Don’t suspend pupils for uniform infringement, says commissioner

Don’t suspend pupils for uniform infringement, says commissioner

Reacting to recent controversy over the ban on female students wearing skirts in three States secondary schools, Deborah McMillan said that she agreed with Education Minister Tracey Vallois that children should have a ‘voice’ in determining what they wore to school.

But Jersey’s first Children’s Commissioner, who was appointed earlier this year following the recommendations of the Independent Jersey Care Inquiry, added that disciplining children for minor uniform breaches by suspending or isolating them would infringe upon their ‘fundamental right to education’ as set out in the United Nations Convention on the Rights of the Child.

She added that it was ‘never appropriate’ to isolate or suspend pupils for small infringements of school rules in general.

Last year, the States Assembly unanimously passed a proposition, lodged by Deputy Louise Doublet, calling for all new laws in Jersey to comply with the UNCRC and for public sector staff to receive training on it. Mrs McMillan said that the convention did not address the matter of school uniform but the rights of the child must be considered when putting together and enforcing dress-code policies.

‘As the Children’s Commissioner for Jersey it is my duty to safeguard and promote the rights and best interests of children and young people,’ said Mrs McMillan.

‘The UNCRC does not address such issues as school uniforms and dress codes in schools. It is up to governments and school officials in each country to determine whether, in the context of their society and existing laws, such matters infringe upon other rights protected by the convention.

‘School uniforms are determined by individual schools who set out their own uniform requirements and associated policy.’

She added: ‘I would advise schools reviewing their school uniform policies should ensure that the views and voices of pupils, their parents and carers are heard and to show flexibility and common sense in the application of the policy – UNCRC Article 12 [right of freedom to express views].’

The commissioner also said that she would be concerned if schools were considering disciplining pupils for minor uniform infringements in ways that would restrict their access to learning.

‘That would be wrong and infringes on a child’s fundamental right to education – UNCRC article 28,’ she said. ‘It is never appropriate to isolate or suspend pupils for minor infringements of school rules, such as breaches of uniform rules, especially where such rules are more likely to disadvantage one gender, or certain ethnic groups, faiths or cultures.

‘A breach of the school uniform policy must be met with proportionate discipline that does not breach the rights of a child.’

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