The Autonomous Women’s Centre (AWC) submitted comments to the Ministry of Education on the Draft Law Amending the Law on the Foundations of the Education System, warning that several proposed provisions could reduce the existing level of students’ and parents’ rights and create legal uncertainty in their implementation.

Of particular concern is the proposal that would effectively limit students’ freedom of association to organising and participating in student parliament. AWC stressed that freedom of association also includes students’ ability to organise in different groups and clubs and to express their views collectively. Restricting this right to a single form of organisation is inconsistent with the standards of the Convention on the Rights of the Child and constitutes a reduction of the level of rights already attained.

AWC also raised concerns about broadly worded new disciplinary provisions that could, in practice, result in disproportionate restrictions on students’ freedom of expression, thought, peaceful assembly and association. Terms such as “endangering others” or “disrupting educational activities”, unless clearly defined, leave considerable room for different interpretations from one school to another. As a result, peaceful protests, petitions, class boycotts, critical expression or other legitimate forms of student organising could potentially be treated as disciplinary violations.

Schools must be environments in which children’s rights are exercised, rather than suspended. Maintaining order and ensuring the proper functioning of education are legitimate aims, but any restriction of students’ rights must be clear, necessary and proportionate. AWC therefore proposed more precise provisions that would clearly distinguish violent, abusive or intimidating conduct from the peaceful exercise of students’ rights.

The comments also address a proposal that could restrict the autonomy of student parliaments by requiring a person appointed to coordinate their work to sign rules of procedure adopted by the students themselves. AWC considers that the role of teachers or professional staff coordinating student parliaments should remain supportive and advisory rather than supervisory or controlling.

AWC also opposed the proposed reduction of parents’ participatory rights. The proposed amendments would alter the role of Parents’ Councils and reduce parents’ ability to directly influence decisions concerning the conditions in which their children are educated. AWC therefore proposed preserving the role of Parents’ Councils and establishing clearer rules for the appointment and dismissal of representatives to school governing bodies.

Finally, AWC pointed out that the explanatory document accompanying the Draft Law fails to answer fundamental questions: why particular amendments are being proposed, what problems they are intended to address and what objectives they seek to achieve. In many cases, the Ministry merely describes the proposed amendments rather than providing reasons for them, while some proposals are not explained at all.

AWC considers that amendments to education legislation should strengthen the rights and participation of students and parents, rather than create opportunities to restrict them through vague provisions and broad discretionary powers.

You can see the comments of AWC HERE.