Examination Number: 4141400
Dissertation 2012
Title: ‘Human Rights Education in Scottish Primary Schools under the
Curriculum for Excellence: Compatible with the United Nations Declaration on
Human Rights Education and Training?’
(Research Ethics Level 1 Self-Audit attached)
Degree Programme: LLM in Legal Research
Word Count: 14,899
Exam Number: 4141400
1. INTRODUCTION
“When [teachers] teach about human rights, when they convey to their pupils the notion of
their rights, their dignity and their duties as citizens and human beings, then they are
complementing wonderfully the work that we have achieved at the highest level” – René
Cassin1
René Cassin was one of the principal drafters of the Universal Declaration of Human Rights
over 60 years ago, yet his words are as relevant today as ever. Their inspirational tone is
reflected in the preamble to that document, with its assertion that education must “promote
respect for these rights and freedoms”; though whether his rousing proclamation has been
translated into practice is less certain. What is undeniable is that the concept to which he
refers has been refined and developed to emerge as a human right in its own regard: the right
to Human Rights Education (“HRE”).
The development of HRE has been a somewhat cumbersome and haphazard process, perhaps
best demonstrated by the fact that the human rights landscape is littered with provisions
addressing HRE concepts, dating from the Charter of the United Nations in 1945,2 yet “HRE
did not become the subject of a concerted global campaign until the mid-1990s”. 3 This
relatively recent growth in the prominence of HRE and recognition of its importance, not just
as an element of the right to education, but also as a stand alone human right,4 is likely to be
the result of the recent promulgation of United Nations (“UN”) HRE initiatives encouraging
states to take stock of their legal obligations in this area.5
This quote comes from P Figueroa, ‘Citizenship Education for a Plural Society’ in A Osler (ed), Citizenship
and Democracy in Schools: Diversity, Identity, Equality (2000) at p 93.
2
Article 1, section 3.
3
S Cardenas, ‘Constructing Rights? Human Rights Education and the State’ (2005) 26(4) International Political
Science Review 363 at p 366; see also V B Georgi & M Seberich, ‘Introduction’ in V B Georgi & M Seberich
(eds), International Perspectives in Human Rights Education (2004) at p 13.
4
UNESCO, ‘Strategy on Human Rights’ (2006) at p 8, para 25; Human Rights Education Associates, ‘Response
to Preliminary Draft of the UN Declaration on Human Rights Education & Training’ (October 2009) at pp 1-2;
UN General Assembly, ‘United Nations Decade for Human Rights Education (1995-2004) and Public
Information Activities in the Field of Human Rights’ (1997) (A/52/469/Add.1) at p 7, para 16; K P Fritzsche,
‘What Human Rights Education is All About – 15 Theses’ in Georgi & Seberich (eds) (above n 3) at p 162;
Ministry of Justice et al, ‘Right Here, Right Now: Teaching Citizenship Through Human Rights’ (2009) at p 13;
D N Banks, ‘Promises to Keep: Results of the National Survey of Human Rights Education 2000’ (2002)
University of Minnesota Human Rights Resource Center; & N Flowers, ‘An Introduction to Human Rights
Education’, Human Rights Here and Now (available at:
http://www1.umn.edu/humanrts/edumat/hreduseries/hereandnow/Part-2/HRE-intro.htm).
5
Cardenas (above n 3) at p 363.
1
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The most recent development in the UN’s drive to further HRE is the General Assembly’s
adoption on 19 December 2011 of the declaration that forms the focus of this research: the
UN Declaration on Human Rights Education and Training (the “Declaration”).6 Its adoption
is representative of the increasing prominence of HRE at the international level, yet the right
remains one that is largely overlooked and under-researched academically within human
rights law.7 With the Declaration calling for state implementation of its provisions and for
the promotion of “universal respect and understanding thereof”,8 this is a pertinent time to
consider whether the HRE regime within formal primary education, under Scotland’s
recently implemented Curriculum for Excellence (“CfE”), conforms to its requirements. As
the Declaration reflects international HRE standards, gauging compliance with its provisions
gives an indication of the standard of HRE in Scotland more generally.
1.1. What Will This Research Do?
As space constraints limit the scope for consideration of Scotland’s compliance with each
obligation within the Declaration, conformity with perhaps its most fundamental provision,
the definition of HRE in Article 2(2), will provide the main focus. Whilst Article 1 mandates
that everyone “should have access to HRE”, 9 Article 2(2) details what the right to HRE
actually encompasses. If Scotland’s educational regime lacks conformity with this basic
formulation of HRE, compliance with other obligations within the Declaration is improbable.
Determining the compliance of the CfE with the HRE standards envisaged by Article 2(2)
requires more than simply library-based doctrinal study of the relevant legal instruments and
analysis of the curriculum and its accompanying policy guidance. Whilst the theoretical
compatibility of the CfE with Article 2(2) is an important consideration that is assessed in
detail within this study, empirical research to evaluate the practical teaching of HRE in
classrooms is also necessary. To assess only legislation, HRE policies and government
reporting on HRE 10 is to risk reaching erroneous and misleading conclusions, for whilst
6
Adopted without a vote by the 66th Session of the General Assembly.
O C Okafor & S C Agbawka, ‘Re-Imagining International Human Rights Education in Our Time: Beyond
Three Constitutive Orthodoxies (2001) 14 Leiden Journal of International Law 563 at p 565.
8
UN General Assembly, ‘United Nations Declaration on Human Rights Education and Training’ (2012)
(Resolution A/RES/66/137) at p 1 & Article 14.
9
Ibid, at Article 1(1).
10
Such as the Scottish Government, ‘National Report to the Office of the United Nations High Commissioner
for Human Rights Regarding Implementation of the First Phase of the United Nations World Programme for
Human Rights Education’ (2010); & UN Human Rights Council, ‘National Report Submitted in Accordance
7
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opportunities for HRE might exist within the CfE, teachers may not in fact incorporate the
subject into daily classroom teaching, or may do so for reasons external to the curriculum.
The empirical research for this study was undertaken by way of semi-structured interviews
with a sample of teachers to assess the level of, and impetus for, HRE activity in their
classrooms.
HRE compliance is thus measured on two tiers within this study: (i) assessment of the
theoretical compliance of the CfE itself with the standards envisaged by Article 2(2) of the
Declaration; and (ii) evaluation of schools’ compliance with Article 2(2), including
consideration of whether teachers feel compelled to teach HRE under the CfE.
If the
curriculum itself does not sufficiently reflect HRE elements, or if it does not compel teachers
to incorporate HRE into their teaching, the Scottish government is failing to comply with its
obligations under Article 2(2).
This research will then explore the reasons for any
deficiencies in the current HRE regime and suggest recommendations for improvements.
Finally, it must be noted that the present researcher also engaged in informal discussions with
a number of representatives from organisations involved in HRE in Scotland to better
understand the problems they face in increasing its profile within the education system.
These organisations are: UNICEF; Amnesty International (“Amnesty”); Scotland’s
Commissioner for Children and Young People (“SCCYP”); the Black and Ethnic Minority
Infrastructure in Scotland; the International Development Education Association of Scotland
(“IDEAS”); and ScotDEC Global Learning Centre (“ScotDEC”). Email exchanges also took
place with representatives from a Scottish local authority. Quotes will not be expressly
attributed to named individuals though they will be referenced where relevant.
2. WHAT IS HUMAN RIGHTS EDUCATION?
“Education provides one important way forward in turning a rhetorical commitment to
human rights into reality”11
with Paragraph 15(a) of the Annex to Human Rights Council Resolution 5/1: United Kingdom of Great Britain
and Northern Ireland’ (2008) (A/HRC/WG.6/1/GBR/1) at para 76 (NB there is no mention of HRE within the
most recent National Report submitted by the United Kingdom: UN Human Rights Council, ‘National Report
Submitted in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21: United
Kingdom of Great Britain and Northern Ireland’ (2012) (A/HRC/WG.6/13/GBR/1)).
11
C Carter & A Osler, ‘Human Rights, Identities and Conflict Management: A Study of School Culture through
Classroom Relationships’ (2000) 30(3) Cambridge Journal of Education 335 at p 337.
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Exam Number: 4141400
Despite broad consensus regarding the importance of HRE within formal education, not only
as a tool for enabling learners to understand their own rights and to respect the rights of
others, 12 but also as the most effective means for promoting and protecting human rights
generally, 13 HRE itself is something of an indefinable creature. It has been described by
Gerber, a leading legal scholar in the field, as “a slogan in search of a definition”.14
At its most basic level, HRE concerns “the provision and development of awareness about
fundamental rights, freedoms and responsibilities”, 15 though most would agree that this
formulation is too simplistic and neglects important additional elements. These elements
vary according to the nature of the organisation endeavouring to define HRE.16 For example,
the UN, as an international organisation committed to the maintenance of global peace and
security, stresses the role of HRE in “preventing conflict and human rights violations”, 17
whilst the activist organisation Amnesty views HRE as a tool for empowering people “to
stand up for their own rights and for the rights of their fellow citizens”.18
In the absence of an agreed detailed definition of HRE, it is for existing international human
rights instruments to fill the void. Gerber notes that whilst such instruments vary as to their
content and interpretation of HRE, they do nevertheless represent a core set of key HRE
provisions. 19 Interpretation of these provisions is therefore of particular relevance for
establishing the true meaning and required standards of HRE within Article 2(2) of the
Declaration, to which we now turn.
J Hepburn, ‘Human Rights…Apply To Us All’ in IDEAS, ‘Stride’ (Autumn/Winter 2008-09) at pp 8-9.
UNESCO and OHCHR, ‘Plan of Action: World Programme for Human Rights Education: First Phase’ (2006)
at pp 2 & 11, para 1; Okafor & Agbawka (above n 7) at p 564; A Osler & H Starkey, ‘Human Rights,
Responsibilities and School Self-Evaluation’ in Osler (ed) (above n 1) at p 98; & E Verhellen, ‘Facilitating
Children’s Rights in Education: Expectations and demands on teachers and parents’ in S Hart, C P Cohen, M F
Erickson & M Flekkøy (eds), Children’s Rights in Education (2001) at p 187.
14
P Gerber, From Convention to Classroom: The Long Road to Human Rights Education (2008), title of chapter
3; see also Cardenas (above n 3) at pp 365-366 & 375; N Flowers, ‘How to Define HRE? A Complex Answer to
a Simple Question’, in Georgi & Seberich (eds) (above n 3) at pp 105-107; & M Bajaj, ‘Human Rights
Education: Ideology, Location, and Approaches’ (2011) 33 Human Rights Quarterly 481 at p 482.
15
L Gearon, The Human Rights Handbook (2003) at p 157; see also T Jennings, ‘Human Rights Education
Standards for Teachers and Teacher Education’ (2006) 17 Teaching Education 287 at p 289.
16
Bajaj (above n 14) at pp 484-485.
17
United Nations Commission on Human Rights, ‘Follow-up to the United Nations Decade for Human Rights
Education’ (2004) (Resolution 2004/71), preamble.
18
F Murphy & B Ruane, ‘Amnesty International and Human Rights Education’ (2003) 9(4) Child Care in
Practice 302 at p 302.
19
Gerber (above n 14) at para 3.5; see also Bajaj (above n 14) at p 482.
12
13
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Exam Number: 4141400
3. UN DECLARATION ON HUMAN RIGHTS EDUCATION & TRAINING (2012)
The recently adopted Declaration is the result of extensive work carried out by the UN
Human Rights Council under its mandate to promote HRE, 20 and represents the first
instrument in which “international standards for HRE…[are] officially proclaimed by the
UN”. 21
Whilst the status of the Declaration as non-legally binding soft law is not the
strongest assertion of the importance of the rights it contains, its adoption is nevertheless
significant for a number of reasons. Three are particularly noteworthy.
Firstly, the very existence of a designated legal instrument at UN level will not only increase
the profile of HRE generally, but is also likely to “stimulate increased activity in this area,
and cloak those HRE activities with greater authority”. 22 Prior UN initiatives addressing
HRE, such as the World Programme for Human Rights Education (2005-ongoing) (the
“World Programme”) and the Decade for Human Rights Education (1995-2004) (the “UN
Decade”) were formulated as programmes over extensive time periods, accompanied by
plans of action, implementation strategies and other guidance documents. Complying with
their requirements therefore demanded significant and prolonged state interest.
The
Declaration, on the other hand, sets out clearly those state obligations that ought to be
immediately implemented.
Secondly, whilst UN declarations are non-legally binding on states, they nevertheless
proclaim “principles, ideals or standards generally accepted by the international
community”.23 For this reason, they are often superseded by binding Conventions addressing
the same issue, such as with the Declaration (1959) and Convention (1989) on the Rights of
See generally Human Rights Council, ‘United Nations Declaration on Human Rights Education and Training’
(2007) (Resolution 6/10); see also UN General Assembly, ‘Human Rights Council’ (2006) (Resolution
A/RES/60/251) at para 5(a).
21
UN Human Rights Council, ‘Joint Written Statement Submitted by CIVICUS – World Alliance for Citizen
Participation et al’ (2011) (A/HRC/16/NGO/116) at p 5, para 5; see also SGI Quarterly, ‘Human Rights
Education Today’ (2011) (available at: http://www.sgiquarterly.org/feature2011Oct-1.html).
22
P Gerber, ‘Education About Human Rights: Strengths and Weaknesses of the UN Declaration on Human
Rights Education and Training (2011) 36 Alternative Law Journal 245 at p 246; see also comment by Dr. Peter
Kirchschlaeger during Teachers Without Borders Webinar on ‘UN Declaration on Human Rights Education and
Training’ (8 February 2012).
23
D Hodgson, ‘The International Human Right to Education and Education Concerning Human Rights’(1996) 4
The International Journal of Children’s Rights 237 at p 246; see also Office of the United Nations High
Commissioner for Human Rights, ‘The United Nations Decade for Human Rights Education (1995-2004) No.3:
The Right to Human Rights Education: A Compilation of Provisions of International and Regional Instruments
dealing with Human Rights Education’ (1999) at p 2.
20
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Exam Number: 4141400
the Child.24 As Gerber suggests, “optimists might conclude that the Declaration…brings us
one step closer to a binding treaty regarding states’ obligations to provide HRE”.25
Finally, and perhaps most importantly for the purposes of this research, the Declaration not
only represents a codification of a number of HRE provisions found within existing
international human rights instruments, 26 but also expressly reaffirms in its preamble the
importance of those instruments with which states are duty-bound to comply, thus
emphasising “the legal obligations which Member States are already under”.27
For example, though the Universal Declaration of Human Rights (1948) (“UDHR”) is itself
advisory rather than legally binding, it carries significant moral weight for governments by
providing “a single set of fundamental principles and norms intended to inform the laws…of
all states”. 28
Additionally, its provisions have been codified within the International
Covenants on Economic, Social and Cultural Rights (1966) (“ICESCR”) and Civil and
Political Rights (1966), which both carry legally binding treaty status for their ratifying
parties. 29 The UDHR and the ICESCR each contain provisions addressing HRE and,
therefore, as noted by Starkey, HRE has the potential to “command a broad consensus”
owing to the fact that it “can be linked to international treaty obligations”.30
The Declaration thus represents a significant progression in the field and is indicative of
HRE’s growth and prominence on the international stage. It “surpasses existing documents
due to its specific HRE focus and holistic character”31 and so determining whether the HRE
regime under the CfE complies with the Declaration is an invaluable indication of the current
24
Hodgson (above n 23) at p 246; & comment by Dr. Peter Kirchschlaeger during Teachers Without Borders
Webinar (above n 22).
25
Gerber (above n 22) at p 246.
26
See e.g. comment by Dr. Peter Kirchschlaeger during Teachers Without Borders Webinar (above n 22).
27
UN Human Rights Council, ‘Report of the Advisory Committee on its Second Session’ (2009)
(A/HRC/AC/2/2) at para 10; see also Amnesty International, ‘Comment on the Preliminary Draft of the UN
Declaration on Human Rights Education & Training’ (November 2009) at p 1; & comment by Dr. Peter
Kirchschlaeger during Teachers Without Borders Webinar (above n 22).
28
H Starkey, ‘The Universal Declaration of Human Rights and Education for Cosmopolitan Citizenship’ in F
Waldron and B Ruane (eds), Human Rights Education: Reflections on Theory and Practice (2010) at p 33; see
also A Osler & H Starkey ‘Human Rights, Responsibilities and School Self-Evaluation’ in Osler (ed) (above n
1) at p 92.
29
Vienna Convention on the Law of Treaties (1969), Part III, Section 1.
30
H Starkey, ‘Development Education and Human Rights Education’ in A Osler (ed), Development Education:
Global Perspectives in the Curriculum (1994) at p 24.
31
Comment by Dr. Peter Kirchschlaeger during Teachers Without Borders Webinar (above n 22).
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state of HRE in Scotland.
As aforementioned, this compliance will be determined by
considering whether the CfE conforms to the basic formulation of HRE under Article 2(2).
3.1. What is the Standard of HRE required by Article 2(2)?
One of the main obstacles to the effective implementation of a global HRE regime has been
the absence of a clear definition of the term itself.32 The Declaration seeks to remedy this by
attempting such a definition in Article 2. Within this research the focus will be upon Article
2(2), which states (emphasis added):
“Human rights education and training encompasses education:
(a) About human rights, which includes providing knowledge and understanding of
human rights norms and principles, the values that underpin them and the
mechanisms for their protection;
(b) Through human rights, which includes learning and teaching in a way that
respects the rights of both educators and learners;
(c) For human rights, which includes empowering persons to enjoy and exercise
their rights and to respect and uphold the rights of others.”
Article 2(2) mandates education about, through and for human rights or, as paraphrased by a
leading HRE Non-Governmental Organisation (“NGO”), education concerning respectively
what one should learn about human rights, how they should learn it, and why it is
important.33 These elements are complementary and any single one in isolation would be
insufficient for compliance. Thus, learning only about human rights is inadequate, for “facts
and fundamentals, even the best selected ones, are not enough to build a culture of human
rights”.34 Equally, however, the building of such a culture by education through and for
human rights cannot occur in the absence of fundamental human rights knowledge.35 The
P Gerber, ‘Human Rights Education: A Slogan in Search of a Definition’ in S Joseph & A McBeth (eds),
Research Handbook on International Human Rights Law (2010) at pp 541-566; & UNESCO, ‘Contemporary
Issues in Human Rights’ (2011) at p 66.
33
Human Rights Education Associates, ‘UN General Assembly Adopts Declaration on Human Rights
Education and Training’ (2011) (available at: http://www.hrea.org/index.php?base_id=1197&language_id=1);
see also Bajaj (above n 14) at p 483.
34
Office of the UN High Commissioner for Human Rights, ‘ABC: Teaching Human Rights: Practical Activities
for Primary and Secondary Schools’ (2003) at p 20.
35
Jennings (above n 15) at p 291.
32
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combination of all three, therefore, represents the holistic approach to HRE that is often
expressly advocated within the relevant legislation and literature.36
As the Declaration is so recently adopted, there is a scarcity of literature on its interpretation.
Because it makes express reference to the importance of existing instruments, however,
analysis of their HRE provisions will aid construction of Article 2(2). In particular, the
instruments referred to both in its preamble and main body are indicative of those considered
by the drafters to reflect the “general consensus at the international level as to the content of
HRE”37 and thus correlate with the Declaration’s aims. It is submitted, therefore, that Article
2(2)’s definition is non-exhaustive,38 a suggestion supported by the use of the word ‘includes’
within each of its subsections, and existing HRE provisions are required to flesh it out.
Before turning to HRE in Scotland, the three elements of education about, through and for
human rights will be considered in turn to determine their meaning and required standards.
3.2. Article 2(2)(a): Education About Human Rights
On a purely literal reading of Article 2(2)(a)’s requirement to provide education about
‘human rights norms and principles, the values that underpin them and the mechanisms for
their protection’, it would seem reasonable to assume that imparting knowledge about “the
main categories of human rights, duties, obligations and responsibilities”, 39 “the main
international declarations and conventions” 40 and “the institutions established for their
implementation”41 would suffice for compliance. It is submitted, however, that these basic
formulations are too simplistic and rigid, and it is important to interpret Article 2(2)(a) by
gleaning additional elements from existing instruments.
See e.g. UNESCO and OHCHR (above n 13) at p 46; UN Committee on the Rights of the Child, ‘General
Comment No.1: Article 29(1): The Aims of Education’ (2001) (CRC/GC/2001/1) at para 12; & K P Fritzsche,
‘What Human Rights Education is All About – 15 Theses’ in Georgi & Seberich (eds) (above n 3) at p 162.
37
Gerber (above n 14) at p 89.
38
In support of this assertion, see Amnesty International (above n 27) at p 2; & Human Rights Education
Associates (above n 4) at p 1.
39
Council of Europe, ‘Recommendation on Teaching and Learning About Human Rights in Schools’ (1985)
(Recommendation R(85)7) at 3.1, (i).
40
Ibid, at 3.1, (iv); see also F Tibbitts, ‘Understanding What We Do: Emerging Models for Human Rights
Education’ (2002) 48 International Review of Education 159 at p 163.
41
UNESCO International Congress on the Teaching of Human Rights, ‘Principles of the International Congress
on the Teaching of Human Rights’ (1978) at para 3(ii).
36
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3.2.1. The Standards Required by Existing Instruments
3.2.1.1. The World Programme
The World Programme represented the most ambitious HRE initiative prior to the passing of
the Declaration and, though similarly non-legally binding, has nevertheless been labelled a
“world-wide educational policy” that places considerable pressure on governments to comply
with its provisions.42 Express reference to state implementation of the World Programme in
the preamble to the Declaration and additional reference to its importance for the
development of school curricula within Article 8, suggests that the Declaration’s standards of
HRE for formal education should not fall below those prescribed by the World Programme.
The World Programme provides a definition of HRE within formal education “based on
internationally agreed principles”.43 Part of this definition closely corresponds with the idea
of education about, through and for human rights but uses alternative terminology of
‘knowledge and skills; values, attitudes and behaviour; and action’. 44 The category of
‘knowledge and skills’ is deemed to include contextually relevant analysis of human rights
that takes into account the historical and social circumstances of the country at issue,45 and
consideration of “chronic and emerging human rights problems” with a view to better
understanding those solutions that are “consistent with human rights standards”.46
3.2.1.2. Other Instruments and Relevant Literature
Although the provision of basic human rights knowledge underpins nearly all of the
legislative provisions, most extend beyond an obligation to provide only factual knowledge
and instead prescribe deeper and contextually relevant understandings of human rights. For
example, the Vienna Declaration and Programme of Action (1993) (“Vienna Declaration”)
mandates HRE that addresses the concepts of “peace, democracy, development and social
V Lenhart and K Savolainen, ‘Human Rights Education as a Field of Practice and of Theoretical Reflection’
(2002) 48 International Review of Education 145 at p 145.
43
UNESCO and OHCHR (above n 13) at p 20, para 22.
44
UN General Assembly, ‘Draft Plan of Action for the First Phase (2005-2007) of the Proposed World
Programme for Human Rights Education’ (2004) (A/59/525) at para 4.
45
UNESCO and OHCHR (above n 13) at p 14, para 8(e); see also Jennings (above n 15) at p 293.
46
UNESCO and OHCHR (above n 13) at p 14, para 8(c).
42
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justice…with a view to strengthening universal commitment to human rights”,47 and the UN
Decade stressed the importance of instilling in learners “the broadest possible awareness and
understanding of all the norms, concepts and values” related to human rights.48 It is clear that
these requirements entail more than simply learning verbatim a selection of human rights
provisions.
Deeper understanding of human rights is also advocated strongly in the literature. For
example, Flowers provides a list of topics that ought to be included within education about
human rights, ranging from basic knowledge of human rights violations to an understanding
of how human rights can contribute to the peaceful resolution of conflicts.49 Lohrenscheit
considers comprehension of the inherent struggles and controversies underpinning the human
rights regime to be an integral component of HRE; 50 and Meintjes opines that education
about human rights should foster in learners an awareness of their role in the protection and
promotion of such rights.51 Both the UN Educational, Scientific and Cultural Organisation
(“UNESCO”) and the UN Office of the High Commissioner for Human Rights (“OHCHR”)
additionally call for HRE to explore the history of the human rights movement and its
influence upon local and national history, 52 and to consider the reasons for varied
understandings and interpretations of human rights internationally.53
UN General Assembly, ‘Vienna Declaration and Programme of Action’ (1993) (A/CONF.157/23) at Part II,
para 80; see also UN General Assembly (above n 8), preamble.
48
UN General Assembly, ‘Human Rights Questions, Including Alternative Approaches for Improving the
Effective Enjoyment of Human Rights and Fundamental Freedoms’ (1996) (A/51/506/Add.1), appendix at p 5,
part II, para 3 [emphasis added]; see also Council of Europe (above n 39) at para 3.3.
49
Flowers (above n 4); see also S Ramey, ‘Fighting for a Society That Respects Each Person’s Dignity’ (2012)
24(1) Peace Review: A Journal of Social Justice 54 at p 56.
50
C Lohrenscheit, ‘International Approaches in Human Rights Education’ (2002) 48 International Review of
Education 173 at p 176; see also UNESCO, ‘Malta Recommendation on Human Rights Teaching, Information
and Documentation’ (1987) at para 2.5; K P Fritzsche, ‘What Human Rights Education is All About – 15
Theses’ in Georgi & Seberich (eds) (above n 3) at pp 165-166; & Amnesty International, ‘Our World, Our
Rights: Learning About Human Rights in Primary and Middle Schools’ (2010) at p 7.
51
G Meintjes, ‘Human Rights Education as Empowerment’ in G J Andreopoulos & R P Claude (eds), Human
Rights Education for the 21st Century (1997) at p 78.
52
UNESCO, ‘Integrated Framework of Action on Education for Peace, Human Rights and Democracy’ (1995)
para 17; & OHCHR (above n 34) at pp 17-19; see also Amnesty International (above n 27) at p 2; Tibbitts
(above n 40) at p 163; & U Baxi, ‘Human Rights Education: The Promise of the Third Millennium?’ (available
at: http://www.pdhre.org/dialogue/third_millenium.html).
53
UNESCO (above n 50) at p 51.
47
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3.2.2. The Standard Required by Article 2(2)(a)
It cannot be overstated that a basic understanding of human rights, their governing legal
instruments, and their protection mechanisms provide the foundation upon which additional
elements of HRE must be built, for “in order to be able to defend one’s rights, it is necessary
to first understand what these rights are”.54 Similarly, it is only through the acquiring of such
knowledge that governments, legal instruments and human rights organisations can be
questioned and critiqued. 55 Education about human rights is therefore of fundamental
importance not only as an enabling tool for facilitating education through and for human
rights, but also for guaranteeing the promotion and protection of human rights more widely.
As emphasised by the relevant legal instruments and literature, however, education about
human rights cannot consist simply of rote learning of factual human rights information,56 but
must instead place such knowledge within a culturally and contextually relevant setting.57
Relating HRE “to the ‘deep knowledge’ of personal reality as well as the ‘hard knowledge’ of
factual content”58 is fundamental for ensuring that learners view HRE not as “the discrete,
theoretical concepts of some abstraction known as “human rights”, but as the integral aspects
of their lives”.59
UNESCO (above n 32) at p 52; see also K Hopkins, ‘Amnesty International’s Methods of Engaging Youth in
Human Rights Education: Curriculum in the United States and Experiential Learnin in Burkina Faso’ (2011) 3
Journal of Human Rights Practice 71 at p 76; & Human Rights Resource Centre, ‘The Human Rights Resource
Centre: Effective Practices for Learning, Action, and Change’ (2000) at part I, Section D.
55
K P Fritzsche, ‘What Human Rights Education is All About – 15 Theses’ in Georgi & Seberich (eds) (above n
3) at p 164; & Lawyers’ Rights Watch Canada, ‘The Right to Know Our Rights: International Law Obligations
to Ensure International Human Rights Education and Training’ (2012) at p 7.
56
Amnesty International (above n 50) at p 7; & L Krappmann, ‘The Rights of the Child as a Challenge to
Human Rights Education’ in K P Fritzsche, ‘International Perspectives on Human rights education’ (2006)
Journal of Social Science Education (available at: http://www.jsse.org/2006/2006-1/fritzsche-tibbitts-intro.htm).
57
UN Committee on the Rights of the Child (above n 36) at para 15; UN General Assembly, ‘Final Evaluation
of the Implementation of the First Phase of the World Programme for Human Rights Education’ (2010)
(A/65/322) at para 3; K P Fritzsche, ‘What Human Rights Education is All About – 15 Theses’ in Georgi &
Seberich (eds) (above n 3) at p 163; A L Pauchulo, ‘Encountering Breakdowns in Human Rights Education’
(2012) 24(1) Peace Review: A Journal of Social Justice 14 at p 17; & A Osler & H Starkey, ‘Fundamental
Issues in Teacher Education for Human Rights: A European Perspective’ (1994) 23 Journal of Moral Education
349 at p 358.
58
Human Rights Resource Centre (above n 54), Part III, Section A.
59
A Stone, ‘Human Rights Education and Public Policy in the United States: Mapping the Road Ahead’ (2002)
24 Human Rights Quarterly 537 at p 540; see also Baxi (above n 52); UNESCO and OHCHR (above n 13) at p
14, para 8(i); OHCHR (above n 34) at p 101; & UNESCO (above n 4) at p 8, para 26.
54
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3.3. Article 2(2)(b): Education Through Human Rights
The objective of education through human rights is the creation of a learning environment in
which learning and teaching “respects the rights of both educators and learners”60 and where
human rights values such as justice and equality are infused throughout, including within
decision making processes and disciplinary procedures.61 This is often referred to as a ‘rights
respecting’ classroom and, despite the suggestion that “effectively little attention has been
given to ensuring that children are guaranteed respect in schools”,62 the concept of education
through human rights has been considered in detail in both the existing international
instruments and the relevant academic literature.
3.3.1. The Standard Required by Existing Instruments
3.3.1.1. The World Programme
The idea of education through human rights is expressed more broadly in the World
Programme than within the Declaration; the latter framing the concept with a narrow focus
on the learning and teaching relationship, and the former including all facets of school life by
emphasising a general requirement for “developing values and reinforcing attitudes and
behaviour which uphold human rights”.63 The World Programme further instructs that HRE
should inter alia:64 enable learners to express themselves and their opinions freely; foster
equal opportunities; and contribute to a learning environment “characterized by mutual
understanding, respect and responsibility”.65
This already broad World Programme formulation is supplemented with an additional
definition of HRE that complements the ‘knowledge, values and action’ framework,66 and a
60
UN General Assembly (above n 8), Article 2(2)(b); see also UN General Assembly (above n 57) at para 42.
UN Committee on the Rights of the Child (above n 36) at para 2; OHCHR (above n 34) at p 23; & Amnesty
International (above n 50) at p 7.
62
E Verhellen, ‘Children’s Rights and Education’ in A Osler (ed), Citizenship and Democracy in Schools:
Diversity, Identity, Equality (2000) at p 40; see also G Lansdown, ‘Progress in Implementing the Rights in the
Convention: Factors helping and hindering the process’ in Hart, Cohen, Erickson & Flekkøy (eds) (above n 13)
at pp 52-53.
63
UN General Assembly (above 44) at para 4(b); see also E Verhellen, ‘Facilitating Children’s Rights in
Education: Expectations and Demands on Teachers and Parents’ (1999) 29(2) Prospects 224 at p 229.
64
See UNESCO and OHCHR (above n 13) at pp 3 & 45
65
Ibid, at pp 3-4 & 43-44.
66
UN General Assembly (above 44) at para 3.
61
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number of elements of this wider definition relevant to education through human rights are
reflected elsewhere within the Declaration. The ‘promotion of tolerance and equality’, for
example, is found in Article 4, and the need for HRE that contributes to the “full
development of the human personality and the sense of its dignity” is reiterated in the
Declaration’s preamble.67 The latter requirement echoes the language of the HRE provisions
in both the ICESCR68 and the UDHR,69 and has been interpreted in this context as referring
to “forming and expressing identity, such as the right to culture,…religious freedom, racial
and ethnic rights, gender rights…[and] freedom of expression, association and assembly”.70
3.3.2. Relevant Literature
The literature also reiterates the significance of the development of human personality and
dignity within education through human rights.
For example, Ramey emphasises that
“education’s very purpose is to assist students in developing their whole person”, 71 and
Banks suggests that for human rights to contribute effectively to the development of the
personalities of young people, they must experience respect for their rights in an educational
setting.72 HRE must, therefore, be delivered within a human rights framework that upholds
the principles of “non-discrimination, inclusion and accountability”, 73 and the rights
themselves must be taught as “universal and indivisible standards belonging to all people”.74
3.3.3. The Standard Required by Article 2(2)(b)
Taking into account the existing legislation and literature, it is submitted that education
through human rights denotes the creation of a rights respecting learning environment
imbued with human rights values, and in which the full personality and dignity of each
67
UN General Assembly (above n 8) at p 2; see also UNESCO and OHCHR (above n 13) at pp 2 & 12, para
3(b).
68
ICESCR, Article 13(1).
69
UDHR, Article 26(2); see also Vienna Declaration and Programme of Action (above n 47) at Part II, para 79.
70
Ramey (above n 49) at p 56; see also OHCHR (above n 34) at pp 9 & 101; & Andreopoulos & Claude, ‘Part
I: Editor’s Introduction’ in Andreopoulos & Claude (eds) (above n 51) at p 3.
71
Ramey (above n 49) at p 54, & see also p 57.
72
J A Banks, ‘Human Rights, Diversity and Citizenship Education’ in Waldron and Ruane (eds) (above n 28) at
at p 44; see also Stone (above n 59) at p 539; Equitas – International Centre for Human Rights Education,
‘Response to Preliminary Draft of the UN Declaration on Human Rights Education & Training’ (October 2009),
at p 3; & Oxfam, ‘Global Citizenship Guides: Getting Started with Global Citizenship: A Guide for New
Teachers’ (2008) at p 5.
73
Human Rights Education Associates (above n 4) at p 2.
74
UNESCO and OHCHR (above n 13) at p 14, para 8(a); see also Gerber (above n 14) at para 3.5; UN General
Assembly (above n 4) at p 7, para 16(b); & Ramey (above n 49) at p 55.
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learner is developed.
In such a classroom freedoms including expression, opinion and
religion are fostered, discipline is administered in a manner respectful of children’s dignity
and the rights of everyone in the learning environment are respected, irrespective of their
“racial, ethnic, religious, cultural and linguistic backgrounds”.75
3.4. Article 2(2)(c): Education For Human Rights
Education for human rights is concerned with fostering awareness of the ways “by which
human rights can be translated into social and political reality”.76 The Declaration phrases
this as ‘empowering persons to enjoy and exercise their rights and to respect and uphold the
rights of others’, which correlates with general understandings of education for human rights
as contributing to the building of a universal culture of human rights.77
Whilst such ideas might seem excessively idealistic and beyond the scope of teaching at
primary school level, 78 important fundamental elements of the empowerment concept are
embedded within HRE and therefore form a central feature of many existing HRE provisions.
3.4.1. The Standards Required by Existing Instruments
3.4.1.1. UN Convention on the Rights of the Child
Perhaps of the greatest significance from a legal perspective regarding education for human
rights is the UN Convention on the Rights of the Child (1989) (the “CRC”). The CRC is
arguably the most important legally binding human rights instrument addressing HRE within
Gerber (above n 14) at para 3.5; see also UNESCO and OHCHR (above n 13) at p 4; G Lansdown, ‘Progress
in Implementing the Rights in the Convention: Factors helping and hindering the process’ in Hart, Cohen,
Erickson & Flekkøy (eds) (above 13) at p 50; & N Flowers & D A Shiman, ‘Teacher Education and the Human
Rights Vision’ in Andreopoulos & Claude (eds) (above n 51) at p 164.
76
UNESCO International Congress on the Teaching of Human Rights (above n 41) at para 3(iii); see also
Ramey (above n 49) at p 58; & G Meintjes, ‘Human Rights Education as Empowerment’ in Andreopoulos &
Claude (eds) (above n 51) at p 67.
77
Human Rights Education Associates, ‘Exploring Facilitators’ Beliefs about Human Rights Education:
Evidence of Universal and Local Influences’, Research in Human Rights Education Papers (2010) at p 26;
Lohrenscheit (above n 50) at p 177; OHCHR (above n 34), foreword; & UNICEF & UNESCO, ‘A Human
Rights-Based Approach to Education’ (2007) at p 12.
78
Tibbitts (above n 40) at p 164; & C P Henry, ‘Educating for Human Rights’ (1991) 13 Human Rights
Quarterly 420 at p 420.
75
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formal education, and is frequently cited as making the greatest contribution to the
“democratization of education and to the empowerment of all who engage with it”.79
It is interesting to note, therefore, that the Declaration does not explicitly reaffirm the CRC in
its preamble, despite the fact that the footnotes of its earliest drafts did so.80 It would seem
inconceivable, however, that the CRC does not represent one of the “other human rights
instruments” with which states are duty-bound to comply and to which the Declaration’s
preamble expressly refers. Indeed, the term “other human rights instruments” echoes the
language within the earlier drafts that was footnoted with the relevant reference to the CRC.
As the most widely ratified human rights instrument, and with its designation of “education
in human rights the right of every individual,”81 it can only be assumed that the the CRC,
along with a number of other important existing HRE provisions,82 was omitted from the
Declaration on the grounds of brevity.
Article 29 of the CRC deals specifically with HRE, and Article 29(d) addresses education for
human rights. Whilst this provision expresses the concept in the terminology of responsible
life in a free society rather than empowerment and activism, the importance of active
participation is outlined elsewhere in the CRC. Article 12, for example, guarantees children a
voice in matters that affect them 83 and decrees that their views must be given due
consideration and be acted upon if appropriate to do so.84 When taken together, Articles 29
and 12 emphasise the importance of active and democratic participation in education, and are
indicative of the central role that such concepts ought to take in education for human rights.
F Waldron, ‘Introduction: Human Rights Education’ in Waldron and Ruane (eds) (above n 28) at p 12.
Human Rights Council Advisory Committee, ‘Preliminary Draft of the United Nations Declaration on Human
Rights Education and Training’ (2009) (Annex 2 of A/HRC/AC/3/CRP/.4/Corr.1) at para 3, footnote 2.
81
Carter & Osler (above n 11) at p 338.
82
Including inter alia the Convention on the Elimination of All Forms of Discrimination Against Women
(1979), Article 10; & the International Convention on the Elimination of All Forms of Racial Discrimination
(1965), Article 7.
83
A Prunty, ‘Implementing Children’s Rights: Considering the Views of Children in the Individual Education
Plan (IEP Process)’ in Waldron and Ruane (eds) (above n 28) at p 88; M Freeman, ‘The Sociology of Childhood
and Children’s Rights’ (1998) 6(4) The International Journal of Children’s Rights 433 at pp 434-435; & Carter
& Osler (above n 11) at p 336.
84
L Lundy, ‘Voice is Not Enough: Conceptualising Article 12 of the United Nations Convention on the Rights
of the Child’ (2007) 33(6) British Educational Research Journal 927.
79
80
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3.4.1.2. Other Instruments and Relevant Literature
The idea of education for human rights has a more activist tone within the World Programme
than in the Declaration, encouraging learners to take action “to defend and promote human
rights”,85 rather than simply to “enjoy and exercise their rights”.86 The World Programme
additionally provides a definition of education for human rights that is tailored specifically to
formal education and directs learners to organise “their own activities for representing,
mediating and advocating their interests” and to participate in decision-making.87
All such exercises of education for human rights must be informed by experience, and
encourage children to translate human rights knowledge into practice.88 They must learn to
examine real life events, such as bullying or stereotyping, “through a ‘human rights lens’”,89
and the World Programme,90 Vienna Declaration91 and Amnesty International92 all recognise
that for this to happen, learners must first acquire the skills required to “promote, defend and
apply” human rights. 93 Such skills include inter alia conflict resolution, co-operation,
empathy, critical reflection, activism, and the ability to analyse situations in moral terms.94
3.4.2. The Standards Required by Article 2(2)(c)
In accordance with the relevant legislation and literature, education for human rights must not
only provide learners with “the skills necessary for the promotion and protection of human
85
UN General Assembly (above n 44) at para 4(c).
UN General Assembly (above n 8), Article 2(2)(c).
87
UNESCO & OHCHR (above n 13) at p 45, para 15(c).
88
Ibid, at p 46; see also Equitas (above n 72) at p 3; G Meintjes, ‘Human Rights Education as Empowerment’ in
Andreopoulos & Claude (eds) (above n 51) at pp 72 & 77; & Jennings (above n 15) at p 292.
89
N Flowers & D A Shiman, ‘Teacher Education and the Human Rights Vision’ in Andreopoulos & Claude
(eds) (above 51) at p 170.
90
UN General Assembly (above 44) at para 4(a); & UNESCO and OHCHR (above n 13) at p 1; see also UN
General Assembly (above n 57) at para 49.
91
UN General Assembly, United Nations World Conference on Human Rights, ‘Vienna Declaration and
Programme of Action’ (1993) (A/CONF.157/23) at Part I, para 33; see also G Alfredsson, ‘The Right to Human
Rights Education’ in A Eide, C Krause and A Rosas (eds), Economic, Social and Cultural Rights (2nd edition,
2001) at para 3.3.
92
Amnesty International (above n 50) at p 7.
93
UNESCO and OHCHR (above n 13) at p 1; see also UN Committee on the Rights of the Child (above n 36) at
para 2; Amnesty International (above n 27) at p 2; F Tibbitts, ‘Human Rights Education’ in Bajaj (ed) (above n
14): reference taken from chapter extract available at: http://www.hrea.org/index.php?base_id=108 at p 3;
Hopkins (above n 54) at p 77; & Ramey (above n 49) at p 59.
94
Ramey (above n 49) at p 58; F Waldron et al, ‘Teacher, Human Rights and Human Rights Education:
Knowledge, Perspectives and Practices of Primary School Teachers in Ireland’, Dublin: The Centre for Human
Rights and Citizenship Education (2011) at p 15; Amnesty International (above 50) at p 7; Tibbitts (above n 40)
at p 163; Flowers (above n 4); & Jennings (above n 15) at p 290.
86
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rights…through active and participative learning”,95 but must also empower learners to enjoy
and exercise their rights and to defend the rights of others. Within formal education, learners
must be able to exercise “genuinely empowering”96 active participation in the classroom and
wider school setting, as children are “quick to identify contradictions when they are taught
that democracy is a good thing yet it is not applied in the community of the school”. 97 They
must also, however, learn to translate these skills in active participation and empowerment
into activities that further the promotion and defence of human rights more generally.
3.5. The Standards Required by Article 2(2)
Interpretation of the HRE provisions within existing international instruments has served to
flesh out the bare bones of the holistic definition of HRE provided by Article 2(2) of the
Declaration. Thus, the logical question following determination of Article 2(2)’s standards is
whether HRE under the CfE complies with these standards of education about, through and
for human rights. As aforementioned, to accurately answer that question requires assessment
of both the theoretical and practical aspects of HRE in Scotland under the CfE. Theoretical
compliance of the CfE with Article 2(2) of the Declaration will be considered first.
4. HUMAN RIGHTS IN THEORY IN SCOTLAND
4.1. HRE Obligations and Educational Curricula
Clear, coherent and comprehensive educational policies can be seen as the bedrock of
successful HRE regimes in schools. As reiterated by the World Programme, educational
curricula that expressly incorporate HRE serve to “avoid a gap between policy and practice,
rhetoric and reality, as well as situations where practices are happening, if at all, in a
dispersed or inconsistent way, or on an ad hoc or voluntary basis”.98
95
Amnesty International (above n 50) at p 8.
International Development Education Association of Scotland, ‘Resources for Scottish Education: Essential
Materials for All Ages Supporting Global Citizenship’(2008) at p 36.
97
A Osler, ‘Looking to the Future: Democracy, Diversity and Citizenship Education’ in A Osler, Teachers,
Human Rights and Diversity (2005) at p 19; see also OHCHR (above n 34) at pp 22-23; & T McCowan,
‘Human Rights Within Education: Assessing the Justifications’ (2012) 42(1) Cambridge Journal of Education
67 at p 74.
98
UNESCO and OHCHR (above n 13) at p 41.
96
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Reference to inclusion of HRE within school curricula is made twice within the Declaration,
once within the preamble and again as an example of an appropriate forum for introducing
HRE in Article 8.99 The requirement for curricula to reflect HRE principles is also provided
within the existing legal instruments.100 For example, the World Programme advises that
states should include in their national curricula “human rights values, knowledge and
attitudes as basic skills and competencies, complementing literacy and numeracy”.101
Incorporation of HRE into educational curricula demands more than simply adding an hour
of instruction on the topic each week, or including a designated themed week once a year.102
The Declaration, with its instruction for education about, through and for human rights,
denotes “a larger and more significant change in formal…education practices”.103 Does the
CfE, then, provide appropriate scope and guidance for such a holistic approach to HRE?
4.2. HRE in the Curriculum for Excellence
The CfE is the Scottish national curriculum for learners aged between 3 and 18, and was
introduced into primary schools in 2009. 104
Though it is not a prescribed national
curriculum, “schools are expected to follow national guidelines”105 and design their teaching
to conform to the government drafted Experiences and Outcomes (“E&Os”). The E&Os are
broad and aim to foster the development of pupils in four capacities: as successful learners,
confident individuals, effective contributors and responsible citizens. As drafted, therefore,
99
In the preamble, the reference is found within the paragraph reaffirming the Vienna Declaration and
Programme of Action (above n 47).
100
For example, UN General Assembly, Vienna Declaration and Programme of Action (above n 47) at para 79;
& UN Committee on the Rights of the Child, ‘General Comment No.5: General Measures of Implementation of
the Convention on the Rights of the Child’ (2003) (CRC/GC/2003/5) at paras 53 & 68; see also the relevant
literature, including Amnesty International (above n 27) at p 5; UNICEF & UNESCO (above n 77) at p 33; & K
Covell & R B Howe, Empowering Children: Children’s Rights Education as a Pathway to Citizenship (2005) at
p 12.
101
UNESCO and OHCHR (above n 13) at p 39, para (e)(ii).
102
Jennings (above n 15) at p 290.
103
Black and Ethnic Minority Infrastructure in Scotland, ‘Human Rights Education: Theory and Practices’
(2011) at p 7; see also G Lansdown, ‘Progress in Implementing the Rights in the Convention: Factors helping
and hindering the process’ in Hart, Cohen, Erickson & Flekkøy (eds) (above n 13) at p 55; & N Flowers,
‘Preparation for a Responsible Life’ (2011) SGI Quarterly (available at:
http://www.sgiquarterly.org/feature2011Oct-3.html).
104
It was introduced in secondary schools in August 2010.
105
Scottish Government (above n 10) at p 5.
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the CfE is designed to be flexible, with “a strong focus on outcomes”,106 and provide teachers
with greater autonomy than the preceding 5-14 National Curriculum.107
It is important to note at the outset that the Scottish Government acknowledges that the laws,
policies and policy objectives within the education system do not make explicit reference to
HRE108 and, in contravention of the World Programme’s express instruction,109 there are no
plans to implement such references. 110 The Government does, however, consider that
‘human rights’ and ‘a rights-based approach to education’ do feature in the CfE,111 and it is
important to determine whether these curriculum concepts in fact correspond to education
about, through and for human rights as required by Article 2(2) of the Declaration.
Whilst not taught as a discrete subject, and notwithstanding the denial by the government of
its explicit presence within the curriculum, elements of HRE are arguably present across the
three CfE teaching areas of (i) interdisciplinary learning; (ii) freestanding subjects; and (iii)
themes across learning. Each will be considered in turn.
4.3. HRE Within Specific Subject Areas
The CfE is divided into two categories of subject areas: interdisciplinary subjects are the
responsibility of all teachers, and comprise Literacy, Numeracy and Health and Wellbeing
(“H&W”), whereas freestanding subjects are the responsibility solely of teachers educating in
that particular area.
Primary teachers are generally responsible for educating across
freestanding subject areas, with the exception of those requiring special skills and training,
such as the physical education elements of H&W.
4.3.1. Interdisciplinary Subjects
Though HRE does not feature in the interdisciplinary subjects of Literacy or Numeracy, its
presence within H&W is noteworthy. Whilst there is no express requirement to educate about
human rights, a few of its E&Os reflect key ideas in education through and for human rights
106
Ibid, at p 8.
Ibid, at p 11.
108
Ibid, at p 5.
109
UN General Assembly (above n 57) at para 18.
110
Scottish Government (above n 10) at p 6.
111
Ibid, at p 5.
107
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under Article 2(2). For example, learners are instructed to exercise their rights responsibly
and respect the rights of others in accordance with education through human rights;112 and
teachers are instructed to ensure that learners’ views are taken into account and that they
learn to contribute to and participate in society as per education for human rights.113
4.3.2. Freestanding Subjects
Whilst HRE values and principles are alluded to in a number of freestanding subject areas,
such as references to deepening understandings of the wider world in the Expressive Arts 114
and developing a global dimension to active citizenship within Modern Languages,115 they
are not generally couched in the express terminology of human rights. The E&Os in Social
Studies do make explicit reference to ‘rights and responsibilities’, though this relates
predominantly to understanding the features of a democracy and to the rights and
responsibilities specifically affecting Scottish citizens. 116 Consideration of international
human rights instruments is, therefore, unlikely to feature in this subject area.
Numerous references are made within Religious and Moral Education (“RME”) to ideas
consistent with education through human rights, such as developing respect for others,117 and
counteracting prejudice and intolerance.118 Perhaps of the greatest significance, however, is
RME’s express reference to ‘human rights’, the only one within any freestanding curriculum
subject, in an E&O requiring learners to develop views about values such as fairness, equality
and human rights.119 Whilst this explicit reference is positive, and could conceivably address
elements of education about, through and for human rights, it is unfortunate that it is not
accompanied by express instructions for learners to better understand the contextual setting
of human rights and to learn about their relevant instruments and protection mechanisms.
112
Scottish Government, HM Inspectorate of Education, Scottish Qualifications Authority and Learning and
Teaching Scotland, ‘Curriculum for Excellence Guidance Folder’ (2009), Health and Wellbeing
Interdisciplinary E&Os in Social Wellbeing section, p 3 at HWB 2-09a.
113
Ibid, at pp 2 & 4-5 of Health & Wellbeing Interdisciplinary tab; & Health and Wellbeing Interdisciplinary
E&Os in Social Wellbeing section, p 3 at HWB 2-12a. These elements of education for human rights are
additionally provided by national legislation through the Standards in Scotland’s Schools etc. Act 2000, s2(2).
114
Scottish Government (above n 112), Expressive Arts E&Os at p 1.
115
Ibid, Modern Languages tab at p 7.
116
Ibid, Social Studies E&Os in People, Society, Economy & Business section, p 13 at SOC 2-17a.
117
Ibid, Religious and Moral Education E&Os at p 1.
118
Ibid, Religious and Moral Education tab at p 1.
119
Ibid, Religious and Moral Education E&Os in Values and Issues section, p 6 at RME 2-05b.
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4.4. HRE Within Themes Across Learning
Global Citizenship represents, along with Enterprise Education, one of the ‘themes across
learning’ within the CfE. As a ‘theme across learning’, it must not consist of a simple add-on
to any curriculum area but instead should provide a context in which to deliver all of the
E&Os.120 By embedding the ‘themes across learning’ throughout all curriculum areas, the
government believes that learners will acquire the “knowledge, skills, values and attitudes”121
necessary for full and active participation in society.
It is of considerable significance, therefore, that the clearest presence of HRE in the CfE is
within Global Citizenship.
Reference is made in the curriculum guidance to learners
developing an understanding of “equality and human rights issues”, 122 and this idea is
continued and developed in Global Citizenship’s subsidiary strands.
Education for
Citizenship, for example, addresses issues including “human rights,…social equality and
appreciation of diversity”, 123 and International Education prepares learners for “active
participation in a global, multi-cultural society”.124
Whilst there is clearly scope for education about, through and for human rights to permeate
the CfE under this ‘theme across learning’, there are nevertheless difficulties associated with
incorporating HRE into curricula predominantly through Global Citizenship.
The most
rudimentary objection is that Global Citizenship and HRE are in fact fundamentally distinct
concepts, and whilst they do share common characteristics, such as active participation and
the promotion of tolerance,125 at their most basic levels they can differ markedly.126
Learning and Teaching Scotland, ‘Developing Global Citizens Within Curriculum for Excellence’ (2011) at
pp 5 & 20; see also Oxfam (above n 72) at p 2.
121
Learning and Teaching Scotland (above n 120) at p 8.
122
Ibid, at p 14.
123
‘Education for Citizenship’, Education Scotland website (available at
http://www.educationscotland.gov.uk/learningteachingandassessment/learningacrossthecurriculum/themesacros
slearning/globalcitizenship/about/educationforcitizenship/index.asp)
124
Learning and Teaching Scotland (above n 120) at p 11.
125
Council of Europe, ‘Charter on Education for Democratic Citizenship and Human Rights Education’ (2010)
(Recommendation CM/Rec(2010)7) at p 8.
126
B Bowring, ‘Human Rights and Public Education’ (2012) 42(1) Cambridge Journal of Education 53 at p 56;
& D Kiwan, ‘Human Rights and Citizenship: an Unjustifiable Conflation?’ (2005) 39(1) Journal of Philosophy
of Education 37 at pp 47-48.
120
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Global Citizenship is deemed to provide learners with the ability to formulate and express
their opinions on complex global issues,127 and to foster understanding of and attachment to
the wider community. 128 Even within this global context, however, focus often remains
predominantly on the idea of inclusive citizenship, reinforcing the concept of “nationalism”
rather than “humanism”.129 HRE, on the other hand, has a broad and aspirational focus on
knowledge, promotion, defence and application of human rights values and principles, 130 and
should empower learners to recognise and stand up for universal human rights by holding
governments to account for insufficiencies in their human rights regimes.131
Given these fundamental differences, therefore, addressing HRE through Global Citizenship
requires a delicate balance between the citizenship and HRE elements.132 HRE ideas must
permeate the teaching of Global Citizenship, and provide the opportunity for learners to
explore the rights and responsibilities of all citizens under international human rights law.133
Schools cannot focus simply upon rights and responsibilities between individuals and neglect
consideration of the human rights obligations upon states themselves.134 Nor can they rely
upon the Global Citizenship mandate to “engage with distant places and different cultures”135
as justification for teaching in a way that propagates an inappropriate ‘them’ and ‘us’ belief
Oxfam, ‘Oxfam in Scotland Manifesto 2007’ (2007).
Oxfam (above n 72) at p 4; & J A Banks, ‘Human Rights, Diversity and Citizenship Education’ in Waldron
and Ruane (eds) (above n 28) at p 55.
129
Stone (above n 59) at p 541; see also J A Banks, ‘Human Rights, Diversity and Citizenship Education’ at p
59, & H Starkey, ‘The Universal Declaration of Human Rights and Education for Cosmopolitan Citizenship’ at
p 39 in Waldron and Ruane (eds) (above n 28); Waldron et al (above n 94) at p 17; Kiwan (above n 126) at pp
37 & 47-48; G Pike, ‘Reconstructing the Legend: Educating for Global Citizenship’ in A A Abdi & L Shultz
(eds), Educating for Human Rights and Global Citizenship (2008) at pp 225-227; & see generally R Hung,
‘Being Human or Being a Citizen? Rethinking Human Rights and Citizenship Education in the light of
Agamben and Merleau-Ponty’ (2012) 42(1) Cambridge Journal of Education 37; but cf. H Starkey, ‘Human
Rights, Cosmopolitanism and Utopias: Implications for Citizenship Education’ (2012) 42(1) Cambridge Journal
of Education 21 at p 25; & N Dower, ‘Are We All Global Citizens?’ in Abdi & Shultz (eds) at pp 41 & 49.
130
UNESCO (above n 32) at p 43.
131
A Osler & H Starkey, Teachers & Human Rights Education (2010) at p 16; & Lawyers’ Rights Watch
Canada (above n 55) at p 7.
132
Kiwan (above n 126) at p 46.
133
Stone (above n 59) at p 541.
134
Osler & Starkey (above n 131) at pp 17 & 126-127.
135
Oxfam (above n 72) at p 17.
127
128
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that Western societies have rights and non-Western societies do not.136 The HRE aspects
must emphasise the universality and indivisibility of international human rights. 137
The second problem with incorporating HRE principally through Global Citizenship relates
to the fundamental nature of the ‘themes across learning’ themselves. Many of the potent
ideas within the Global Citizenship guidance, such as that learners should be “committed to
human rights”,138 are not translated explicitly into the E&Os of the subject areas that Global
Citizenship is deemed to permeate. The success of HRE is therefore ultimately dependent on
teachers’ willingness and competence when incorporating education about, through and for
human rights into their everyday teaching. Whether teachers are doing this, or whether HRE
is in fact “everywhere and nowhere”,139 will be considered in the empirical research section
below.140
4.5. Education About, Through and For Human Rights Within the CfE
“HRE is not mentioned explicitly in the CfE. It’s there, but it’s not explicit enough for people
to see”141
It is submitted that the CfE has yet to achieve a standard of HRE that complies with Article
2(2). Despite the fact that elements of HRE are present within the interdisciplinary topic of
H&W, in freestanding subjects such as RME, and under the Global Citizenship ‘theme across
learning’, they are nevertheless sparse and lack the detail and guidance likely to encourage
teachers to embrace HRE. In other words, though the CfE does provide scope for the holistic
approach mandated by Article 2(2), teachers are not expressly or systematically directed to
educate about, through and for human rights within the relevant curriculum areas.
136
Information obtained through informal discussion between the present researcher and a representative from
BEMIS on 22 May 2012; see also P Alderson, ‘Human Rights and Democracy in Schools: Do They Mean More
Than Simply “Picking Up Litter and Not Killing Whales”?’ (1999) 7 The International Journal of Children’s
Rights 185 at p 196; & N Flowers & D A Shiman, ‘Teacher Education and the Human Rights Vision’ in
Andreopoulos & Claude (eds) (above n 51) at p 169.
137
See e.g. L Krappmann, ‘The Rights of the Child as a Challenge to Human Rights Education’ in Fritzsche
(above n 56).
138
Learning and Teaching Scotland (above n 120) at p 16.
139
Information obtained through informal discussion between the present researcher and a representative from
SCCYP on 21 March 2012.
140
At section 5.
141
Quote obtained through informal discussion between the present researcher and a representative from
BEMIS on 22 May 2012.
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Whilst a few of the constituent elements for successful HRE are present within the CfE, such
as the requirement for learners to exercise their rights responsibly in conformity with
education through human rights, and participate actively as per education for human rights,142
the fundamentals, particularly in relation to education about human rights, are lacking. Even
where ‘rights’ are expressly mentioned within subject areas they are “not identified as
belonging to a broader framework of human rights”, 143 and nowhere is there an E&O
requiring learners to demonstrate knowledge and understanding of ‘human rights norms and
principles, the values that underpin them and the mechanisms for their protection’.144
The absence of clear curriculum guidance is identified by the UN as one of the primary
barriers to effective HRE.145 Addressing this deficiency was therefore a central feature of the
World Programme, with states instructed to make “human rights a fully-fledged and explicit
component of the school-based curriculum”.146 In the absence of such express inclusion of
HRE within the CfE, however, the Scottish Government relies instead upon the argument that
“human rights are embedded in the curriculum”.147 They are perhaps embedded to the point
of invisibility, with the result that teachers are unlikely to be aware of their teaching
obligations in this area.
In contrast to other jurisdictions, such as Germany and Manitoba,148 which incorporate HRE
through an outcomes-based curriculum, and contrary to express instruction within the World
Programme,149 the CfE provides no guidance as to what should be taught to satisfy those
outcomes that touch upon HRE. Teachers are thus justified in interpreting HRE as “a matter
of perspective rather than of specific teaching content”,150 with the consequent danger that it
becomes “incidental to the curriculum rather than proactively integrated into it”.151
142
Learning and Teaching Scotland (above n 120) at pp 13-14 & 18.
Waldron et al (above n 94) at p 17.
144
UN General Assembly (above n 8), Article 2(2)(a).
145
UN General Assembly (above n 57) at para 65; see also Gerber (above n 14) at p 253.
146
UNESCO and OHCHR (above n 13) at p 40, para (e)(vi) [emphasis added]; see also UN General Assembly
(above n 57) at para 66(b)(ii); & Council of Europe (above n 125) at p 10, para 6.
147
Scottish Government (above n 10) at pp 8 & 10.
148
Organisation for Security and Co-operation in Europe (OSCE) et al ‘Human Rights Education in the School
Systems of Europe, Central Asia and North America: A Compendium of Good Practice’ (2009) at pp 27-28 &
30.
149
UNESCO & OHCHR (above n 13) at p 46, para 19(a)(i).
150
S Hornberg, ‘Human Rights Education as an Integral Part of General Education’ (2002) 48 International
Review of Education 187 at p 193.
151
Waldron et al (above n 94) at p 54; see also UN Committee on the Rights of the Child (above n 36) at para
18.
143
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It is submitted, therefore, that whilst the CfE does provide scope for education about, through
and for human rights, this is limited at best. Teachers interested in HRE would be able to
justify their teaching practices with reference to the CfE, but equally teachers with no interest
would be able to point to the absence of specific HRE guidance to justify their inaction. The
compliance of Scotland’s CfE with Article 2(2) of the Declaration is therefore dependent
upon how teachers’ preferences translate into practice. Are teachers actually educating
about, through and for human rights, and if yes, are they driven to do so by the CfE itself? It
is to the teaching of human rights in classrooms that we now turn.
5. HRE IN PRACTICE IN SCOTTISH CLASSROOMS
As far back as 1974, the UN noted the “wide disparity between proclaimed ideals, declared
intentions and the actual situation” regarding HRE in classrooms,152 and prevailing opinion
suggests that little has changed.
UNESCO, for example, has recently identified the
significant chasm between the aspirational rights enshrined within international instruments
and the practical reality of HRE,153 and the literature further echoes this sentiment with the
suggestion that “it is much easier for nation-states and institutions such as schools to
articulate these ideals than to implement them in the classroom”.154
Saying this, however, the state of HRE in Scottish primary schools remains largely unknown.
Despite the fact that both the UN Decade and World Programme called upon states to carry
out a comprehensive assessment of HRE in a number of areas including the curriculum,
school environment and teacher training,155 the countries of the United Kingdom neglected to
do so. Thus, irrespective of Scottish Government assertions that human rights are embedded
within the CfE, 156 in fact little is known about “how extensively human rights are
integrated…and how much actual time is spent on human rights”157 in our classrooms.
UNESCO, ‘Recommendation Concerning Education for International Understanding, Co-operation and
Peace and Education Relating to Human Rights and Fundamental Freedoms’ (1974), preamble.
153
UNESCO (above n 32) at p 15.
154
J A Banks, ‘Human Rights, Diversity and Citizenship Education’ in Waldron and Ruane (eds) (above n 28)
at p 44.
155
UN General Assembly (above n 57) at paras 7 & 41; UNESCO and OHCHR (above n 13) at pp 21-27; & UN
General Assembly (above n 4) at pp 11-13.
156
Scottish Government (above n 10) at p 8.
157
UN General Assembly (above n 57) at para 26.
152
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Exam Number: 4141400
The empirical research undertaken for this study is a small step towards better understanding
the practical reality of HRE in Scotland, and the findings highlight a number of issues that
should be further explored in a larger and more representative study. Whilst the present
author has argued that the CfE does provide a degree of scope for education through, for and
to a lesser extent about human rights, compliance with Article 2(2) ultimately depends upon
whether the curriculum in fact drives teachers to incorporate HRE into their lessons. If
teachers are not addressing HRE at all, or are doing so for reasons external to the CfE,
Scotland is not complying with the requirements of the Declaration.
5.1. Methodology
The qualitative empirical research conducted for this study consisted of one-on-one semistructured interviews with teachers of primary 7 pupils in 8 schools across Edinburgh and the
Lothians.158 The objective of this methodological framework was to determine the extent to
which teachers incorporate education about, through and for human rights into their
classroom teaching and whether they feel compelled by the CfE to do so. It must be noted
that whilst a more accurate picture of each teacher’s practice in this area would have resulted
from classroom observation, time restraints for this research project prevented this option.
5.1.1. Selection of Sample
Primary 7 teachers were selected as the most appropriate research sample. As the final
school year in the CfE’s second level of curriculum progression, learners ought to have
mastered the appropriate level two E&Os by the end of primary 7 before progressing to
secondary education.
Teachers were initially approached for interview based upon the location and catchment areas
of their schools, with the aim of creating a broad sample across diverse social and economic
backgrounds. Through the researcher becoming involved with UNICEF, however, a natural
divide became apparent in the sample between those teachers from schools working towards
UNICEF’s Rights Respecting Schools Award (“RRSA”) and those from schools not doing
158
This included 1 school in City of Edinburgh, 1 in Midlothian, 2 in East Lothian, and 4 in West Lothian.
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Exam Number: 4141400
so. 25% of Scottish schools are currently working towards the RRSA,159 which “recognises
achievement in putting the CRC at the heart of a school’s planning, policies, practice and
ethos”.160 UNICEF provides guidance and support to schools to enable them to implement
and maintain the school-wide standards required for RRSA accreditation.
The sample
therefore became evenly balanced, with 4 RRSA and 4 non-RRSA schools. The catchment
areas for the schools within both categories varied considerably, though to limit the number
of research variables, only teachers from state schools were interviewed.
The researcher acknowledges that the limited geographic region and the small number of
teachers interviewed means that this study cannot be taken as representative of the Scottish
education system as a whole. This exploratory research does, however, raise issues beyond
those that could be raised from studying legislation or policy guidance alone, by providing a
sample of first-hand accounts of those ‘at the coalface’ of HRE from which general
conclusions regarding the conformity of HRE in practice with Article 2(2) of the Declaration
can tentatively be drawn.
5.1.2. Interviews
Interviewing teachers provided the most effective means for understanding the actual practice
of HRE in classrooms.161 Semi-structured interviews enabled the researcher to maintain a
degree of structure and ensure that all relevant questions were asked, whilst at the same time
permitting further questioning for clarification and elaboration on certain answers.162 This
allowed teachers some freedom to describe how they see their practice and experience in
incorporating HRE into their classroom teaching, whilst ensuring that the core subject matter
of the interviews remained consistent enough to justify the conclusions drawn.163
The interview commenced with an open-ended introductory question concerning classroom
activities undertaken by the teacher that they would consider to constitute HRE. It was
159
BEMIS (above n 103) at p 11; for an evaluation of the program, see generally J Sebba & C Robinson,
‘Evaluation of UNICEF UK’s Rights Respecting Schools Award’ (2010).
160
From UNICEF website, Rights Respecting Schools Award: http://www.unicef.org.uk/rrsa.
161
All interviews were recorded for accuracy.
162
C Hakim, Research Design: Successful Designs for Social and Economic Research (2nd Edition, 2000) at p
35; T May, Social Research: Issues, Methods and Process (1993) at p 93; R Burgess, ‘The Unstructured
Interview as a Conversation’ in R Burgess (ed), Field Research: A Sourcebook and Field Manual (1991) at p
107; & W J Goode & P K Hatt, Methods in Social Research (1952) at p 186.
163
May (above n 162) at p 93; & Gerber (above n 14) at para 4.7.1.
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Exam Number: 4141400
important to engage in such a bottom-up framing of the issues, rather than imposing a topdown assumption of what teachers understand by HRE, in order to develop a more
comprehensive picture of practice in this area. The follow-up questions were then based
predominantly around: (i) HRE knowledge and resources; (ii) the creation of a rights
respecting classroom; (iii) active participation in the classroom and school; (iv) whether the
CfE is the driving force behind the incorporation of HRE into classroom teaching; and (v)
recommendations for improvements to HRE.
The open-ended replies of teachers will be presented under the relevant categories of
education about, through and for human rights. 164 Each will be followed by analysis of
whether the activities being undertaken in that category conform to the standards of HRE
required by Article 2(2) of the Declaration.
5.2. The Research Findings
5.2.1. Education About Human Rights
It is a requirement of the RRSA that all teachers display the CRC prominently within their
classrooms, and all 4 of the teachers from the RRSA schools in this study complied with this
obligation. 2 teachers additionally displayed a number of the key provisions separately
around their classrooms in accordance with the supplementary RRSA guidance. 165 All 4
teachers similarly observed the RRSA requirement to make express links between class
topics, such as conflict, 166 citizenship 167 and ancient Egypt, 168 and the relevant CRC
articles.169 Within all of the RRSA schools, therefore, education about human rights was
expressed predominantly in the language and terminology of the CRC. Only 2 RRSA
teachers explicitly highlighted links between HRE and the CfE itself, with one referencing
the E&Os in Social Studies addressing rights and responsibilities,170 and the other stating that
“a certain amount of time is focused on the outcomes within RME relevant to HRE”.171
164
On coding open-ended responses, see May (above n 162) at p 105; & A Strauss, Negotiations, Varieties,
Contexts, Processes and Social Order (1978) at pp 20-21.
165
RRSA 1 & RRSA 2.
166
RRSA 1 & RRSA 3.
167
RRSA 1.
168
RRSA 2.
169
Examples included Articles 13, 19, 24, 28 & 31.
170
RRSA 3.
171
RRSA 1.
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Exam Number: 4141400
In the non-RRSA schools, only 1 teacher indicated that although HRE ideas were relevant to
some class topics, including healthy respect and democracy, express links were not made to
international instruments, and any human rights knowledge was therefore “just a
background”.172 The other non-RRSA teachers did ground their HRE teaching, at least to
some extent, in the terminology of human rights. For example, one teacher explained that
aspects of human rights are taught as part of a democracy project but this is not then linked in
with other class topics,173 and another indicated that the “umbrella stance towards HRE is to
use the language of rights and responsibilities and specific lessons are taught within that,
including analysis of the rights within the CRC”.174 The final non-RRSA teacher not only
incorporated the CRC specifically into lessons,175 but also linked this teaching explicitly both
to the Social Studies E&Os concerning rights and responsibilities, 176 and to the relevant
H&W E&Os.177
5.2.1.1. Analysis of the Findings
Perhaps surprisingly, there was little palpable difference in the research findings between
RRSA and non-RRSA schools regarding education about human rights. Whilst teachers
within RRSA schools were more consistent in their use of human rights terminology, and
referred explicitly to the CRC with more frequency, only 1 non-RRSA teacher did not refer
to the CRC at all in the classroom.
Seven of the teachers interviewed were therefore
providing a degree of education about human rights by referring expressly to the CRC.
Furthermore, by highlighting the CRC rights of particular relevance to a classroom setting,
including the right to an education 178 and to free expression, 179 some of this teaching
corresponded with the requirement for human rights knowledge to relate to learners’ own
lives and experiences.
172
Non-RRSA 1.
Non-RRSA 2.
174
Non-RRSA 4.
175
Non-RRSA 3.
176
Scottish Government (above n 112), Social Studies E&Os in People, Society, Economy & Business section,
p 13 at SOC 2-17a.
177
Ibid, Health and Wellbeing Interdisciplinary E&Os in Social Wellbeing section, p 3 at HWB 2-09a.
178
Non-RRSA 3 & RRSA 3.
179
RRSA 1.
173
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It is submitted, however, that whilst a regime of education about human rights couched only
in the terminology of the CRC is better than no HRE at all, it is nevertheless inconsistent with
the standard of human rights knowledge required by the Declaration. No teacher within this
research made reference to any additional human rights instruments in which HRE provisions
are present, and none mentioned imparting knowledge about human rights values or the
mechanisms for their protection in accordance with the basic express requirements of Article
2(2)(a).
In the absence of this foundational knowledge, therefore, teachers simply cannot be educating
about human rights in a deeper and more contextually relevant manner. 180 Knowledge
concerning, for example, the history and controversies of the human rights movement;
chronic and emerging human rights problems and their possible solutions; the potential role
of learners in the promotion and protection of human rights; and the reasons for varied global
understanding of human rights did not, therefore, feature in the classrooms of those teachers
interviewed for this research.
Only 2 out of the 8 teachers made express links to areas of the CfE under which they felt
compelled to educate about human rights, with the remaining teachers either indicating that
their impetus came from the RRSA, or providing no concrete basis for their incorporation of
HRE in lessons. It is interesting to note that none of the teachers explicitly referenced the
Global Citizenship ‘theme across learning’ as a CfE area under which they felt compelled to
provide education about human rights, and one non-RRSA teacher in fact admitted to not
knowing “whether human rights comes into Global Citizenship”.181
5.2.2. Education Through Human Rights
Whilst 1 teacher, from a non-RRSA school, did consider the H&W E&Os addressing rights
to be relevant to the concept of education through human rights,182 the other 7 teachers did
not explicitly refer to the CfE when discussing respect for rights in their classrooms. Instead,
they predominantly cited classroom or school charters as the impetus for rights respecting
learning environments. All RRSA classrooms are required to have charters drafted by the
180
Namely, in accordance with education about human rights as discussed above at section 3.2.
Non-RRSA 3.
182
Non-RRSA 3.
181
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children that highlight the responsibilities of both learners and the teacher in upholding
them.183 The charters must link explicitly to articles within the CRC selected by the children,
with most focusing on rights such as freedom of belief, expression and religion.184 Two of
the non-RRSA schools had also implemented a class or school charter in the absence of any
express obligation to do so.185
Two RRSA teachers made reference to their whole-school approach to HRE and the need to
ensure that all those who came into contact with the children, including office staff and
external teaching staff, were aware of the HRE ethos of the school.186 On the other hand, one
non-RRSA teacher explained that whilst there was a “big emphasis in the classroom on
preventing children from denying others the right to learn properly”, their rights respecting
classroom environments were based predominantly on a system of rewards and sanctions in
accordance with the school’s behavioural policy.187 Two other non-RRSA teachers similarly
related HRE to behaviour management policies.188
5.2.2.1. Analysis of the Findings
In contrast to education about human rights, there was a more obvious divide between RRSA
and non-RRSA schools regarding education through human rights.
Whilst all teachers
recognised the importance of a rights respecting classroom, and 4 teachers in fact considered
it to be the most important facet of HRE,189 the erroneous impression of some teachers that
education through human rights relates predominantly to behaviour management is cause for
concern. All RRSA schools, on the other hand, relied upon class charters linked to specific
CRC rights to ensure that children knew their rights and understood the need to respect the
rights of others.
183
Information obtained at a UNICEF RRSA training session attended by the researcher at a West Lothian
primary school on 20 February 2012; see also UNICEF, ‘Rights Respecting Schools Award Standards (2010)
(available at: http://www.unicef.org.uk/Documents/EducationDocuments/Standards_RRSA.pdf?epslanguage=en) at standards 10 & 12.
184
For example, RRSA 4 linked the rights in their class charter to CRC Articles 13, 14, 17, 19, 24, 28 & 31.
185
Non-RRSA 1 & Non-RRSA 3.
186
RRSA 1 & RRSA 3.
187
Non-RRSA 2.
188
Non-RRSA 1 & Non-RRSA 4; see also Jennings (above n 15) at p 291.
189
Non-RRSA 4, RRSA 1, RRSA 2 & RRSA 3.
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RRSA schools were also more effective at fostering a whole-school approach to education
through human rights, principally because the RRSA is a school-wide award and therefore
HRE must inform all aspects of school life. Within non-RRSA schools, there seemed to be a
less consistent approach, which resulted in pockets of activity based upon the personal
predilections of teachers. Thus, whilst 2 non-RRSA teachers did explicitly acknowledge the
importance of rights respecting classrooms, with one reiterating that “HRE is to do with how
the school runs and allowing children to experience their rights is more important than
imparting human rights knowledge”,190 neither had implemented a class charter, and nor was
there a school charter in place to ensure consistency in education through human rights.191
It is submitted, therefore, that whilst the RRSA schools were attaining the standards of
education through human rights required by Article 2(2)(b) of the Declaration, the nonRRSA schools were not doing so. The RRSA schools not only explicitly adopted and
maintained a whole-school approach to HRE in accordance with the RRSA guidance, but
their class charters also guaranteed that fundamental rights, such as free expression, equality,
mutual respect and dignity, were infused throughout the classroom. This consistency in
approach was not apparent within the non-RRSA schools and, whilst this is not to say that
these schools do not foster rights respecting learning environments in practice, basic ideas
within education through human rights were seemingly sometimes misunderstood.
For
example, HRE linked to a system of rewards and sanctions is at odds with the idea of respect
for the development of personality and dignity.
In the absence of clear and comprehensive RRSA guidance, which facilitates rights
respecting learning environments, the CfE does not fill the void for non-RRSA schools. With
only one teacher referring explicitly to curriculum obligations, it is clear that the CfE is not
providing schools with a human rights framework in which to deliver HRE, and is not
therefore significantly driving education through human rights.
5.2.3. Education For Human Rights
All 8 teachers interviewed for this research reported that their school had a pupil council that
actively participated in classroom and school life, with 6 teachers explicitly mentioning that
190
191
Non-RRSA 3.
Non-RRSA 3 & Non-RRSA 4.
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council membership is based upon a democratic campaign and election. 192 A number of
teachers additionally involved their pupils in key decisions about their learning.
For
example, 1 non-RRSA and 2 RRSA teachers liaise with pupils to determine the topics they
wish to study,193 and another RRSA school ensures that all of its teachers undergo ‘Critical
Skills Training’, which enables them to equip children with the skills required to actively
participate in their learning, including problem solving and critical thinking. 194 Additional
means through which active participation was fostered in the learning environment included:
peer mediation and an Equality Committee;195 restorative practice;196 eco-councils;197 a Fair
Trade Group;198 and holding mock Parliamentary debates.199
Five teachers also highlighted charity work or fundraising initiatives as relevant to education
for human rights,200 with 2 of those teachers referencing Global Citizenship in this context.
One teacher advised, for example, that “every term, some sort of Global Citizenship focus
happens and the pupil council researches an area of the world where charitable donations are
needed”,201 and another similarly referred to disaster relief following Hurricane Katrina as
complying with the CfE’s Global Citizenship requirement.202 Four teachers referenced their
Global Schools Partnership as facilitating education for human rights by providing children
with a meaningful context in which to help others. 203 No teacher made reference to any other
CfE curriculum area when discussing education for human rights.
5.2.3.1. Analysis of the Findings
As with education about human rights, there was little palpable difference in the research
findings between RRSA and non-RRSA schools, with all of the schools close to achieving a
standard of education for human rights corresponding to the requirements of Article 2(2)(c).
192
Non-RRSA 1, Non-RRSA 2, Non-RRSA 4, RRSA 1, RRSA 2 & RRSA 4.
Non-RRSA 3, RRSA 1 & RRSA 3.
194
RRSA 1; for more information, see K McGrane, ‘The Critical Skills Programme: Rising Above Critical
Levels’ (2006) (available at: http://www.teachingexpertise.com/articles/critical-skills-programme-rising-abovecritical-levels-643).
195
RRSA 4.
196
RRSA 1.
197
RRSA 1, Non-RRSA 2 & Non-RRSA 4.
198
Non-RRSA 2.
199
Non-RRSA 3.
200
Non-RRSA 3, RRSA 1, RRSA 2, RRSA 3 & RRSA 4.
201
RRSA 4.
202
RRSA 2; see similar findings within Sebba & Robinson (above n 159) at p 26.
203
Non-RRSA 2, Non-RRSA 3, RRSA 1 & RRSA 3; on Global School Partnerships, see
http://www.dfid.gov.uk/get-involved/in-your-school/global-school-partnerships/.
193
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Each school fostered active participation through its pupil council and, although the
additional mechanisms for educating for human rights varied considerably between schools,
they provided children with a voice in decision-making that both related to their own lives
and experiences and instilled and honed those skills relevant to empowerment and activism.
However, whilst the examples of education for human rights highlighted within this research
do relate to human rights concepts, they are nevertheless insufficient to fully comply with
Article 2(2)(c) because they provide no focus on the defence and promotion of human rights
more generally. Although one school did organise a scheme for older children to mentor
younger members of the school to stand up against prejudice and intolerance,204 no school
incorporated a more specific human rights approach through, for example, providing learners
with opportunities to organise their own human rights advocacy activities. It is suggested,
therefore, that through active and participative learning schools are providing learners with
the skills required to promote and protect human rights, but that they are not progressing to
the next stage of translating that into focused human rights action.
It must also be noted that there was a worrying tendency amongst teachers to interpret Global
Citizenship as mandating merely sporadic charitable giving or learning about the human
rights of children in other countries.205 Whilst 1 non-RRSA and 2 RRSA teachers did opine
that Global Citizenship involves “talking about the world generally”, 206 not a single teacher
referred to the universality of human rights and the need for their defence and promotion
when discussing their teaching requirements in this area. One representative from a HRE
organisation has deemed such misconceptions of Global Citizenship to be the result of it
“being thrust into the CfE without any background or context”207 and consequently teachers
often fail to link the concepts of Global Citizenship and HRE, despite the latter supposedly
representing a fundamental component of the former under the CfE guidance.
Whilst elements of education for human rights are widespread in schools, it appears that the
CfE is not driving them. The absence of focused human rights action within classrooms is
perhaps unsurprising given the paucity of express human rights ideas and terminology within
204
RRSA 1.
Non-RRSA 1, Non-RRSA 3, RRSA 1, RRSA 2, RRSA 3 & RRSA 4.
206
Non-RRSA 2, RRSA 2 & quote from RRSA 3.
207
Information obtained through informal discussion between the present researcher and a representative from
ScotDEC on 1 March 2012.
205
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the curriculum. Additionally, whilst the CfE does compel some teachers to incorporate
aspects of Global Citizenship into their teaching, misconceptions of what this ‘theme across
learning’ encompasses leads to HRE that at best encourages consideration only of the human
rights of those in other countries,208 and at worst perpetuates the damaging ‘them’ and ‘us’
belief that results from educating for human rights in the absence of discussions about the
universality of human rights and the need for their widespread defence and promotion.
5.3. Education About, Through and For Human Rights in Practice
“There’s a lot in the CfE that does suggest you should teach HRE, but I think it always comes
down to what a teacher has an interest in. Some teachers have a big interest and teach it lots
and others may not be so competent and therefore just touch upon it here and there.”209
In her research into HRE in the USA and Australia, Gerber noted that those teachers who
incorporated elements of HRE into their classrooms did not do so to comply with government
or curriculum guidance, and certainly were not doing so in the belief that they were giving
effect to international legal obligations.210 Instead, they addressed HRE “because of their
own personal background and experience”,211 and it is submitted that a similar situation can
be observed with regard to the teachers approached by this researcher. Elements of HRE
were present in the classrooms of each teacher interviewed for this study, and though much
of the enthusiasm and teaching impetus did stem from involvement in UNICEF’s RRSA,
HRE was also evident in the classrooms of those teachers not working towards the award.
A number of teachers viewed the CfE’s inherent flexibility as conducive to teaching HRE, for
as “the outcomes…are so waffly, you have more scope with what to teach, and you can link
HRE to anything if you want to”.212 The converse of this, however, is that teachers can avoid
linking HRE to particular curriculum areas, and could conceivably avoid linking it to
See e.g. S Pike, ‘For Once, Just Listen to a Kid: Children’s Rights and Local Communities’ in Waldron and
Ruane (eds) (above n 28) at p 150.
209
Non-RRSA 2.
210
Gerber (above n 14) at pp 260-261; & P Gerber, ‘The 4th R – Human Rights Education’, paper presented at
Monash University in 2006 (available at http://www.law.monash.edu.au/castancentre/events/2006/conf-06gerber-paper.html).
211
Gerber (above n 210); see also similar comments in G Pike, ‘Reconstructing the Legend: Educating for
Global Citizenship’ in Abdi & Shultz (eds) (above n 129) at p 224; this view was also expressed to the present
researcher during an informal discussion with a representative from Amnesty International on 5 March 2012.
212
RRSA 2.
208
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anything at all if they so desired. Therefore, whilst there is apparent interest in HRE, teacher
interpretations of education about, through and for human rights are likely to differ markedly,
resulting in varied degrees of HRE incorporation across classroom teaching.
This suggestion is supported by the findings in this study. No teacher interviewed for this
research overlooked or disregarded HRE completely, but equally not a single teacher
incorporated education about, through and for human rights holistically to a standard in
conformity with Article 2(2) of the Declaration. Whilst RRSA schools appeared to be
successfully implementing education through human rights and both RRSA and non-RRSA
schools were close to attaining the relevant standards of education for human rights, this is
nevertheless insufficient in the absence of a solid foundation of contextually relevant
education about human rights that extends beyond the rights in the CRC only.
It is submitted that these deficiencies can once again be attributed largely to the absence of
concrete guidance, and “a lack of clear messages”213 on teaching HRE within the CfE. This
was emphasised by a number of teachers interviewed for this research, with one bemoaning
the lack of “guidelines as to what level of knowledge children should have about human
rights”,214 and another suggesting with regard to the CfE that she was “running to catch up,
because nobody has actually come in to say ‘this is what you should be doing’”. 215 The latter
added that “we don’t really know what we’re supposed to be doing on a day to day basis
because we haven’t been given specific guidance”.
For example, Global Citizenship, as the area of the CfE in which HRE is most strongly
supported, was overlooked or misunderstood by a number of teachers in this research. One
teacher admitted to being “not hugely familiar with the ‘themes across learning’”, 216 and
another suggested that “on a daily basis a teacher isn’t going to think ‘oh, I have to be
globally citizenshippy today”. 217 Therefore, “because Global Citizenship is not a discrete
subject and is quite a woolly concept, the reality is that it’s not linked into subjects through
213
Information obtained through informal discussion between the present researcher and a representative from
ScotDEC on 1 March 2012.
214
Non-RRSA 2.
215
Non-RRSA 1.
216
Non-RRSA 1.
217
Non-RRSA 4.
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interdisciplinary learning but instead is taken up only by interested teachers”;218 and, as this
research has demonstrated, even those interested teachers often misinterpret its aims.
Similarly, as “the E&Os are so loose that they could mean anything”,219 the sparse and brief
mentions of ‘rights’ within subjects such as RME and Social Studies allow “teachers to just
mention human rights or do a wee lesson on a human rights issue and feel that they’ve met
their obligation”.220 The HRE obligations within the interdisciplinary topic of H&W were
referred to by only one teacher within this research,221 and those freestanding subject areas
that touch upon human rights issues but are not couched in the express terminology of rights,
such as Modern Languages222 and the Expressive Arts,223 were not mentioned at all.
This suggests a disconnection between what the government believes to be driving HRE and
the actual impetus for teachers to educate about, through and for human rights. Whilst the
government considers HRE to be embedded within the curriculum, thus forming the basis for
its incorporation into classroom teaching, only one teacher within this study explicitly stated
that the CfE as a whole included an obligation to provide HRE,224 yet it was present to some
extent in every classroom.
Whether through rights-promoting class charters and active
participation in pupil councils, or through interdisciplinary learning on the rights within the
CRC, HRE is taking root in classrooms, though seemingly not owing to the CfE itself.
The research findings suggest that seeds have been sown and there is scope for HRE growth
in classrooms. It is clear that Scotland has a long way to go to comply with the standards
envisaged by Article 2(2) of the Declaration and in all areas, though particularly with regard
to education about human rights, standards will only improve significantly through an
increased commitment to HRE within the education system.
For this to happen, it is
submitted that a number of issues, many of which were raised by the teachers and HRE
representatives interviewed for this research, must first be addressed.
218
Information obtained through informal discussion between the present researcher and a representative from
BEMIS on 22 May 2012.
219
Information obtained through informal discussion between the present researcher and a representative from
Amnesty International on 5 March 2012.
220
Information obtained through informal discussion between the present researcher and a representative from
BEMIS on 22 May 2012.
221
Non-RRSA 3.
222
Scottish Government (above n 112), Modern Languages tab at p 7.
223
Ibid, Expressive Arts E&Os at p 1.
224
Non-RRSA 4.
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Exam Number: 4141400
6. HRE IN SCOTLAND: CURRENT PROBLEMS AND POTENTIAL SOLUTIONS
The principal difficulties associated with providing effective HRE are: (i) teachers’ lack of
knowledge and training; (ii) lack of resources; (iii) insufficient political commitment; and (iv)
deficiencies of HRE within formal curricula. Each will be considered in turn with regard to
the Scottish regime, and will be accompanied by recommendations for potential solutions.
6.1. Teachers’ Lack of Knowledge and Training
As suggested above, it is principally those teachers with an existing interest in HRE who
translate any knowledge they have of the subject into their teaching, 225 and therefore “to
avoid only passionate teachers teaching, we need better teacher training in HRE”.226 The
exclusion of HRE from teacher training programmes is the most frequently cited reason for
its paucity in schools,227 for to be able to provide effective HRE teachers must themselves
receive comprehensive training in “the necessary knowledge, understanding, skills and
competencies to facilitate the learning and practice of human rights in schools”.228
Despite the fact that the Scottish Government believes all teachers are already equipped with
the requisite knowledge and understanding of human rights to meet HRE obligations in their
classrooms,229 the reality of the situation is decidedly different. Not a single teacher in this
study had received pre-qualification training on HRE, including those trained through the
CfE and not the preceding 5-14 curriculum, 230 and whilst the Government is correct that
‘human rights’ is included within the Standards for Initial Teacher Education,231 the reference
is oblique at best.
As ‘human rights’ is deemed to constitute an element of Global
E Verhellen, ‘Facilitating Children’s Rights in Education: Expectations and demands on teachers and
parents’ in Hart, Cohen, Erickson & Flekkøy (eds) (above n 13) at p 189.
226
Gerber (above n 210).
227
Gerber (above n 14) at p 252; Waldron et al (above n 94) at p 49; & Gerber (above n 22) at p 248; & Y V
Lapayese, ‘National Initiatives within the UN Decade for Human Rights Education: The Implementation of
Human Rights Education Policy Reforms in Schools’ (2004) 3 Educational Research for Policy and Practice
167 at p 179.
228
UN General Assembly (above n 57) at para 54; see also UNESCO & OHCHR (above n 13) at p 4; H
Starkey, ‘The Universal Declaration of Human Rights and Education for Cosmopolitan Citizenship, in Waldron
and Ruane (eds) (above n 28) at p 28; & N Flowers & D A Shiman, ‘Teacher Education and the Human Rights
Vision’ in Andreopoulos & Claude (eds) (above n 51) at p 166.
229
Scottish Government (above n 10) at pp 8 & 10.
230
2 of the 8 teachers interviewed.
231
Available at: http://www.gtcs.org.uk/standards/standard-initial-teacher-education.aspx.
225
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Exam Number: 4141400
Citizenship, it is implicitly included within the requirement for teachers to fulfil their
responsibilities in respect of the cross-curricular ‘themes across learning’.232 Aside from this
vague reference, however, there is no express requirement for teachers to be able to
demonstrate competency in HRE.233
Without adequate training, HRE is likely to be a daunting prospect, and not just because of a
shortage of basic knowledge.234 The relevant literature provides guidance on matters such as
teaching HRE from a neutral perspective to avoid “imposing…personal convictions
on…pupils”,235 and ensuring respect for children’s rights to freedom of thought, opinion and
speech.236 Failure to comply with such guidance is a particular risk when teachers have had
little or no training or experience in HRE.
6.1.1. Recommendations for Improvements
Whilst completely opinion-neutral HRE teaching is not only largely impossible, but also
deemed to be ineffective and undesirable,237 there are ways to strike an acceptable balance.
Osler and Starkey highlight, for example, that “by grounding their moral authority in
international standards and principles [teachers] can explain their actions independently of
their own background or convictions”.238 The potential stumbling block to this approach is
that it requires a familiarity with international human rights instruments. As this research has
demonstrated, most teachers are familiar only with the content of the CRC and cannot
therefore provide teaching based upon additional human rights instruments.239
232
The General Teaching Council for Scotland, Standards for Initial Teacher Education, at para 1.1.2.
See also Tibbitts (above n 40) at p 169; & J Horton, ‘Teachers Afraid to Broach Human Rights in Class’,
Times Educational Supplement Magazine (2011) (available at:
http://www.tes.co.uk/article.aspx?storycode=6164893).
234
See Hepburn (above n 12) at p 9.
235
Council of Europe (above n 39) at para 1.4; see also Oxfam, ‘Global Citizenship Guides: Teaching
Controversial Issues’ (2006) at p 6; Stone (above n 59) at p 549; & OHCHR (above n 34) at pp 22-23; this was
also mentioned during an informal discussion between the present researcher and a representative from BEMIS
on 22 May 2012.
236
R K Smith, ‘Making the Grade: the UK, Citizenship and Human Rights Education’ (2003) 15 Education &
the Law 135 at p 140.
237
Advisory Group on Citizenship, ‘Education for Citizenship and the Teaching of Democracy in Schools: Final
Report of the Advisory Group on Citizenship’ (1998) at p 56; a similar opinion was expressed during an
informal discussion between the present researcher and a representative from ScotDEC on 1 March 2012
238
Osler & Starkey (above n 129) at p 41; see also Tibbitts (above at n 40) at p 161; & OHCHR (above at n 34)
at p 22.
239
Waldron et al (above n 94) at p 53; Osler & Starkey (above n 131) at p 15; A Osler & H Starkey, Teacher
Education and Human Rights (1996) at p 119; & Osler & Starkey (above n 57) at pp 350 & 357.
233
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Exam Number: 4141400
For HRE to become a central feature of the curriculum, and one that does not unduly burden
or worry those who implement it, training in HRE must permeate teacher education from prequalification training through to Continued Professional Development (“CPD”) for
established teaching personnel. Teachers would then be better equipped with the requisite
knowledge and experience to educate about, through and for human rights.240
Anecdotal evidence suggests that there is a link between increased HRE in initial teacher
training and its subsequent incorporation into classroom teaching, 241 thus HRE ought to
constitute a mandatory requirement for accreditation as a teacher. 242 Such training would
include: basic knowledge of human rights values, instruments and protection mechanisms;
the ability to foster rights and responsibilities within the learning environment; and the
capacity to encourage children’s active participation within the school and classroom. 243
Taken together, these elements would constitute education about, through and for human
rights, and newly qualified teachers would emerge from their training with the requisite
knowledge and skills to provide HRE conforming to the standards envisaged by Article 2(2)
of the Declaration.244
Teachers’ knowledge and skills must then be continuously honed and refreshed through
regular CPD in HRE. 245 None of the teachers in this study had received this, with the
exception of the mandatory RRSA sessions provided by UNICEF, though a number did
express an interest in receiving such training.246 Although CPD in HRE is currently available
sporadically, it is run predominantly by NGOs 247 and, whilst their work is invaluable to
progressing HRE, such organisations simply do not have the time and resources to address
240
UNESCO & OHCHR (above n 13) at p 40, para (f); UN General Assembly (above n 8), Article 7(4); & F
Tibbitts, ‘International Developments in the Field of Human Rights Education’, Comparative and International
Education Society Newsletter, Number 151 (September 2009).
241
Information obtained through informal discussion between the present researcher and a representative from
ScotDEC on 1 March 2012; see also Waldron et al, ‘Bringing Alive the Spirit of Human Rights: Irish Teachers’
Understanding of and Disposition Towards Human Rights and Human Rights Education’ in Waldron and Ruane
(eds) (above n 28) at pp 175 & 177.
242
UNESCO & OHCHR (above n 13) at p 40, para (f)(iv); Amnesty International (above n 27) at p 5; & UN
General Assembly (above n 57) at para 66(b)(ii).
243
UNESCO & OHCHR (above n 13) at p 50, para 27.
244
For an example of successful initial teacher education in HRE, see Centre for Human Rights and Citizenship
Education, St Patrick’s College, ‘Framework for Initial Teacher Education with Supporting Tools: Developing
Models of Good Practice in Initial Teacher Education’ (2007).
245
UNESCO & OHCHR (above n 13) at p 44, para 15(b)(ii).
246
Non-RRSA 3, RRSA 1, RRSA 2 & RRSA 3.
247
For example, Amnesty International, IDEAS & UNICEF.
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Exam Number: 4141400
the national shortcomings in this area.248 For NGOs to continue to play a role in facilitating
HRE, they would require significantly increased government support.249
6.2. Lack of Resources
Lack of appropriate and relevant resources is another frequently cited hindrance to the
effective teaching of HRE.250 Within this research, for example, 3 of the RRSA schools
indicated that all of their HRE materials are obtained through UNICEF,251 with one teacher
adding “I wouldn’t know how to go about finding resources if we didn’t get them from
UNICEF”.252 Only 1 teacher did not use any HRE resources at all in classroom teaching,253
though 3 others indicated that they did not know from where they could obtain HRE
materials supplementary to the ones sent to them by HRE organisations such as SCCYP.254
A further point, raised by one non-RRSA teacher within this research, is that some teachers
have concerns about resources originating from organisations such as Amnesty and
Oxfam. 255 This reluctance seemingly stems from common perceptions of HRE materials
produced by these organisations as either biased and promoting activism to a degree deemed
unacceptable in a learning environment, or surreptitiously dressing up fundraising initiatives
as educational materials.256
The academic literature further promotes this argument by advising that government inaction
in developing and promoting HRE materials creates opportunities for NGOs “to fill the void
with their own more radical definition of HRE”.257 Such warnings of the perils associated
248
Information obtained through informal discussion between the present researcher and a representative from
Amnesty International on 5 March 2012.
249
UNESCO & OHCHR (above n 13) at p 40, para (f)(i).
250
Gerber (above n 210).
251
RRSA 2, RRSA 3 & RRSA 4.
252
RRSA 3.
253
Non-RRSA 4.
254
Non-RRSA 1, Non-RRSA 2 & Non-RRSA 3.
255
Non-RRSA 3; see also BEMIS (above n 103) at p 12; Gerber (above n 210); & information obtained through
informal discussion between the present researcher and a representative from Amnesty International on 5 March
2012.
256
Gerber (above n 14) at p 255; Gerber (above n 210); & comments made during informal discussions between
the present researcher and a representative from (i) ScotDEC on 1 March 2012; and (ii) Amnesty International
on 5 March 2012.
257
Gerber (above n 210).
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Exam Number: 4141400
with external HRE materials are perhaps overstated.258 Organisations such as Amnesty have
produced a wealth of neutral, non-activist resources, a number of which make express links
to the CfE, 259 that are woefully underused in formal education.260
Similarly, national organisations with the express mandate to distribute such HRE materials,
including IDEAS and ScotDEC, report difficulties associated with encouraging schools to
utilise the abundance of available HRE resources and suggest that it is only those teachers
with a personal interest in HRE who currently seek out additional materials.261 The result is a
mismatch between organisations with a plethora of HRE materials available, and teachers
with no knowledge of how to acquire the resources, or with preconceived notions that the
materials are inappropriate for a learning environment.262
6.2.1. Recommendations for Improvements
The Scottish Government is in the best position to address this disconnection. Whilst certain
organisations affiliated with the government, such as SCCYP, experience far fewer problems
in encouraging schools to use their resources,
263
other organisations would benefit
significantly from increased government support and publicity for their HRE materials.
Since it must avoid endorsing specific organisations, the most obvious and potentially
effective solution is for the government to assist in the production of HRE resources
specifically tailored to the CfE. The government should work with HRE organisations to
produce resources that not only highlight explicit curriculum links, but also improve general
understanding of how those elements of HRE implicit in the curriculum can be translated into
teaching practice. Such resources would automatically be legitimated through government
involvement.
Indeed, one NGO representative intimated to the present researcher a
258
This view was also expressed to the researcher during an informal discussion with a representative from
SCCYP on 21 March 2012.
259
See e.g. Amnesty International (above 50) at p 5; & Amnesty International, ‘Seeking Safety’ (no date).
260
A few examples include Amnesty International, ‘Learning About Human Rights in the Primary School’ (no
date); Amnesty International (above n 50); OHCHR (above n 34); & Scotland’s Commissioner for Children and
Young People, ‘A RIGHT Blether: What’s Important to You? Rights Resources Pack for Children Aged 11 and
Under’ (no date).
261
Information obtained through informal discussions between the present researcher and (i) a representative
from IDEAS on 1 March 2012; and (ii) Amnesty International on 5 March 2012.
262
Information obtained through informal discussion between the present researcher and a representative from
Amnesty International on 5 March 2012.
263
Information obtained through informal discussion between the present researcher and a representative from
SCCYP on 21 March 2012.
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Exam Number: 4141400
willingness to work with the government to produce such resources without their
organisation’s name or endorsement appearing on the document.264
Whilst the governments of the United Kingdom have always denied their ability to intervene
in matters concerning curricular materials,265 it is within their power to produce resources
that schools can then utilise if they so choose. One teacher interviewed for this research
suggested that “any resources linked to the CfE would be good, because then you know
they’re linked to certain E&Os”,266 and another advised “if a resource could be produced that
is specifically targeted to the CfE and meets a lot of the E&Os, we would definitely use it”.267
Producing HRE materials linked explicitly to the CfE would therefore encourage their greater
use and alleviate concerns about their suitability for the learning environment.
6.3. Insufficient Political Commitment
Though initiatives such as the UN Decade and World Programme provide beneficial
guidance to states for attaining the standards of HRE required by international human rights
law, their non-binding nature makes it easy for states to simply ignore them.268 Indeed, this is
largely what Scotland has done. In a report to the OHCHR, for example, the Scottish
Government acknowledged that the World Programme has had little impact upon the CfE for
a number of reasons, including the aforementioned paucity of teacher training and HRE
resources, as well as lack of awareness and interest at local and central government levels.269
One NGO reports additional reservations emanating from government, including a reluctance
to prefer one particular interest to others, and difficulties associated with politicians
promoting an issue as controversial as human rights.270
264
Information obtained through informal discussion between the present researcher and a representative from
Amnesty International on 5 March 2012.
265
International Service for Human Rights, ‘Draft Declaration on Human Rights Education Fails to Fully
Acknowledge Defenders’ Role’ (2011); & UN General Assembly (above n 57) at para 30.
266
RRSA 1.
267
Non-RRSA 2.
268
UNESCO (above n 32) at p 13; F Tibbitts, ‘Take Another Look: A Second Decade of Human Rights
Education’ (2004) 1 Fourth R 4 at p 5; & N Rosemann, ‘Human Rights Education – Towards the End of the UN
Decade’ (2002) 4 Nordic Journal of Human Rights (available at:
http://www.hrea.org/erc/Library/rosemann03.pdf).
269
Scottish Government (above n 10) at p 13.
270
Information obtained through informal discussion between the present researcher and a representative from
Amnesty International on 5 March 2012.
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Exam Number: 4141400
The Scottish position regarding its World Programme obligations is symptomatic of “a
broader deficiency in addressing HRE as per international regulations”, 271 and in this,
Scotland is not alone. Despite the fact that to ignore the World Programme is to risk
disregarding a number of its provisions that reflect binding legal obligations, it received only
token political support and “resulted in few qualified examples of increased commitment to
HRE”.272 The consequence of this lack of political commitment, however, is a Scottish HRE
regime that rests predominantly upon the ad hoc initiatives of NGOs, charities and other civil
society organisations, and for this reason, sustainability of HRE is problematic.273
Despite the urging of a consortium of NGOs for states to guarantee effective incorporation of
the new Declaration,274 without a concrete national implementation strategy it is likely that it
will, much like its predecessors, be largely overlooked. This possible outcome is illustrated
by a comment made to the present researcher by one Scottish local authority’s education
representative that “we have not been made aware of…[the Declaration] or of any
requirement on us to include this within the curriculum”.275
6.3.1. Recommendations for Improvements
A frequently voiced recommendation for systematic improvement of political commitment in
this area is the establishment of a national committee with an express mandate to further
HRE. 276
Within documents such as the UN Decade 277 and the Declaration itself, 278
significant emphasis has been placed upon the importance of establishing national
committees to assist states with the development and implementation of curricula and
teaching materials which adequately reflect international HRE obligations.279
Whilst an express objective of the Equality and Human Rights Commission in England is the
development of curricular content that “ensures young people understand the relevance of
271
BEMIS (above n 103) at p 10.
Osler & Starkey (above n 131) at foreword, xiii.
273
UNESCO (above n 32) at p 82.
274
UN Human Rights Council, ‘Joint Written Statement Submitted by CIVICUS – World Alliance for Citizen
Participation et al’ (2011) (A/HRC/16/NGO/116) at p 4, para 3.
275
Email exchange between the present researcher and an Equalities Officer at a Scottish local authority, dated
17 January 2012.
276
A number of countries have national committees on HRE, including Australia, El Salvador and France.
277
UN General Assembly (above n 4) at pp 8-11.
278
UN General Assembly (above n 8), Article 9.
279
UN General Assembly (above n 4) at pp 8-11; see also Equitas (above n 72) at p 3.
272
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human rights”,280 the Scottish Human Rights Commission (“SHRC”) has no analogous HRE
objective within its mandate or founding legislation. 281 Though HRE did form a central
feature of the SHRC’s first Strategic Plan, with an express commitment to “promoting a
human rights-based approach to the further development…of the CfE” 282 it is included
neither within their current plan nor within the list of achievements from the previous plan.283
Additionally, HRE is not specifically mentioned within the SHRC’s briefing paper on their
impending National Action Plan for Human Rights, 284 though the results of the mapping
research on which this will be based is not published until October 2012.285
It must be noted, however, that to avoid duplication of work,286 the SHRC defers wholly to
SCCYP regarding HRE within formal education in Scotland, and SCCYP’s current Strategic
Plan does contain a number of references to ideas consistent with education about, through
and for human rights. 287 Nevertheless, the problem is that SCCYP’s mandate relates
exclusively to the promotion of the CRC,288 and as a result, other UN HRE initiatives such as
the World Programme and Declaration are not currently being promoted by either
organisation.
One HRE organisation has suggested that “given the abundance of guidelines and timelines
provided internationally to implement HRE, this status quo appears far behind the scheduled
plan”.289 It is submitted, therefore, that the establishment of a national committee for HRE
would address not only this lack of progression, but also the shortcomings resulting from the
narrow remits of the organisations currently dealing with HRE in Scotland. A designated
Equality and Human Rights Commission, ‘Our Human Rights Strategy and Programme of Action (20092012)’ (2009) at p 23.
281
Scottish Human Rights Commission, Annual Report 2010/2011, at p 6; & Scottish Commission on Human
Rights Act (2006). Though the Equality and Human Rights Commission has a mandate for the whole of Great
Britain, it generally does not deal with issues that fall within the remit of the Scottish Parliament.
282
Scottish Human Rights Commission, Strategic Plan 2008-2012, at p 24.
283
Scottish Human Rights Commission, Strategic Plan 2012-2016, Annex 2, at pp 18-21.
284
To be launched in summer 2013.
285
Scottish Human Rights Commission, ‘Scotland’s National Action Plan for Human Rights: Why Scotland
Needs a National Action Plan for Human Rights’ (2012).
286
In accordance with Scottish Commission on Human Rights Act (2006), s5(2).
287
See e.g. Scotland’s Commissioner for Children and Young People, Strategic Plan 2012-2016 (2012) at pp 7,
13 & 15
288
Commissioner for Children and Young People (Scotland) Act 2003, s5; & Scotland’s Commissioner for
Children and Young People, Strategic Plan 2012-2016 (2012) at pp 2 & 6.
289
BEMIS (above n 103) at p 10.
280
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Exam Number: 4141400
HRE committee would facilitate implementation of a national strategy for HRE and assist
with the sharing of good practice.290
6.4. Deficiencies of HRE within Formal Curricula
Perhaps most pertinent to the current research, and an issue that has been discussed in detail
above, is the final obstacle facing HRE in Scotland: that of deficiencies within educational
curricula. It is submitted that overcoming each of the above difficulties would still result in
an insufficient HRE regime without improved standards in the CfE, 291 as there is broad
consensus that for HRE to permeate formal education it must form a central feature of
educational curricula. 292
A number of teachers in this study suggested that stronger
curriculum guidance on HRE, and accountability for failure to translate that guidance into
teaching practice, would lead to improved standards. The fact that HRE does not occupy a
prominent position within the CfE encourages teachers to believe that it should not form a
central feature of their teaching.
Strengthening HRE in formal curricula, however, gives rise to a number of commonly cited
concerns. Firstly, there is arguably no space within the curriculum for the introduction of a
more comprehensive HRE regime.293 Teachers are already “overwhelmed by what they are
expected to achieve in terms of learning outcomes”, 294 and this is perhaps particularly so
under the CfE which is littered with E&Os. Any curricular increase in HRE would therefore
have to avoid increasing the burden upon already over-stretched teachers.
Secondly, some teachers worry that HRE would “fall between the cracks” 295 if it were to
permeate all curriculum areas and each level of education, for it would be easy for teachers to
assume that it had been addressed in another lesson or at a different stage of the children’s
290
UN General Assembly (above n 57) at para 35; UN General Assembly (above n 4) at pp 14-16; & Waldron
et al (above n 94) at p 57.
291
Gerber (above n 14) at p 178.
292
Hopkins (above n 54) at p 80; Amnesty International (above n 27) at p 5; UNICEF & UNESCO (above n 77)
at p 33; Covell & Howe (above n 100) at p 12; & UN General Assembly (above n 57) at para 3.
293
Waldron et al (above n 94) at p 6; & N Flowers & D A Shiman, ‘Teacher Education and the Human Rights
Vision’ in Andreopoulos & Claude (eds) (above n 51) at p 166.
294
Gerber (above n 210).
295
Gerber (above n 14) at p 257; & Gerber (above n 210).
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education.296 One teacher within this study indicated that “because the E&Os are so broad, it
is easy for teachers to tick them off without indicating what exactly the children have been
taught, and then the topic is gone for the next 2 years or so before it’s looked at again.”297
Finally, there is a concern that introducing tighter regulation of HRE would stifle creativity
and innovation, for whilst a basic understanding of the fundamentals must provide the
foundation for HRE, the dynamism of learning towards which it strives would be lost should
teachers become constrained by a prescriptive definition of how HRE is to be taught.298
6.4.1. Recommendations for Improvements
Though it appears to be widely accepted that HRE should be incorporated into every tier of
formal education299 and that the term ‘HRE’ must be explicitly used, 300 there is no further
consensus on the best way to incorporate HRE in educational curricula.301 Suggestions range
from infusing human rights elements throughout all curriculum subjects, to the development
of a freestanding HRE course. 302 Prevailing academic opinion seemingly tends towards
something of a hybrid approach in which HRE is taught not only as a freestanding topic, but
is also infused throughout all curriculum areas,303 as HRE is deemed to be “most effective
when understandings of human rights inform the entire education system”.304
A solution to the current paucity of HRE in the CfE is required, because until HRE forms a
more central feature of the curriculum, it is likely to remain present only in the classrooms of
296
Informal comment made by a Primary 7 teacher at BEMIS Human Rights Education and Active Citizenship
Conference, 27 October, Glasgow City Chambers.
297
Non-RRSA 1.
298
Gerber (above n 210); & Jennings (above n 15) at p 288.
299
UN General Assembly (above n 8), Article 3(2); G Alfredsson, ‘The Right to Human Rights Education’ in
Eide, Krause & Rosas (eds) (above n 91) at para 3.4; see also UNESCO, ‘World Plan of Action on Education
for Human Rights and Democracy’ (The Montreal Declaration) (1993) at section entitled ‘Levels of Action’;
Stone (above n 59) at p 539; & K Pritchard, ‘Political Science and the Teaching of Human Rights’ (1989) 11
Human Rights Quarterly 459 at p 459.
300
UNESCO and OHCHR (above n 13) at p 37, para 3.
301
E Dobozy, ‘Teaching Democracy and Human Rights: A Curriculum Perspective’ (2003) 27 Journal of
Australian Studies 31 at p 31.
302
Lohrenscheit (above n 50) at p 183; UN Commission on Human Rights, ‘The Role of Youth in the
Promotion and Protection of Human Rights’ (1976) Resolution 1B (XXXII) at para 1(c); & UNESCO &
OHCHR (above n 13) at p 39.
303
G Alfredsson, ‘The Right to Human Rights Education’ in Eide, Krause and Rosas (eds) (above n 91) at para
3.4; see also Gerber (above n 210); Lenhart & Savolainen (above n 42) at p 146; UNESCO (above n 32) at p 69;
& UNESCO (above n 299) at section entitled ‘Levels of Action’.
304
H Starkey, ‘The Universal Declaration of Human Rights and Education for Cosmopolitan Citizenship’ in
Waldron and Ruane (eds) (above n 28) at p 39; see also Hopkins (above n 54) at p 88-89.
Page 48 of 66
Exam Number: 4141400
those teachers with a personal interest in its development and dissemination. It is submitted
that stronger, but not excessively prescriptive, curriculum guidance (i) in specific subject
areas and (ii) under the ‘themes across learning’, is the only feasible route to improving HRE
in Scotland.
The aforementioned reservations about strengthening HRE in educational
curricula can be minimised through, for example, the use of resources designed specifically
to aid with infusing human rights into existing subjects, so that teachers understand that HRE
“is not so much about adding new material…as it is reinterpreting what currently exists”;305
and the introduction of procedures that enable teachers to record class progress in HRE from
year to year.
6.5. The Often Unspoken Reasons
Throughout the empirical elements of this research, additional reasons for the insufficiency of
HRE in schools have surfaced. Though not widely discussed within academic discourse, they
are perhaps more representative of the fundamental problems that lie at the root of the HRE
regime in schools than many of the explanations given prominence within the relevant
literature.
One teacher, for example, taught in a deprived area and expressed discomfort at teaching
idealistic rights to children whose human rights were unlikely to be respected within their
home and social environments.306 Another teacher echoed this sentiment with the assertion
that “HRE is simply teaching children cynicism”,307 and an NGO representative has reported
similar anecdotes both to the present researcher within this study and in relevant publications
on HRE.308
There was also a more general objection, voiced by 2 teachers, that human rights is too
controversial a topic for the learning environment.309 This seemed particularly to be the case
if the school was in a deprived area, with one teacher suggesting that “you’re quite worried
about bringing up difficult issues, especially when you don’t know what has gone on at home
305
Jennings (above n 15) at pp 294-295; see also OHCHR (above n 34) at p 6.
Non-RRSA 2; see similar findings in Horton (above n 233).
307
Informal comment made by a Primary 7 teacher at BEMIS Human Rights Education and Active Citizenship
Conference, 27 October, Glasgow City Chambers.
308
Hepburn (above n 12) at p 8.
309
Non-RRSA 1 & RRSA 1.
306
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Exam Number: 4141400
that morning before school”.310 These views are consistent with a recent study into student
teachers’ attitudes towards HRE in Scotland, which found that teachers are afraid of teaching
human rights and tend to steer clear of the issue altogether.311
Related to this is the final concern that if children do not have existing respectful attitudes
then they are more inclined to “demand their rights without realising their responsibilities”,312
which “can be a little bit daunting for teachers”.313 This problem was voiced by two teachers
who had experienced problems with children misunderstanding the concepts of respect and
responsibility inherent in human rights.314 Again, this discourages teachers from seeing HRE
as beneficial, and provides justification for their avoidance in implementing HRE.
6.5.1. Recommendations for Improvements
It is submitted that addressing the above difficulties with HRE would do much to avoid such
anxiety-based justifications for avoiding education about, through and for human rights.
With improved training and resources, increased government support and commitment, and a
solid foundation of HRE within educational curricula, teachers would better understand the
language of, and ideas behind, HRE, and thus dispel many of their concerns.
As emphasised to the researcher by representatives from two HRE organisations, it is naïve to
expect teachers to immediately embrace HRE when public opinion is influenced by a
predominantly negative media portrayal of human rights. 315 The challenge is therefore “to
get teachers to consider doing HRE in the first place and then support them in doing it”.316
310
Non-RRSA 1.
Horton (above n 233); see also Fritzsche (above n 56); & N Flowers & D A Shiman, ‘Teacher Education and
the Human Rights Vision’ in Andreopoulos & Claude (eds) (above n 51) at p 166. This was also raised as an
issue during an informal discussion between the present researcher and a representative from ScotDEC on 1
March 2012.
312
RRSA 3.
313
Non-RRSA 3; see also R B Howe & K Covell, ‘Miseducating Children About Their Rights’ (2010) 5
Education, Citizenship and Social Justice 91 at p 97; G Meintjes, ‘Human Rights Education as Empowerment’
in Andreopoulos & Claude (eds) (above n 51) at p 72; & Waldron et al, ‘Bringing Alive the Spirit of Human
Rights: Irish Teachers’ Understanding of and Disposition Towards Human Rights and Human Rights
Education’ in Waldron and Ruane (eds) (above n 28) at pp 165-166.
314
Non-RRSA 2 & RRSA 3; this point was also raised during an informal discussion between the present
researcher and a representative from SCCYP on 21 March 2012.
315
Information obtained through informal discussions between the present researcher and representatives from
(i) Amnesty International on 5 March 2012; & (ii) SCCYP on 21 March 2012; see also Scottish Human Rights
Commission (above n 285) at pp 11 & 17.
316
Information obtained through informal discussion between the present researcher and a representative from
Amnesty International on 5 March 2012.
311
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Only through an improved understanding of human rights, and of the correct interaction
between rights and responsibilities,317 will teachers accept that whilst teaching HRE can at
times be controversial and challenging, its rewards are significant.
7. CONCLUSION
Whilst not attaining the status of a binding legal instrument, the Declaration is nevertheless
indicative not only of the increasing prominence and importance of HRE on the world stage,
but also of the current standards of HRE expected by the international community. It codifies
a number of HRE provisions within existing legal instruments, thus offering “educators and
policy makers an opportunity to reassess national policies and priorities in the light of
international standards.” 318 The extent of compliance with the Declaration is thus an
invaluable gauge of the current standards of HRE in any given country.
The objective of this research was to determine the extent of Scotland’s compliance with
Article 2(2) of the Declaration as an indication of the conformity of its HRE regime with the
standards required under international human rights law. Compliance was measured on two
tiers, comprising: (i) theoretical assessment of the CfE to determine its conformity with
Article 2(2); and (ii) evaluation of the conformity of HRE in practice with Article 2(2), taking
into account whether the CfE drives practical HRE implementation.
Regarding the first tier, it is submitted that whilst HRE ideas and terminology do feature to
some extent within the CfE and its surrounding literature, all references are sparse and
lacking in the detail and specific guidance necessary to encourage teachers to incorporate
HRE into their classroom teaching. Therefore, though HRE is deemed by the Scottish
Government to be “embedded in the curriculum”, it is seemingly embedded to such an extent
that it has the potential to be largely overlooked. In particular, there is no express obligation
on teachers to educate about human rights and provide learners with the knowledge upon
which practical applications of education through and for human rights must be based.
317
See generally Howe & Covell (above n 313).
Email from Human Rights Education Associates Listserv entitled ‘UNDHRET – Taking Stock’ (received by
the author on 22 June 2012).
318
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Exam Number: 4141400
Where HRE is incorporated within the CfE, it comprises either sporadic references to ‘rights’
within the E&Os of the interdisciplinary topic of H&W and freestanding subjects such as
RME and Social Studies, or overarching obligations to infuse human rights concepts
throughout all subject areas under the Global Citizenship ‘theme across learning’. None of
these curriculum areas contains explicit guidance on the extent of HRE required or the means
for its effective incorporation, and therefore whilst the CfE does theoretically provide scope
for HRE, the absence of concrete teaching guidelines results in a regime that does not reflect
the holistic standards of HRE required by Article 2(2) of the Declaration.
The empirical research undertaken within this study to explore the extent of HRE in
classroom teaching was therefore efficacious for gauging whether Scotland may in practice
be compliant with Article 2(2). If teachers were not educating about, through and for human
rights, or were doing so for reasons external to the CfE, then Scotland would be falling below
the standards of HRE required by international human rights law. Though a researcher
should avoid pre-empting their research findings, after identifying the scarcity of HRE within
Scotland’s written curriculum it was difficult to foresee an empirical research finding that
would contradict any provisional thoughts that teachers could not possibly be implementing
HRE in their classroom teaching because it is so sparse within the CfE.
It is always refreshing, however, to be proven wrong.
The semi-structured interviews
undertaken with 4 RRSA and 4 non-RRSA primary 7 teachers indicated that, whilst neither
category of teacher was educating about human rights in conformity with Article 2(2)(a) of
the Declaration, RRSA schools were educating through human rights to a standard compliant
with Article 2(2)(b) and both categories were close to attaining the standards of education for
human rights envisaged by Article 2(2)(c). This finding was therefore suggestive of a rather
more efficacious HRE regime in classrooms than the researcher’s theoretical conclusions had
initially indicated.
Starkey has opined, however, that “to have any effect, HRE needs to take root in the
curriculum of schools and find teachers interested in taking it on”, 319 and the empirical
findings of this research suggest that Scotland provides an example of an education system
H Starkey, ‘Development Education and Human Rights Education’ in A Osler (ed), Development Education:
Global Perspectives in the Curriculum (1994) at p 21 [emphasis added]; see also Waldron et al (above n 94) at p
6.
319
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Exam Number: 4141400
that has seemingly embraced the latter, but in the absence of the solid bedrock of the former.
Teachers were incorporating HRE into their teaching not because of express obligations to do
so within the CfE, but rather on the basis of their own preferences and predilections.320 Many
teachers were induced to include elements of HRE in their teaching by influences external to
the curriculum, such as through school association with the RRSA programme or the
acquisition of HRE materials from organisations active in the field.
In the absence of comprehensive and concrete curricular guidance on educating about,
through and for human rights, it is encouraging that teachers seem to be incorporating
elements of HRE into their classroom teaching.
This is somewhat curious, given that
prevailing academic opinion tends to view incorporation of HRE into formal educational
curricula as the straightforward step and the introduction of human rights into classroom
teaching as the truly onerous task.321 Scotland has seemingly carried out the steps in reverse
order of difficulty.
This reverse order is, however, inherently problematic. Whilst the scope of this research
project is limited by sample size and geographic area, the findings do suggest that HRE
practices in Scottish classrooms are currently neither comprehensive nor couched in the
correct terminology or principles to comply with international human rights law. 322
For
example, whilst teachers are incorporating elements of HRE into their teaching, such as
drafting a class charter in accordance with education through human rights, or facilitating an
empowered pupil council in the spirit of education for human rights, those elements that rely
upon prior human rights knowledge and experience are almost entirely omitted from
classroom teaching. The CfE does not contain guidance specific enough to compel teachers
to impart human rights knowledge and, consequently, with the exception of a number of
references to the rights enshrined in the CRC, teachers are not educating about human rights.
The research findings indicate that the current disparate HRE regime, facilitated principally
through personal teacher interest and the advocacy work of relevant organisations, is
inconsistent with the holistic approach mandated by the Declaration. Pockets of activity
within education through and for human rights does not result in a HRE regime that conforms
320
See a similar research finding in Gerber (above n 14) at p 235.
Murphy & Ruane (above n 18) at p 307.
322
Waldron et al (above n 94) at p 4.
321
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Exam Number: 4141400
to Article 2(2), particularly in light of the widespread insufficiency of education about human
rights. As the CfE itself does not compel teachers to provide holistic HRE, Scotland is
failing to attain the standards required by international law.
For HRE to be truly effective, “teachers need to have direction from the government that it
wants them to teach HRE and that they will be supported with proper resources”. 323 Such
direction will result only from a more consistent national approach that serves to address the
current barriers to HRE in Scotland. This involves: (i) improving teacher training at prequalification and CPD level; (ii) producing Government-drafted HRE resources linked to the
CfE; (iii) encouraging stronger political commitment to HRE through increased awareness
and promotion of initiatives such as the World Programme and the Declaration, including the
establishment of a national HRE committee; and (iv) providing explicit and clear guidance
within the formal curriculum that compels teachers to incorporate HRE in their classrooms.
Were this to happen, a number of the common misconceptions and personal reservations
about human rights that currently prevent teachers from embracing HRE would be addressed,
and teacher confidence in the delivery of education about, through and for human rights
would be significantly improved. Teachers would be aware of their obligations in this area
because they would experience continuous training in HRE; their school resources would
reflect human rights ideas and link explicitly to the relevant CfE areas; they would be
regularly exposed to HRE through its promotion at government level; and their obligations
would be clearly expressed within the CfE. In other words, HRE would truly permeate the
Scottish educational regime.
If the words of Scotland’s Commissioner for Children and Young People are correct, then
“we’re sitting in a place now where it’s just not going to go backwards, but there’s an
enormous way to travel to get to where we want to be”.324 The Scottish Government must
therefore gauge exactly how far it has to travel, and the means by which it will make that
journey, before the education regime under the CfE will adequately reflect education about,
through and for human rights to a standard compliant with international human rights law.
323
Information obtained through informal discussion between the present researcher and a representative from
Amnesty International on 5 March 2012.
324
Quote from Tam Baillie, Scotland’s Commissioner for Children and Young People, said to the present
researcher on 21 March 2012.
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Exam Number: 4141400
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UN Human Rights Council, ‘Report of the Advisory Committee on its Second Session’
(2009) (A/HRC/AC/2/2)
UN Human Rights Council, ‘National Report Submitted in Accordance with Paragraph 15(a)
of the Annex to Human Rights Council Resolution 5/1: United Kingdom of Great Britain and
Northern Ireland’ (2008) (A/HRC/WG.6/1/GBR/1)
UN Human Rights Council, ‘United Nations Declaration on Human Rights Education and
Training’ (2007) (Resolution 6/10)
UNICEF and UNESCO, ‘A Human Rights-Based Approach to Education’ (2007)
Other Materials
Amnesty International, ‘Comment on the Preliminary Draft of the UN Declaration on Human
Rights Education & Training’ (November 2009)
Black and Ethnic Minority Infrastructure in Scotland, ‘Human Rights Education: Theory and
Practices’ (2011)
Centre for Human Rights and Citizenship Education, St Patrick’s College, ‘Framework for
Initial Teacher Education with Supporting Tools: Developing Models of Good Practice in
Initial Teacher Education’ (2007)
Council of Europe, ‘Charter on Education for Democratic Citizenship and Human Rights
Education’ (2010) (Recommendation CM/Rec(2010)7)
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Exam Number: 4141400
Council of Europe, ‘Recommendation on Teaching and Learning About Human Rights in
Schools’ (1985) (Recommendation R(85)7)
Equality and Human Rights Commission, ‘Our Human Rights Strategy and Programme of
Action (2009-2012)’ (2009)
Equitas – International Centre for Human Rights Education, ‘Response to Preliminary Draft
of the UN Declaration on Human Rights Education & Training’ (October 2009)
P Gerber, ‘The 4th R – Human Rights Education’, paper presented at Monash University in
2006 (available at http://www.law.monash.edu.au/castancentre/events/2006/conf-06-gerberpaper.html)
Human Rights Education Associates Listserv, email entitled ‘UNDHRET – Taking Stock’
(received by the author on 22 June 2012)
Human Rights Education Associates, ‘Response to Preliminary Draft of the UN Declaration
on Human Rights Education & Training’ (October 2009)
Human Rights Resource Centre, ‘The Human Rights Resource Centre: Effective Practices for
Learning, Action, and Change’ (2000) (available at:
http://www1.umn.edu/humanrts/edumat/hreduseries/hrhandbook/toc.html)
International Development Education Association of Scotland, ‘Stride’ (Autumn/Winter
2008-09)
International Development Education Association of Scotland, ‘Resources for Scottish
Education: Essential Materials for All Ages Supporting Global Citizenship’ (2008)
International Service for Human Rights, ‘Draft Declaration on Human Rights Education Fails
to Fully Acknowledge Defenders’ Role’ (available at: http://www.ishr.ch/council/376council/1026-draft-declaration-on-human-rights-education-fails-to-fully-acknowledgedefenders-role)
Learning and Teaching Scotland, ‘Developing Global Citizens Within Curriculum for
Excellence’ (2011)
Organisation for Security and Co-operation in Europe (OSCE) et al ‘Human Rights
Education in the School Systems of Europe, Central Asia and North America: A
Compendium of Good Practice’ (2009)
Oxfam, ‘Global Citizenship Guides: Getting Started with Global Citizenship: A Guide for
New Teachers’ (2008)
Oxfam, ‘Oxfam in Scotland Manifesto 2007’ (2007) (available at:
http://www.oxfam.org.uk/education/policy/scotland/files/oxfam_in_scotland_manifesto.pdf)
Oxfam, ‘Global Citizenship Guides: Teaching Controversial Issues’ (2006)
Page 63 of 66
Exam Number: 4141400
Scotland’s Commissioner for Children and Young People, ‘Strategic Plan 2012-2016’ (2012)
Scottish Government, ‘National Report to the Office of the United Nations High
Commissioner for Human Rights Regarding Implementation of the First Phase of the United
Nations World Programme for Human Rights Education’ (2010) (available at:
http://www2.ohchr.org/english/issues/education/training/docs/replies/UK_Questionnaire_15
April2010.pdf)
Scottish Government, HM Inspectorate of Education, Scottish Qualifications Authority &
Learning and Teaching Scotland, ‘Curriculum for Excellence Guidance Folder’ (2009)
Scottish Human Rights Commission, ‘Strategic Plan 2012-2016’ (2012)
Scottish Human Rights Commission, ‘Annual Report 2010/2011’ (2011)
Scottish Human Rights Commission, ‘Strategic Plan 2008-2012’ (2009)
Teachers Without Borders, ‘Webinar: UN Declaration on Human Rights Education and
Training’ (8 February 2012) (panel recording, available at:
https://twb.webex.com/ec0605lc/eventcenter/recording/recordAction.do;jsessionid=MBZ0PF
zJLBrDDPnyb6nfjjyDL9kcBkf7cZ3725BJJG9KVDQDS9cB!204920528?theAction=poprec
ord&actname=%2Feventcenter%2Fframe%2Fg.do&apiname=lsr.php&renewticket=0&renew
ticket=0&actappname=ec0605lc&entappname=url0107lc&needFilter=false&&isurlact=true
&entactname=%2FnbrRecordingURL.do&rID=57065757&rKey=e74ba2d2f1aa5c8d&record
ID=57065757&rnd=3987645628&siteurl=twb&SP=EC&AT=pb&format=short)
F Tibbitts, ‘International Developments in the Field of Human Rights Education’,
Comparative and International Education Society Newsletter, Number 151 (September 2009)
(available at: http://www.cies.us/newsletter/sept%2009/Tibbits.html)
UNICEF, ‘Rights Respecting Schools Award Standards (2010) (available at:
http://www.unicef.org.uk/Documents/EducationDocuments/Standards_RRSA.pdf?epslanguage=en)
Page 64 of 66
Exam Number: 4141400
University of Edinburgh, School of Law
Self-audit checklist for level 1 ethical review (consult the School’s ethical policy before completing
this form)
Audit to be conducted by investigator (for undergraduate and postgraduate students by the student and
supervisor in discussion)
Title of Project: ‘Human Rights Education in Scottish Primary Schools under the Curriculum for
Excellence: Compatible with the United Nations Declaration on Human Rights Education and Training?’
Complete this form IF you intend to conduct empirical research (in the senses outlined in the School’s draft
ethical policy), gather and/or store personal data on living or recently deceased persons, or utilize any
information not otherwise in the public domain from which individuals might in principle be identified. If in doubt
complete the form.
Section 1: Protection of research subject confidentiality and consent
Are you able to give undertakings of confidentiality and anonymity to anyone who
participates in your research without exception?
YES (unless
otherwise
agreed with
participant)
Note: This guarantee includes both individuals and organizations (such as companies or public
bodies). If in doubt go to level 2.
Data protection and consent
Can you affirm that all reasonable steps have been taken to ensure that anyone participating
in your research (for example by being interviewed) has given their informed consent?
For example: have you sent a prior letter or given respondents a consent form as appropriate?
Can you affirm that to the best of your knowledge and belief there are no problems
regarding data storage, data handling, security, privacy or consent arising from this
research?
For example: will personal data be held about respondents and if so have you taken reasonable
steps to ensure its security?
Are there special issues about confidentiality/informed consent in this case?
Is research compliant with University Data Protection procedures (See
www.recordsmanagement.ed.ac.uk))?
Moral issues and Researcher/Institutional Conflicts of Interest
Can you affirm that to the best of your knowledge and belief no institutional or personal
conflicts of interest arise from this research and that no special moral difficulties arise from
the methods adopted?
For example: Might the researcher be compromising research objectivity or independence in
return for financial or non-financial benefit for him/herself or for a relative of friend?
Are there particular moral issues or concerns that may arise, for example where the purposes
of research are concealed, where respondents are unable to provide informed consent or where
research findings impinge negatively/differentially upon the interests of participants?
YES
YES
YES
If you answered NO to any of the above go to level 2 assessment NOW.
Section 2: Potential physical or psychological harm, discomfort or stress
Is there SIGNIFICANT FORSEEABLE POTENTIAL FOR PSYCHOLOGICAL HARM OR STRESS
TO PEOPLE PARTICIPATING IN THIS RESEARCH?
Is there SIGNIFICANT FORSEEABLE POTENTIAL FOR PHYSICAL HARM OR DISCOMFORT
Is there SIGNIFICANT FORSEEABLE PHYSICAL OR EMOTIONAL RISK TO THE
RESEARCHER(S)
If you answered YES to any question in section 2 go to level 2 assessment NOW.
Overall assessment: Self audit has been conducted and confirms that there
are NO REASONABLY FORESEEABLE ETHICAL RISKS
NO
NO
NO
YES
Signed……………………………………………………………………………… Date…………………………
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Exam Number: 4141400
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