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School Regulations Prohibiting University Students’ Political Activities Violate Basic Rights
Date : 2007.03.29 00:00:00
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On March 6, the National Human Rights Commission of Korea (NHRCK) recommended that school regulations banning university students" political activities be amended, based on its judgment that those regulations restrict or are highly likely to restrict such basic rights as the freedom of thought and conscience and the freedom of association as provided by the Korean Constitution and the International Covenant on Civil and Political Rights.
This recommendation was made in response to a complaint filed by the Democratic Labor Party in May 2005 to the effect that, " The school regulations of 69 universities around the nation prohibit students’ political activities and limit their activities by requiring them to obtain permits from school authorities for assembly on school premises."
The provisions in question pertain to " restrictions on student activities’ and ‘prohibition of their political activities" stipulated by school regulations at 20 national and public universities and 48 private universities. According to findings by the NHRCK, some school regulations provide that students engaged in political activities may be subject to heavy penalties such as expulsion.
Articles 18 through 21 of the International Covenant on Civil and Political Rights, which provides for the freedom of thought and conscience, the freedom of expression, and the right of peaceful assembly, stipulate that said freedoms may be subject only to such limitations as are " necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others." The Korean Constitution also expressly stipulates " guarantee of national security, maintenance of order and public welfare" as conditions for placing limitations on the exercise of basic rights. At the same time, it applies the principle of subjection to the law under which basic rights can be limited only by law. Furthermore, the Constitution explicitly stipulates that the intrinsic functions of freedoms and rights should not be violated, even in cases where basic rights are restricted.
In this context, the Commission determined that it was problematic for those school authorities to restrict students" basic rights by maintaining provisions limiting students" activities based on overly abstract and comprehensive rationales such as " basic functions" or " purpose of education." The Commission recommended that the scope of limitations be specified explicitly in school regulations or their sub-rules. As regards a provision on " prohibition of political activities" , the Commission found that the fact that a student engages in political activities inside or outside his school itself cannot be a legitimate rationale for limiting basic rights. Accordingly, it recommended that provisions setting forth heavy penalties including expulsion be repealed.
Universities against which the complaint was filed and the Ministry of Education and Human Resources Development argued that said provisions were necessary to maintain the neutrality of universities or maintain an academic atmosphere. However, the Commission found such argument groundless because the principle of neutrality of universities does not apply to students since it is meant to prevent teachers from forcing specific political or religious beliefs upon students.
