[Congressional Record (Bound Edition), Volume 147 (2001), Part 7]
[Extensions of Remarks]
[Pages 9130-9132]
[From the U.S. Government Publishing Office, www.gpo.gov]



                 UNIVERSAL DECLARATION OF PUPIL RIGHTS

                                 ______
                                 

                        HON. MAURICE D. HINCHEY

                              of new york

                    in the house of representatives

                         Tuesday, May 22, 2001

  Mr. HINCHEY. Mr. Speaker, a group of students from Kingston, New York 
have spent a

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good part of the past couple of years working with a students from St. 
Petersburg, Russia to draft a document that catalogs a set of universal 
rights of students. The program from which they are working is 
administered by the Center for Civic Education, which promotes 
worldwide community participation.
  The students in my district have been communicating with the students 
in St. Petersburg mostly by Internet, but have had personal exchanges 
as well, both in Russia and in New York. In comparing their educational 
stories, the students found that they shared similar experiences and 
held common opinions about problems that young people were faced with 
at either ends of the world. They decided it was time to document 
certain rights that they believed to be applicable to students around 
the world. The end result is the Universal Declaration of Pupil Rights.
  The students will soon be meeting with representatives of the United 
Nations to present their document. In recognition of the efforts that 
were put into creating this important document and because I firmly 
believe that all young people should be afforded certain rights that 
guarantee an appropriate education, I would like to take this 
opportunity, Mr. Speaker, to submit the Universal Declaration of Pupil 
Rights in the Record so that it may receive an appropriate level of 
attention.

                 Universal Declaration of Pupil Rights


                                PREAMBLE

       Recognizing the fact that educational institutions are 
     necessary to prepare pupils to become positive, confident, 
     and efficient members of society,
       Taking in due account the importance for the child to 
     receive education in a manner conducive to the child's 
     harmonious development,
       Bearing in mind that pupils are to be taught in the spirit 
     of the ideals proclaimed by the United Nations and in 
     particular in the spirit of peace, dignity, tolerance, 
     freedom, equality, and solidarity,
       Considering the fact that the opportunity to receive better 
     education will help countries better uphold their obligations 
     under the Charter of the United Nations, thus promoting 
     universal respect for human rights and freedoms,
       Recognizing past indifference to and disrespect for pupil 
     rights have resulted in inhumane treatment and aggression 
     towards pupils from persons and nations,
       Due to the fact that the school is considered to be a 
     special territory where the child's rights are not 
     applicable, resulting in the regular violation of the rights 
     already established in other United Nations documents,
       Understanding that the enumeration in the Declaration shall 
     not be construed to deny or disparage other rights retained 
     by the people,
       The UN General Assembly proclaims this Declaration of the 
     pupil's rights as a standard of achievement for all peoples 
     and all nations in order to secure the pupil's rights and 
     freedoms at school and in its territory.

                               Article 1

       For the purposes of the present Declaration, a pupil shall 
     mean every individual, without discrimination of any kind as 
     to race, color, sex, language, religion, political or other 
     opinion, national or social origin, property, birth or other 
     status, who is attending a sanctioned institution of 
     learning. Hereinafter referred to as the school, for the 
     purpose of acquiring knowledge.

                               Article 2

       1. Everyone is entitled to all the rights and freedoms set 
     forth in this Declaration without distinction of any kind, 
     such as race, color, sex, language, religion, political or 
     other opinion, national or social origin, property, birth, or 
     other status.
       2. Every pupil shall have the freedom to exercise his 
     rights provided he does not offend public moral, religious, 
     and other feelings, violate the rights of other people, 
     damage their health, or hamper the learning process.

                               Article 3

       1. Every pupil shall have the right to freedom of thought, 
     opinion, and speech.
       2. Every pupil shall have the right to freedom of belief 
     and religion. No pupil can be forced to participate in 
     religious or other ceremonies. Every pupil shall have the 
     right to exercise his religious ceremonies when that does not 
     hamper his studies.
       3. Every pupil shall have the right of freedom of self 
     expression, including:
       (a) The right to decide his appearance;
       (b) The right to freedom of creativity.
       4. Every pupil shall have the right to freedom from 
     exploitation. Nobody can use either physical or intellectual 
     labour of a pupil without his consent.

                               Article 4

       1. Everyone has the right to education. Education shall be 
     free, at least in the elementary and fundamental stages. 
     Elementary education shall be compulsory.
       2. Every pupil shall have the right to receive high-quality 
     and complete education, including:
       (a) The right to be taught by certified teachers;
       (i) Standards for certification shall be set by the State;
       (b) Free access to informational resources, including 
     textbooks granted by the state;
       (i) Textbooks must contain accurate and reasonably up-to-
     date information;
       (c) Equal access to the technological resources available 
     in the school that are designated for student use;
       (d) The right to study the mother tongue;
       (e) Assistance to foreign pupils with learning the new 
     language and help with coursework in this language;
       (f) Knowledge of the State's minimum compulsory educational 
     requirements;
       3. Every pupil shall have the right to attend the school on 
     all school days and to attend all lessons, unless 
     disciplinary action has to be taken requiring the removal of 
     the pupil from the school day.

                               Article 5

       Every pupil shall have the right to receive education in 
     the conditions that are required for healthy, adequate, and 
     high-quality education. Therefore, the following is to be 
     provided:
       1. A healthy atmosphere in the school, which shall include:
       (a) High quality and timely medical aid, which is to be:
       (i) Available to every pupil free of charge;
       (ii) Available during all school hours;
       (iii) Provided by a professional, licensed practitioner;
       (b) Cleanliness of the educational premises and its 
     territory;
       (c) Sufficient natural and artificial lighting;
       (d) Maintenance of a low noise level;
       (e) Maintenance of a comfortable air temperature;
       (f) Healthy and high-quality catering and adequate time 
     intervals for eating;
       (i) It should be available at reduced cost for pupils with 
     financial difficulties;
       2. A structurally sound building, including:
       (a) The absence of harmful substances that are integrated 
     within the building in levels that is detrimental to the 
     pupil's health;
       (b) Working System to dispose of waste;
       (i) Lavatory facilities are to be designed for private or 
     individual use and with the health of the user in mind
       (c) An adequate ventilation system;
       If the school cannot observe any of these terms within 
     reason, the school administration is to bring forward for 
     discussion the matter of suspending studies until the problem 
     is resolved
       3. A safe environment:
       (a) States Parties shall take all appropriate measures, 
     including legislative, administrative, racial and educational 
     measures, to protect children from the illicit use of 
     narcotic drugs and psychotropic substances in the learning 
     environment.
       (b) States Parties shall take all appropriate measure, 
     including legislative, administrative, social and educational 
     measures, to protect children from the illicit use of 
     weapons.
       (c) States Parties undertake to protect the children from 
     all forms of sexual exploitation and sexual abuse. For theses 
     purposes, States Parties shall in particular take all 
     appropriate national, bilateral, and multilateral measures to 
     prevent:
       (i) The inducement or coercion of a pupil to engage in any 
     unlawful sexual activities;
       (ii) The exploitative use of children in prostitution or 
     other unlawful sexual practices
       (iii) The exploitative use of children in pornographic 
     performances and materials
       (d) School officials must ensure that no unauthorized 
     solicitation occurs on school grounds.
       (e) School officials must take all possible measures to 
     prevent physical harassment or abuse.
       (f) School officials must take all possible measures to 
     prevent verbal harassment or abuse.

                               Article 6

       1. Every pupil shall have the right to safety and 
     protection of his property in the territory of the school.
       2. Every pupil shall have the right to be present at the 
     examination, search and/or confiscation of his personal 
     property;
       (a) The procedure for these actions shall be established by 
     the school and conducted only by authorized persons;
       (b) There is to be an accurate list of items, which can be 
     confiscated, including weapons, alcohol, drugs, and other 
     items dangerous to the well being of others. Pupils and their 
     guardians shall be made aware of the specifications of this 
     list.
       3. Under any other circumstances it is to be forbidden to 
     examine, search, and/or confiscate the pupil's property in 
     the territory of the school.

                               Article 7

       1. Every pupil shall have the right to be treated with 
     respect for his personality without:
       (a) Public or private degradation which might have 
     physical, mental, or other impacts on the pupil;
       (b) The discussion of the pupil's personality of his 
     behavior.
       2. Every pupil shall have the right to the confidentiality 
     of his private life, including:

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       (a) The right to the confidentiality of his correspondence;
       (b) The right not to give public explanations;
       (c) The right to maintain friendly relations with any other 
     pupil;
       (i) School faculty may not prohibit pupil's social 
     interactions provided the learning process is not 
     interrupted;
       (d) The right to have the assessment and content of his 
     work remain private unless the pupil gives consent.

                               Article 8

       Every pupil shall have the right to rest and leisure, 
     including:
       1. The right to reasonable limitation of the number of 
     lessons per day;
       (a) Duration of intervals between lessons is not to be 
     reduced by teachers;
       2. The right to periodic holidays.

                               Article 9

       Pupils shall have the right to set up and distribute mass 
     media. Mass media shall be independent and shall have the 
     right from freedom of speech and press.

                               Article 10

       1. Every pupil shall have the right to participate in the 
     school government, as well as the right to participate in the 
     development of the school rules and a student bill of rights 
     specific to their school.
       2. The pupils shall have the right to establish a school 
     council, and every pupil shall have the right to participate 
     in its activity. The school council shall be formed through 
     the election of representatives from every form.
       3. Every pupil and his parents or guardian shall have the 
     right to be informed about all rules which regulate school 
     life, including:
       (a) Criteria under which school marks are given;
       (b) Attendance policies;
       (c) Requirements to the content and execution of subject 
     matter.
       4. Pupils shall have the right to the freedom of peaceful 
     meetings and associations. Nobody can be forced to join an 
     organization.

                               Article 11

       1. All pupils shall have the right to learn about world 
     history from an unbiased perspective.
       2. Pupil's curriculum is not to include propaganda.

                               Article 12

       All pupils shall have the right to personal, professional, 
     and academic counseling.
       (a) Information imparted during counseling session is to 
     remain confidential between pupil and counselor, unless the 
     safety of the pupil or another person is in question;
       (b) Counselors shall meet standards of certification set by 
     State.

                               Article 13

       Pregnant pupils, pupils who are parents, or pupils 
     responsible for younger children have the right to continue 
     their education.
       (a) State and school shall provide assistance with 
     childcare.

                               Article 14

       1. All pupils shall have the right to select courses of 
     study outside of the mandatory curriculum if such courses 
     and/or activities exist.
       2. Supplementary courses recommended by the teacher shall 
     not become mandatory, shall not affect final grades, and 
     shall be free.
       (a) All compulsory material shall be taught during 
     compulsory classes.

                               Article 15

       1. Every pupil shall have the right to be treated without 
     discrimination by the teachers, school administration, pupils 
     and their parents, and school employees, irrespective of the 
     pupil's or his family member's race, sex, age, religion, 
     political or other opinion, property status, state of health, 
     or other circumstances.
       2. Every pupil with physical and/or mental disabilities 
     shall have the right to attend the same school as pupils who 
     do not share their disabilities. The school must provide for 
     their needs accordingly.
       3. Every pupil shall have the right to equal, unprejudiced, 
     and fair treatment when marks are given, and benefits and 
     duties distributed.

                               Article 16

       All pupils shall have the right to a just disciplinary 
     procedure.
       1. All pupils shall have the right to due process;
       2. Every student has the right to an appeals process.

                               Article 17

       Every pupil shall have the right to be informed of his 
     rights, including but not limited to those stated in such 
     documents as the Universal Declaration of Human Rights, the 
     European Convention on the Rights of the Child, the 
     Convention on the Rights of the Child, the constitution of 
     his own country, and this Declaration of the Pupil's Rights.

                               Article 18

       Nothing in the present Declaration shall affect any 
     provisions which are more conducive to the realization of the 
     rights of the pupil and which may be contained in:
       1. The law of a State party;
       2. International law in force for that State.

       

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