Civics education and participation

Introduction

10.6 Children are often disadvantaged in their dealings with institutions and adults because they have little understanding of their rights and responsibilities, of the government services or complaints mechanisms available and of the roles and functions of different participants in the legal system.^[7]

10.7 In partnership with families, schools should play a central role in teaching children about their rights and responsibilities in a liberal democratic society. This should assist in the development of a politically aware population and make children more effective in dealing with legal processes as juveniles and as adults.

10.8 Young people participating in focus groups repeatedly commented on the need for schools to place more emphasis on teaching life skills. This was seen as a way of enabling children to deal with their problems effectively rather than resorting to anti-social or offending behaviour.^[8]

Civics, citizenship and participation

10.9 In May 1997 the federal Government announced that from 1999 all school students in years 4 to 10 will take compulsory lessons in civics and citizenship. The national civics program, Discovering Democracy, will include material on principles of democracy, the development of the Constitution and the responsibilities of different levels of government.^[9] This is an important initiative.^[10]

10.10 Information about the Australian political system should be complemented by material on human rights, particularly on children’s rights and responsibilities.^[11] This includes their rights and responsibilities in relation to education and under CROC.^[12] The majority of respondents to our survey stated that young people are not given enough opportunity to learn about their rights. Almost 65% said this information should be conveyed through school courses.^[13]

Some people can learn the basics from movies and books but others don’t learn anything.^[14]

10.11 As the NSW Ombudsman has stated, ‘the best way to learn is to do’.^[15] Children should be encouraged to participate appropriately in school decision making processes and in school dispute resolution such as peer mediation programs.^[16] Obviously this does not mean relieving schools of responsibility for students but simply recognising the benefits of involving children in decisions and problems that affect them. Practical experience of mediation and negotiation should be excellent preparation for dealing with formal legal processes.

10.12 Some submissions to the Inquiry oppose schools educating children about their rights because they fear young people will use the information against their parents.^[17] Similar trepidation was demonstrated by a number of schools when they banned distribution of the National Children’s and Youth Law Centre’s community education package for students, ‘Know your rights at school’.^[18]

10.13 Teaching children about their rights and responsibilities in school and in the wider community is probably more likely to bolster parents’ and teachers’ authority than undermine it. Like most adults, children will generally be more willing to follow rules they understand and can see the need for.

10.14 The Inquiry considers that guidelines on national best practice for student participation in school decision making should be developed. A handbook for teachers and students explaining the guidelines should be prepared and distributed to all schools in Australia.^[19]

Teaching tolerance and combatting violence

10.15 Formal education provides an opportunity for children to develop social skills and learn about religions and cultures different from those of their own family. This aspect of schooling is highlighted in article 29(1)(d) of CROC which provides that education shall be directed to the

… preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin.

10.16 School violence, between students or involving teachers, can impede the development of these social skills, interferes with scholastic achievement and is of considerable concern to the community.^[20] A 1994 House of Representatives Standing Committee on Employment, Education and Training report confirmed the serious consequences of school violence.

School violence deprives all who fall victim to it of their right to an education. Children who were seriously victimised suffered greatly, often not only physically but also psychologically through a generalised fear of others, low self esteem and depression. The damage persisted in some cases into adult years…Violence resulted in low self esteem, truancy, illness, stress, tiredness, disruptive behaviour, lack of concentration and an inability to form relationships. It also reduced a student’s ability to achieve academically and socially.^[21]

Responsibility for ensuring that school violence does not impede children’s development lies with families, educational institutions and students themselves.^[22] To combat playground bullying, harassment and violence students must be taught respect for difference and given dispute resolution skills.^[23]

10.17 Students who are the target of violence often leave school altogether. This seriously compromises their employment prospects.^[24]

[R]esearch… indicates that violence against lesbian and gay students has consequences such as truancy and dropping out of school.^[25]

Often these children then spend the majority of their time on the streets where they are at increased risk of contact with the care and protection and/or juvenile justice systems.^[26] Playground intimidation can also have serious health consequences. New research on the effects of harassment at school confirms that bullied students are at greater risk of suicide than their peers even where they have strong family support.^[27]

[A] social environment which engenders or for that matter does very little to stop the miserable practice of bullying is one in which the mental health of many vulnerable children must be greatly at risk.^[28]

10.18 School violence can be dealt with through existing external legal processes to some extent. Serious assaults can be referred to the police and students may be able to pursue civil actions against schools that fail to protect them from harassment.^[29] Preventive programs and school-based anti-bullying policies are necessary to address the problem and may be more effective in diverting students from adverse contact with formal legal processes.^[30] They are also an effective means of instilling a sense of responsibility in students.

10.19 NCAVAC recently announced by the Prime Minister will fund 10 pilot projects aimed at reducing and preventing crime.^[31] Several of the projects will focus on youth crime prevention although none will specifically address playground violence.^[32] The information kit released for the launch of the campaign acknowledges the fact that aggressive children tend to become aggressive adolescents: ‘[a]nti-bullying programs in schools can help prevent subsequent offending.’^[33]

10.20 Many schools have introduced initiatives to reduce the incidence of harassment and assault on school premises. These include teaching students about the hurtful effects of harassment and encouraging peer mediation of disputes.^[34] In 1995 the NSW Standing Committee on Social Issues recommended that the Minister for Education ensure that sufficient resources are available to schools to enable them to function as models of co-operative, tolerant and non-violent communities. In achieving these goals it recommended that schools

• provide programs which foster tolerance and acceptance

• offer integrated programs which provide skills in acceptable problem solving behaviour

• work to eliminate the destructive practices of bullying

• support students exhibiting problem behaviours through appropriate means and environments with the well-being of all students being paramount.^[35]

The Inquiry endorses these principles. NCAVAC should conduct a specific project aimed at reducing school violence. The Campaign should evaluate the benefits for youth crime prevention of antibullying policies, anti-harassment policies, peer mediation and peer support schemes and establish benchmarks in each of these areas.