Legal issues[edit]
The United Nations and democratic education[edit]
United Nations agreements both support and place restrictions on education options, including democratic education:
Article 26(3) of the United Nations Universal Declaration of Human Rights states that "Parents have a prior right to choose the kind of education that shall be given to their children."[87] While this in itself may allow parents the right to choose democratic education, Articles 28 and 29 of the United Nations Convention on the Rights of the Child place requirements on educational programs: Primary education is compulsory, all aspects of each student must be developed to their full potential, and education must include the development of respect for things such as national values and the natural environment, in a spirit of friendship among all peoples.[88]
Furthermore, while Article 12(1) of the Convention mandates that children be able to have input on all matters that effect them, their input will have limited weight, "due weight in accordance with the age and maturity of the child."[88]
Summerhill[edit]
In 1999, Summerhill received a 'notice of complaint' over its policy of non-compulsory lessons, a procedure which would usually have led to closure; Summerhill contested the notice[89] and went before a special educational tribunal. Summerhill was represented by a noted human rights lawyer, Geoffrey Robertson QC. The government's case soon collapsed, and a settlement was offered. This offer was discussed and agreed at a formal school meeting which had been hastily convened in the courtroom from a quorum of pupils and teachers who were present in court. The settlement guaranteed that future inspections of Summerhill would be consistent with Summerhill's educational philosophy.[90]
Legal issues[edit]
The United Nations and democratic education[edit]
United Nations agreements both support and place restrictions on education options, including democratic education:
Article 26(3) of the United Nations Universal Declaration of Human Rights states that "Parents have a prior right to choose the kind of education that shall be given to their children."[87] While this in itself may allow parents the right to choose democratic education, Articles 28 and 29 of the United Nations Convention on the Rights of the Child place requirements on educational programs: Primary education is compulsory, all aspects of each student must be developed to their full potential, and education must include the development of respect for things such as national values and the natural environment, in a spirit of friendship among all peoples.[88]
Furthermore, while Article 12(1) of the Convention mandates that children be able to have input on all matters that effect them, their input will have limited weight, "due weight in accordance with the age and maturity of the child."[88]
Summerhill[edit]
In 1999, Summerhill received a 'notice of complaint' over its policy of non-compulsory lessons, a procedure which would usually have led to closure; Summerhill contested the notice[89] and went before a special educational tribunal. Summerhill was represented by a noted human rights lawyer, Geoffrey Robertson QC. The government's case soon collapsed, and a settlement was offered. This offer was discussed and agreed at a formal school meeting which had been hastily convened in the courtroom from a quorum of pupils and teachers who were present in court. The settlement guaranteed that future inspections of Summerhill would be consistent with Summerhill's educational philosophy.[90]
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