour and human rights as well as human rights in the curriculum.
4.3 RESEARCH DESIGN
The research was designed by means of a self administered close ended questionaire for teachers, parents and students with an open ended question included in the teachers as well as the pupils questionaire.(See appendix A). Standard nine pupils were chosen from the two high schools in Reiger Park, East Rand Secondary School and Reiger Park Secondary
No. 2. A total of 100 students were chosen because they aught to know more and they were more accessible because the matriculants were busy with examinations. Twenty five teachers were chosen to answer the questionaire. Ten parents were chosen from the first ten pupils from the standard nine group who volunteered to ask their parents to fill in the questionaire. After the questionaire was completed, ten students were chosen who had answered the questionaire relatively well to conduct an interview 'by means of a focus group. Six teachers who also answered the questionaire relatively well were also chosen to take part in a separate focus group interview. Separate interviews were held so that the pupils could be more relaxed when participating in the interview, especially if their contributions were contradictory to the teachers. 83.
4.4 THE RESEARCH INSTRUMENT
As mentioned earlier, the instrument was a close ended questionaire which included an open question for both teachers as well as students. This was followed by focus group interviews for both teachers as well as students. Each respondent was given a questionaire to complete and return. There was no control to determine whether the respondents were influenced by other sources in their responses or not. Interviews by means of two separate focus groups were then held representing teachers and pupils to discuss issues relating to human rights. A tape recorder was used to interview the focus groups which included six standard nine students and another focus group representing six teachers of the high schools of Reiger Park. The questions were designed in closed form to carry out the quantification and analysis of the results efficiently (Borg & Gall, 1989:428). An open ended question was used to allow respondents to make any response they wished to make in their own words (Borg & Gall, 1989:428). The focus group interview was included in order to follow-up leads and to obtain more data and greater clarity (Borg and Gall, 1989:446).
4.5 SAMPLING
Sampling is a way of selecting a small number of units from a 84. population to enable researchers to make reliable inference about the nature of the population (Krathwohl, 1993:123). The only two high schools in Reiger Park are studied as samples of this study. Standard nine students were chosen because they ought to know more and they were more accessible because the matriculants were busy with examinations. The teachers of both the schools as well as parents of the standard nine group were also used.
4.6 THE QUESTIONAIRE
The questionaire is two pronged in that it endeavours to indicate whether the respondents have any knowledge regarding human rights as well as whether they see the need for human rights education within the school. Close ended questions were used in this regard with an open ended question in both the teachers and students questionaires to gain some depth regarding any particular aspect of human rights education.
4.7 INTERVIEWS
A tape recorder was used to record two focus group interviews involving teachers in one and students in the other. The purpose of these interviews was to allow teachers and students who felt intensely about the subject to express their views. 85.
4.8 ANALYSIS OF DATA
4.8.1 The analysis of the questionaire
4.8.1.1 Teachers (auestionaire (Refer to Appendix A)
What is your gender? MALE 52% FEMALE 48% Have you been disCriminated against in any way at school? YES 48% NO 52% Do you think that human rights play a role in the content of the new constitution? YES 92% NO 0% UNSURE 8% Do you think that the Bill of Rights is advantagious to you? YES 76% NO 4% UNSURE 20% Do you support a human rights culture in South Africa? YES 88% NO 8% UNSURE 4%
If you are familiar with human rights, from where did you get your knowledge? NEWSPAPERS 37% TELEVISION 33% RADIO 22% OTHER 8% (articles) G6.
Do you think that corporal punishment should be re instated? YES 60% NO 36% UNSURE 4% Do you experience more or less discipline problems since the abolishment of corporal punishment? MORE 72% LESS 4% SAME 24% What alternative discipline could be used to replace corporal punishment? Choose one from below. DETENTION 44% SUSPENSION 28% EXPULSION 4% OTHER 24% Do you think that gays (lesbians and homosexuals) should have special rights? YES 24% NO 76% UNSURE 0% Should human rights be introduced into the school curriculum? YES 100% NO 0% If so, should it be: a separate subject 16% modules 60% permeation 16% unanswered 8%
Or should it ke touched on by the headmaster/teachers informally? YES 44% NO 40% UNANSWERED 16% 87.
14. Will you be willing to teach human rights: as part of your subject 20% as separate bits/modules 76% not at all 4% 15_ How should a culture of human rights be introduced into the school?
The following responses were given: Treatment with respect leads to respect for teachers and each other. Rights are coupled with responsibility. Morality is part of human rights. Workshops. -Pupils must be made aware of rights not to infringe on others rights. -Invite experts for talks and workshops. -The use of literature, leaflets and booklets. -Celebration of cultural events of others. Plays and dramas. -Implementation in curriculum. Debates. -Teachers should receive in-service training and introduce workshops.
16. Do you think that pupils attitudes have changed towards their education since the introduction of the rights of the child? YES 64% NO 12% UNSURE 4% 88.
Have they improved? YES 0% NO 96% UNSURE 4% Will the teaching of human rights education improve the relationships at your school? YES 80% NO 4% UNSURE 16% Is your school a multi-cultural and/or multi-ethnic? YES 100% NO 0%
Of the teachers who answered the questionaire, 52% were male and 48% were female. The schools in which the research was done are multi-cultural and multi-ethnic.
To simplify the analysis of the questionaire, five categories were distinguished: Category A - Knowledge Category B - Discipline (a human rights application) Category C - Personal behaviour and human rights Category D - Attitudes and expectations Category E - Human rights and the curriculum
Gatagnnx__A - Questions on knowledge can be summarised as follows: Questions 3 and 4 shows that the teachers who know about human rights in the two schools averages about 80 % which shows a relatively good superficial knowledge amongst the 89. teachers. Most of these teachers get their knowledge from newspapers.
QgtegaryB - Questions on discipline can be summarised as follows: Questions 7, 8, 9, 16, 17 and 18 are questions which address discipline. No less than 60% of teachers agree with the reinstatement of corporal punishment, and 72% experience more discipline problems. Most teachers feel that the best alternative to corporal punishment is detention, (44%). Teachers did feel that pupils attitudes have changed since the introduction of childrens rights,(84%), however. they felt that these attitudes have changed for the worst (96%).
It is obvious that teachers are not happy with the discipline issue in schools.
The majority of teachers (80%), however did feel that human rights education will improve relationships at school.
Qategictry Q - Questions on Attitudes and expectations can be summarised as follows: Questions 2, 5, 10 and 15 relate to attitudes and expectations. There are 48% of the teachers who felt that they were discriminated against at school. Many teachers support a human rights cuiture,(88%). However, only 24% feel that gays should have special rights. The general views of the teachers on how to introduce human rights in the schools can be seen in number 15 on page 87. QateggLxD - Specific questions on the human rights curriculum can be summarised as follows: Questions 11, 12, 13,and 14 are related to human rights and the curriculum. All the teachers agreed that human rights should be introduced into the curriculum. Most teachers felt that it should be taught in separate modules and 76% of the teachers are willing to teach human rights as separate bits/modules. These suggestions were made, not on teachers expert knowledge, but on superficial knowledge which they have of a curriculum. This is of course a problem because it is more of a reflection on their attitude than on their expertise.
4.8.1.2 Pupils Questionaire (Refer to appendix B) What is your gender? MALE 52% FEMALE , 48% Do you know what human rights are? YES 60% NO 6% UNSURE 34% Do you think that having human rights is advantageous to you? YES 28% NO 64% UNSURE 8%
Do you agree with the responsible use of corporal punishment? YES 28% NO 64% UNSURE 8% 91.
If you do not agree with corporal punishment, choose the type of punishment that you would prefer DETENTION 60% SUSPENSION 20% OTHER 20% Have you been given corporal punishment at any time during 1995 or 1996? YES 40% NO 60%
Has any of your teachers discriminated against you? YES 40% NO 58% UNSURE 2% Have you experienced sexual harassment at school? YES 0% NO 100% UNSURE 0% Since corporal punishment has been abolished, has there been an improvement in your discipline? YES 46% NO 36% UNSURE 18% Since the abolishment of corporal punishment, has there been an improvement in your academic performance? YES 40% NO 44% UNSURE 16% Do you know the code of conduct of your school as far as discipline is concerned? YES 52% NO 26% UNSURE 22% 92..
Do you think that all racial groups are treated equally at your school? YES 56% NO 30% UNSURE 14% Do you think that gays (lesbians and homosexuals) should have special rights? YES 26% NO 62% UNSURE 12% Have you any knowledge of the contents of the new constitution? YES 22% NO 58% UNSURE 20% If so, from where did you obtain this knowledge? Choose your reply. NEWSPAPERS 30% TELEVISION 54% RADIO 0% OTHER 8% DO you have any knowledge of the Childrens Bill of Rights? YES 29% NO 64% UNSURE 7% Are you willing to defend your rights? YES 100% NO 0% UNSURE 0% Are you willing to defend the rights of others? YES 88% NO 2% UNSURE 10% Have you experienced any racism in your school? YES 24% NO 74% UNSURE 2% 93..
Do you feel that you are treated the same as other students in your school? YES 62% NO 32% UNSURE 6% Do you think that it will be beneficial to study human rights as a subject at school? YES 80% NO 12% UNSURE 6% UNANSWERED2% Or do you think that the school principal/teachers should mention the importance of human rights informally? YES 90% NO 0% UNSURE 0% UNANSWERED10% What in your opinion are the most important rights. The following responses were given: -to be treated equally. freedom of speech. right to choose, make own decisions. -freedom of religion. freedom from discrimination. -freedom from fear of teachers. -the right to equal education. -no'discrimination by teachers. The students questionaire was answered by 52% male and 48% female and was divided into the same categories as the teachers questionaire: 94.
Category A - Knowledge Category B - Discipline Category C - Personal behavior and human rights Category D - Attitudes and expectations Category E - Human rights and the curriculum
Qateg2M.XA - The questions on knowledge can be summarised as follows:(Questions 2, 3, 14 and 16) The students do not have much knowledge regarding human rights and although 72% find human rights as being advantagious to them, only 10% have a knowledge of the new constitution and 20% have knowledge on the Childrens Bill of Rights.
QatfigammB - The questions on discipline can be summarised as follows: (Questions 4, 5, 6 and 11)
Sixty tour percent of the students do not agree with corporal punishment and 42% prefer detention as an alternative to corporal punishment and 28% prefer suspension and other means of punishment. Although corporal punishment has been abolished, 40% of the pupils have indicated that corporal punishment has been administered to them. Pupils ( 52%) felt that they knew the code of conduct of their schools, but 26% did not know the code of conduct and 22% were not sure about the code of conduct of their schools. 95.
QatagoryQ - (Questions 9, 10, 17 and 18) involve questions on personal behaviour and human rights. They can be summarised as follows:
Forty six percent of the pupils felt that their diccipline has improved since the abolishment of corporal punishment while 36% feel that their discipline has not improved and 18% were unsure. Forty four percent of the pupils however, felt that their academic performance has not improved since the abolishment of corporal punishment while 40% felt that their academic performance has improved and 16% were unsure. All pupils were willing to defend their rights and no less than 88% were willing to defend the rights of others. tlataggmm.12 - involves questions on attitudes and expectations ((uestions 7, 8, 12, 13, 19 and 20) and can be summarised as follows:
Forty percent of the pupils felt that they have experienced discrimination by their teachers and 58% felt that they have not experienced discrimination. All the pupils did not experience any form of sexual harassment at school and 56% felt that racial groups were treated equally at their school and 15% felt that they were not treated equally while 14% were unsure. Sixty two percent of the pupils did not think that gays should have special rights while 26% felt they should and 12% were unsure. Seventy four percent of the 96_ pupils had not experienced racism in their schools while 24% experienced racism and 2% were unsure. Sixty two percent of the pupils felt that they were treated the same as other students while 32% did not feel that they were treated the same and 6% were unsure. clfttaggzaLE - involves the human rights curriculum (questions 21 and 22) and can be summarised as follows:
Eighty percent of the pupils felt that it would be beneficial to study human rights as a subject at school while 12% felt that it was not and 6% were unsure. Eighteen percent 18% felt that the importance of human rights should be mentioned informally by the principal/teachers. None of the pupils felt that it should not be mentioned by the principal/teachers informally.
4.8.1.3 Parents Questionaire (Refer to Appendix C) Do you know what the principles of human rights are? YES 42% NO 33% UNSURE 25% Do you think that having human rights is advantageous to you? YES 58% NO 8% UNSURE 33% Do you have any knowledge of the Childrens Bill of Rights? YES 33% NO 42% UNSURE 25% 97..
Do you agree with the responsible use of corporal punishment? YES 42% NO 58% UNSURE 0% How do you discipline your child at home? Choose an appropriate response. (You can choose more than one response). PHYSICAL PUNISHMENT 6% SCOLDING 47% GROUNDING 29% OTHER 18%
Do you think that your child's discipline has improved at home after the abolishing of corporal punishment at school? YES 75% NO 17% UNSURE 8%
Do you have traditional gender roles at home? YES 67% NO 25% UNSURE 8% Do you think that your son/daughter experiences any form of discrimination at school? YES 0% NO 92% UNSURE 8% If you have a daughter at school, do you think that the school will equip her adequately to enter into a profession dominated by males? YES 50% NO 17% UNSURE 3:3% Do you think that gays(homosexuals and lesbians) should have special rights? YES 42% NO 50% UNSURE 8% Do you think that your child is now receiving an education equal to that of previously advantaged groups(eg. whites) YES 67% NO 25% UNSURE 8% Would you like your child to know more about human rights at school? YES 92% NO 0% UNSURE 8%
The Parents questionaire can be divided into four categories. These include: Category A - Knowledge Category B - Discipline (a human rights application) Category C - Personal behaviour and human rights and Category D - Attitudes and expectations Qatgg=2A which involves knowledge( Questions 1, 2 and 3) can be summarised as follows: Forty two percent of the parents knew about the principles of human rights while 33% did not know and 25% were unsure. Fifty eight percent of the parents felt that human rights are advantagious. Only 33% of the parents had the knowledge of a Childrens Bill of Rights. This shows a lack of knowledge on the part of the parents as far as human rights are concerned. flatAgory_B - involves discipline (Questions 4, 5, and 6) and can be summarised as follows: Fifty eight percent of the parents do not support the responsible use of corporal punishment while 42% agreed with the responsible use of corporal punishment. Of the parents 99. who answered the questionaire, 6% disciplined their children by using physical punishment, 47% used scolding and 29% used grounding. Eighteen percent used other forms of punishment in disciplining their children. Seventy five percent of the parents felt that their childrens discipline had improved after the abolishment of corporal punishment while 17% felt that their childrens discipline had not improved. Category C - on personal behaviour and human rights has only one question, question 7 and 67% of the parents homes who have answered the questionaire have traditional roles at home while 25% do not and 8% are unsure. tlgtegarm12 - involves attitudes and expectations (Questions 8, 9, 10 and 11) and can be summarised as follows:
Ninety two percent of the parents felt that their son/daughter did not experience any discrimination at school. Only 50% felt that their daughters would be adequately prepared for a profession dominated by males, which shows that they do not really have confidence in the education system in providing equal education for their daughters. Fifty percent of the parents felt that gays should not be given special rights while 42% felt that they should and 8% were unsure. This indicates that parents are divided on the issue of gays being given special rights. Sixty seven percent of the parents felt that their children are receiving equal education while 25% felt that their children were not receiving equal education. On the question 100. on human rights education (%;/uestion 12). 92% of the parents felt that their children should learn about human rights and 8% were unsure. This is a strong indication that parents see the need for their children to receive human rights education at school.
4.8.2 Further analysis of questionaire The questions can be analysed even further by comparing the knowledge, discipline and human rights and the curriculum questions. These can be represented by means of a bar graph (Refer to fig 1).
Rg 1
100
6° 0 Parents o Students e. 0 Teachers
20
A
A KnosoOodeo usgsrdIng human irtght3
OmpiovomotTa OtM Calpgneoff puplOo dm° too &bsmemona off )01 a 0 purdehmout
COW almgv of tfts tnt.Rxwam off human deft 6In ethooao 101. The knowledge graph shows that the parents and pupils do not have much knowledge regarding human rights, and the teachers have a greater knowledge of human rights.
In the graph representation of whether the students discipline has improved since the abolishment of corporal punishment, there is a great disparity concerning the feelings of the teachers, the parents and the pupils. This brings to light the disciplinary problems experienced by the teachers.(Refer to chapter 3, 3.5).
The graph representation of whether human rights should be taught in the school curriculum, shows a great support by parents, pupils as well as teachers.
4.8.3 Some general conclusions and comparisons
The questiunaire has verified the following:
As recommended by many exponents of human rights (3.4.4), most teachers in the case study felt that human rights should be taught in modules. -As pointed out earlier in the chapter, discipline in schools, according to teachers in the case study, has deteriorated since the abolishment of corporal punishment (p.86). As pointed out by Myburg at al(chapter 3), many pupils as well as teachers are not familiar with human rights and this is verified by the questionaire. There are divergent views of teachers and pupils as far as 102. discipline, attitudes and academic performance is concerned. The majority of teachers as well as pupils preferred detention as an alternative to corporal punishment. -An overwhelming majority of both teachers and pupils felt that it would be beneficial to learn about human rights in school. It is alarming to note that many teachers are still using corporal punishment on pupils even though it is against the law and they can be imprisoned. -There are definite changes within the school system since the introduction of the Bill of Rights especially involving discipline in the school. Something which warrants attention is racism which was mentioned in the open ended question of the pupils questionaire (Question 23) which is prevalent in multi- ethnic/multi-cultural schools and needs to be eradicated.
This response will be discussed further in the focus group interview.
The next section of this chapter will focus on the focus group interview because the focus group helps to verify issues and look at issues in depth.
4.8.4 The interviews
4.8.4.1 Time and place
The groups were scheduled for a time and place which was acceptable to participants. The interviews were scheduled to 1.03. take place after school. The most acceptable venue for the group discussion was at a school which was central for all participants. Chairs were arranged in a circle so that respondents could communicate informally with each other.
4.8.4.2 Arrival
The researcher welcomed all participants and created a friendly atmosphere. Name cards and place cards were provided to each participant to create a warm atmosphere because it is of importance for the respondent to feel comfortable (Oliphant, 1993:39).
4.8.4.3 Introduction
After each participant was seated,the researcher explained to the respondents that they were specifically invited to give their perspectives regarding human rights education. The participants were encouraged to freely give their opinions, experiences and to participate spontaneously without any fear. The respondents were each given a content guide with three specific questions for the interviews.
Teachers questions
1.If so, why will you be willing to teach human rights at school? 2.How can there be an improvement in pupils discipline at your school? 3.Do you think that we are going overboard with human rights? 104. Pupils questions
1.What are your views on discipline in your school? 2.Are you more serious about education now that you have rights? 3.What type of discrimination have you experienced at your school if any'?
These questions identify the areas in which information was needed in the interviews. These interviews focused on the experiences and opinions of both the pupils and teachers. These findings were analysed and general conclusions were drawn.
4.8.4.4 Anonymity of respondents The anonymity of the respondents were guaranteed.
4.8.4.5 The attitude of the researcher The researcher was the group leader and his commentary was very subtle, if necessary and he did not direct the interviews.
4.8.4.6 Content All discussions were recorded on a tape recorder. The Tape recorder was placed in full view of the respondents. It was pointed out to the respondents that the tape recorder was necessary because all responses were meaningful and that it would be impossible for the researcher to take note of everything or remember all points of views and opinions. The respondents soon forgot about the tape recorder. 105.
4.8.5 The analysis of the interviews
The report on the students views on human rights education. The responses for question one were as follows:
Discipline at school is in a bad state. Discipline was better when corporal punishment was used. Discipline is poor at school and a pupil even assaulted a teacher. -There is a lack of enthusiasm of teachers to show interest in the pupils because of a lack of discipline. -The discipline of the school is not consistent which leads to even more discipline problems. Pupils feel that there is a lack of planning in terms of discipline and teachers do not know what form of discipline to use.
The responses for question two were as follows:
There is a lack of communication and if communication is broadened, there will be a better understanding. -Teachers and pupils should work together to improve discipline. -Involve parents, have a public meeting to discuss problems with parents to get other points of view. Parents should know and agree with the type of discipline which should be used. -Point system should be used and pupils should be penalised for not giving input. 106.
-Teachers should use their authority which they have to discipline children. -Children should be prevented from having functions if their discipline and behaviour is unacceptable. "I was more serious in the past because of corporal punishment, now that I have my rights, I am a bit lazy because I know that nothing is going to be done to me". "I was more serious about my work in the past, I was punished if I did not do my work and my marks were better than they are now, they have definitely decreased". "The school is becoming like a university, pupils just come and listen to the teacher and the teacher does not care what the pupil does or thinks and the pupils just do their own thing". "I think that our country is so many years behind and something like this should not be introduced to the country at such an early stage in the development of the country and corporal punishment should be brought back so that discipline can be levelled out until the children can learn a sense of responsibility". -"Some teachers abused caning, maybe they should bring it back and put some rules with it. The principal should only he allowed to discipline the children with the cane.
The responses for question three were as follows:
-Most of the pupils have not experienced any discrimination, 107. although they are aware of discrimination, where teachers discriminate against different races. -One pupil said,"Teachers do not handle black pupils as one in the same, they separate you, as a - coloured' you must have certain punishment and as a black you must have certain punishment". "Boys who were gaMbling were taken to the office and expelled. They were given a letter that they should leave the school. Coloured pupils were just given warnings when they were found gambling".
The report on the teachers views on human rights The responses for question one were as follows:
it can help the child not to be misinformed about what human rights are. They might have picked up something from the media or the environment and they could interpret it wrongly. It is important for each educator to teach a child who and what he is and what his rights are and it will help with discipline at school and outside of school and he might develop as a better person. -Human rights is important but must teach the child responsibility which goes with his rights. It is a good opportunity for the child to express himself intellectually and morally, it gives a child an opportunity to combine his religious beliefs with morals.
It is a fundamental part of any human beings life to 108 . accustomed to what their rights are. They will know what their rights are and their limitations.
The responses for question two were as follows:
-So called 'coloured' schools have lots of discipline problems. Most of the discipline problems can be blamed on management. If people on top are not willing to change then our discipline will not change. -Individual teachers have their own ways of disciplining children, moving away from old structures where you had to whack a child to discipline him such as keeping a child in for the break. -The pupil teacher ratio leads to discipline problems. Overcrowding leads to discipline problems. -In the past teachers acted in an authoritarian manner and they discarded the children's rights and did not want'to give the child a fair hearing. One should bare in mind that an incident is caused by two parties and if you do not give the child a fair hearing then you are not being just towards the rights of the pupil. -We need to introduce self discipline to children. They should be taught to become responsible and rewarded for good work. If they do not accept responsibility then detention should be used to discipline them. - A lack of consistency also causes discipline problems. 109.
If structures are put in place for discipline, they should be followed. -Planning, structure, consistency and controlling are the most important aspects and if all these are put in function, pupils will obey the order which they bring.
The responses for question three were as follows:
do not think we are going overboard with human rights, with our case, it is a lack of consistency. -In South Africa with the introduction of human rights, there is a lot of things which have went wrong, things are getting worse not better. Now that we have our freedom, what is it worth after all if people are living in fear of being hijacked, raped, robbed or killed. -Human rights is essential but the punishments issued do not justify the crime. -The system needs to revue itself and the people need to know that the type of crime must be punished accordingly, the same applies to the school, we need to tell the child that if you are going to be undisciplined, certain steps will be taken against you. There should be a fixed structure followed continuously and consistency Should be the action word. There was a case at our school where a pupil attacked a teacher and this is definitely going overboard, a total breakdown. Teachers need to go to higher authority if they are attacked 110. if the school does not address the case adequately. Children should be made to realise that they cannot get away with wrong doings. There are however some advantages of rights such as the open policy of the education department. The teacher is more well informed. The pupils need to be educated as far as human rights are concerned. Many people speak of human rights, but to understand what human rights really means to an individual is more important. If we have human rights classes where teachers are trained and we can transfer information to the pupils then we will be able to see the benefits of human rights. -Teachers need to talk to pupils about life in general so that they can see the world differently. Maybe we are not ready for all these human rights, we still have to go and take it in stages because we cannot compare ourselves with a first world country because we are far from accepting self discipline and responsibility. You need to have freedom with responsibility. Education should be more holistic and children should b3 prepared for life. We should not only give children facts but teach them morals and values. If a pupil is not responsible he will not study or do assignments or be disciplined in the classroom." 4.8.5.1 The overall conclusions from pupils interview
The overall conclusions which could be drawn from the pupils interviews is that the pupils recognise the problems of the schools relating to discipline. They experienced a lack of enthusiasm of the teachers to show interest in the school because of a lack of discipline. They agreed that there is a lack of communication between pupils and teachers and this has led to discipline problems. One pupil even said that, "School is becoming like a university, pupils just come and listen to the teacher and the teacher does not care what the pupil does or thinks and the pupils just do their own thing". A pupil also said that corporal punishment should return so that discipline could be levelled out until children learn a sense of responsibility. There is also discrimination regarding different racial groups and a pupil commented by saying that teachers do not handle black pupils the same as "coloured' pupils. They separate blacks from "coloureds'. Black pupils are treated unfairly and discriminated against.
From the comments of the pupils it becomes apparent that a lot needs to be done in our schools to move towards a human rights culture such as the implementation of a disciplinary code which is consistent and fair to all. Teachers need to become more motivated and enthusiastic and show more interest towards the pupils and racism needs to be eradicated from within our schools. 112.
4.8.5.2 Overall conclusions of teachers interview
The overall conclusions which could be drawn from the teachers interviews are that they are willing to teach human rights and they realise the importance of human rights within the South African context. There is a lack of discipline in schools especially after the abolition of corporal punishment and there is a lack of strategies to combat the problems of discipline. A human rights perspective on discipline calls for self discipline and responsibility. Teachers feel that human rights are being misunderstood and that punishments issued usually do not fit the crimes. The system needs to revue itself and crimes should be punished accordingly. That was stressed by the interview with the teachers was that rights go hand in hand with responsibilities and if pupils are taught responsibility, there will be far less discipline problems.
4.8.6 Conclusion
In the new dispensation in South Africa, there are many problems relating to issues surrounding the school. When introducing human rights within the school, issues such as discipline, racism and all related problems aught to be addressed. Although this might appear to be painstaking, both pupils and teachers should realise that it is only through human rights education that problems of this nature will be adequately addressed. 113. The research has proven that there is a genuine need for teachers and pupils to develop a knowledge of human rights. The pupils and teachers need to work together to find solutions for the discipline problems which are caused by inconsistencies, lack of communication and lack of disciplinary mechanisms and procedures. These problems could be solved by using discipline procedures which adhere to human rights principles. All teachers and most pupils and parents support a human rights curriculum and most teachers felt that the curriculum should be introduced by means of modules.
The chapter which follows will discuss the conclusions of the study. 1.14 CHAPTER 5 5. SUMMARY, CONCLUSIONS AND RECOMMENDATIONS
5.1 SUMMARY
In the Republic of South Africa, during the apartheid era, there was an array of human rights violations and this is evident in the testimonies borne by the Truth and Reconciliation Commission. For South Africa to become more democratised, human rights need to become the watchword of the South African society. There is therefore an urgent need to make the citizens of South Africa aware of the Bill of Rights which plays an important role in the new constitution. South Africans need to be educated as to the role, function and content of the new constitution to develop respect for the new constitution as well as the human rights act.
Exponents of human rights education like Starkey (p.17), Lynch (p.50) and Lister (p.53) have expressed that human rights education has the potential to improve relationships as well as gain a greater understanding of different cultures, races and ethnic groups. This could be of great use to South Africa especially since it has a diversity of ethnic groups which were separated by law. This made intergroup relations difficult and even caused hatred among the different race groups. 115_
The aim of the study was inter alia to look at overseas countries and see if there are any patterns in human rights education and whether global problems are experienced in the local context. It was also the intention to find out whether people know about human rights, their attitudes towards human rights as well as their attitudes towards discipline as part of a human rights ethos and how human rights would be incorporated into the school curriculum.
The findings of the research regarding human rights in South Africa, questionaire replies and qualitative analysis of participants show a positive attitude towards human rights education. There is however, some contention regarding the behaviour, attitudes and discipline of the pupils. Teachers feel that they are experiencing more discipline problems since the abolishment of corporal punishment but pupils feel that their discipline has improved. There is an overwhelming support for the introduction of human rights within the school curriculum by both teachers, pupils and parents. Teachers felt that human rights should be introduced in the form of modules and this is in line with Tarrow and Starkey (p.60).
The South African Law Commission and the Ministry of Education confirms the need for knowledge regarding human rights by teachers and pupils which has been verified in the research. The willingness of teachers and pupils to 116. participate in the learning of human rights as part of the curriculum in the school as shown in the research, confirms a need to introduce human rights within the curriculum of South African schools.
5.2 CONCLUSION
The study has shown an urgent need for the introduction of human rights education into the school curriculum and that there is a lack of knowledge regarding human rights among teachers, pupils as well as parents. There is also a danger of a collapse of discipline within the school since the abolishment of corporal punishment because of a lack of guidance or knowledge on how to implement disciplinary codes within the schools. Schools need to devise disciplinary codes that are acceptable to all. It therefore remains the premise of the education department of South Africa to devise a plan to introduce human rights within the curriculum of the schools as well as give guidlines to the schools on different procedures to follow when experiencing discipline problems.
In devising a plan for human rights, Unesco used expert advise. The education department of South Africa also needs to consult experts in this field, although grassroots should also be consulted for inputs.
There is very little emphasis on human rights education in 117. most countries of the world and it is a relatively new concept in South Africa.
Human rights education has been romanticised by its exponents throughout the world with very little practical applications. On the other hand, governments in most countries throughout the world are not very eager to promote and fund human rights education. The South African government, however, sees a need to promote human rights education although there is no evidence as yet of human rights programmes functioning in schools.
5.3 RECOMMENDATIONS
In South Africa which is a society with a history of human rights abuses, human rights education has to contribute to an education for reconciliation.
Human rights education should reflect a genuine committment to the protection of the rights of students.
* The human rights school should be organised democratically to encourage pupils to participate in a democratic society.
A human rights curriculum should be introduced into the school because it would be virtually impossible to 118.
ope•ationalise human rights education in the schools
without a set curriculum. The way the curriculum aught to be structured needs further investigation.
Human rights education will guard against mistakes made by previous governments.
In the light non-racial state schools, human rights education needs to be introduced into the school curriculum to discourage any form of discrimination against any pupil on the grounds of race, religion, social class or gender. Each pupil should be seen as part of a common humanity.
5.4 RECOMMENDATIONS FOR FURTHER RESEARCH
The present study was confined to Reiger Park. It would be interesting to find out how people from other areas would respond.
An investigation on whether human rights education should be an examination subject is recommended.
An investigation on discipline/motivation "strategies"
ina human rights perspective is recommended. 119. Bibliography
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This research is conducted to determine the extent to which human rights education is being practised in Reiger Park.
There are many changes taking place in education in South Africa at present and your views on the issues will be highly appreciated. Please be assured that your responses will be treated with strict confidence and your anonymity will be respected. Teachers questionnaire Choose the correct answer by indicating your choice by means of an X in the appropriate block. 1.What is your gender? MALE FEMALE 2.Have you been discriminated against in any way at school? YES NO 3.Do you think that human rights play a role in the content of the new constitution? YES NO UNSURE 4.Do you think that the Bill of rights is advantageous to you? YES NO UNSURE 125. 5.Do you support a human rights culture in South Africa? YES NO UNSURE 6.If you are familiar with human rights, from where did you get your knowledge? NEWSPAPERS TELEVISION RADIO OTHER INDICATE 7.Do you think that corporal punishment should be reinstated? YES NO UNSURE 8.Do you experience more or less discipline problems since the abolishment of corporal punishment? MORE LESS SAME 9.What alternative discipline could be used to replace corporal punishment?, choose one from below. DETENTION SUSPENSION EXPULSION OTHER 126. 10.Do you think that gays (lesbians an homosexuals) should have special rights? YES NO UNSURE 11.Should human rights be introduced into the school curriculum? YES NO 12.If so, should it be : a separate subject modules permeation 13.0r should it be touched on by the headmaster/teachers informally? YES NO 14.Will you be willing to teach human rights: AS PART OF YOUR SUBJECT AS SEPARATE BITS/MODULES NOT AT ALL 15.How should a culture of human rights be introduced into the school?
127.
16.Do you think that pupils attitudes have change towards their education since the introduction of the rights of the child? YES NO UNSURE 17.Have they improved? YES NO UNSURE 18.Will the teaching of human rights education improve the relationships at your school. YES NO UNSURE 19.Is your school a multi-cultural and/or multi-ethnic? YES NO 128. Appendix B Research on human rights in education
This research is conducted to determine the extent to which human rights education is being practised in Reiger Park.
There are many changes taking place in education in South Africa at present and your views on the issues will be highly appreciated. Please be assured that your responses will be treated with strict confidence and your anonymity will be respected. Questionnaire Students Questionnaire Choose the correct response by indicating your choice by means of an X in the appropriate block. 1. What is your gender?
MALE FEMALE 2.Do you know what human rights are? YES NO UNSURE 3.Do you think that having human rights is advantageous to you? YES NO UNSURE 4.Do you agree with the responsible use of corporal punishment? YES NO UNSURE 129. 5.If you do not agree with corporal punishment, choose the type of punishment that you would prefer.
DETENTION SUSPENSION OTHER 6.Have you been given corporal punishment at any time during 1995 or 1996? YES NO 7.Has any of your teachers discriminated against you ? YES NO UNSURE 8.Have you experienced sexual harassment at school? YES NO UNSURE 9.Since corporal punishment has been abolished, has there been an improvement in your discipline? YES NO UNSURE 130. 10.Since the abolishment of corporal punishment, has there been an improvement in your academic performance? YES NO UNSURE
11.Do you know the code of conduct of your school as far as discipline is concerned?
YES NO UNSURE 12.Do you think that all racial groups are treated equally in your school? YES NO UNSURE 13.Do you think that gays (lesbians and homosexuals) should have special rights? YES NO UNSURE 14.Have you any knowledge of the contents of the new constitution? YES NO UNSURE 131. 15.If so, from where did you obtain this knowledge. Choose your reply. NEWSPAPERS TELEVISION RADIO OTHER
16.Do you have any knowledge of the Childrens Bill of Rights? YES NO UNSURE 17.Are you willing to defend your rights? YES NO UNSURE 18.Are you willing to defend the rights of others. YES NO UNSURE 19.Have you experienced any racism in your school? YES NO UNSURE 20.Do you feel that you are treated the same as other students in your school? YES NO UNSURE 132. 21.Do you think that it will be beneficial to study human rights as a subject at school? YES NO UNSURE 22.0r do you think that the school principal/teachers should mention the importance of human rights informally? YES
NO
UNSURE 23.What in your opinion is the most important rights? 133. Appendix C Research on human rights in education
This research is conducted to determine the extent to which human rights education is being practised in Reiger Park.
There are many changes taking place in education in South Africa at present and your views on the issues will be highly appreciated. Please be assured that your responses will be treated with strict confidence and your anonymity will be respected. Parents Questionnaire Choose the correct answer by indicating your choice by means of an X in the correct block. 1.Do you know what the principles of human rights are? YES NO UNSURE 2.Do you think that having human rights is advantageous to you? YES NO UNSURE 3.Do you have any knowledge of the Childrens Bill of Rights? YES NO UNSURE 4.Do you agree with the responsible use of corporal punishment?
YES NO UNSURE 134. 5.How do you discipline your child at home? Choose an appropriate response.(You can choose more than one response). PHYSICAL PUNISHMENT SCOLDING GROUNDING OTHER • 6.Do you think that your child's discipline has improved at home after the abolishing of corporal punishment at school? YES NO UNSURE 7.Do you have traditional gender roles at home? YES NO UNSURE 8.Do you think that your son/daughter experiences any form of discrimination at school? YES NO UNSURE Elaborate if possible 135. 9.If you have a daughter at school, do you think that the school will equip her adequately to enter into a profession dominated by males? YES NO UNSURE
10.DO you think that gays(homosexuals and lesbians) should have special rights? YES NO UNSURE 11.Do you think that your child is now receiving an education equal to that of previously advantaged groups(eg. whites)?
YES NO UNSURE 12.Would you like your child to know more about human rights at school? YES NO UNSURE