Taking away phones during school hours not a human rights violation: watchdog

The National Human Rights Commission of Korea ruled that taking away students’ mobile phones at high schools during school hours is not a violation of human rights, reversing its stance after 10 years.

The decision was made Monday at a meeting where all 10 commissioners were present to deliberate on a petition filed by a high school student last year, according to local media.

Eight commissioners voted to reject the petition, which claimed that the school’s policy on collecting mobile phones was a violation of human rights.

The majority of the commission reportedly felt that teachers suffer when students disturb classes by taking pictures or video without their consent.

Furthermore, the right of teachers to teach should be prioritized over any right of students that might be infringed by taking their phones, they said.

The two commissioners who supported the petition were concerned that the no-phones policy excessively restricts students’ freedom of expression. They also argued that the students themselves should be responsible for regulating the use of phones at school, saying that the devices are a tool to generate, maintain and develop social relations.

Before the latest decision, the NHRCK had ruled that the taking away of mobile phones violated the human rights of students in 307 similar cases since 2014.

Korean Federation of Teachers' Associations welcomed the decision on Tuesday in a statement, saying the NHRCK gave proper appreciation to the special nature of education, the realities of school life and the right of teachers to discipline students.

However, some human rights groups criticized the decision for putting more emphasis on order in schools than on students’ human rights.

Meanwhile, the NHRCK denied that the decision would affect other cases, including around 70 similar pending cases, saying decisions can differ based on the circumstances of each case, according to local media.