The biggest extension of rights in Europe? Needs,rights and children with additional support needs in Scotland

ABSTRACT

The Education (Additional Support for Learning) (Scotland) Act 2004 boosted the rights of parents of children with additional support needs (ASN) by improving access to information, instituting a Code of Practice and establishing new redress mechanisms such as the ASN Tribunal and independent mediation. More than a decade later, Scottish legislation enacted in 2016 and implemented in 2018 attempted to increase children’s rights, broadly placing them on a par with those of parents and young people. This paper draws on data from an ESRC project entitled Autonomy, Rights and Children with Special Needs: A New Paradigm? (ES/P002641/1). Analysis of Scottish Government policy and legislation, key informant interviews and official statistics are used to examine the extent to which the new rights are likely to be realised in practice, given the complexity of the legislation and competition between discourses of needs, broadly synonymous with the wellbeing agenda and rights. The paper concludes with a discussion of the lessons which may be learnt from the Scottish experience, which will be of interest to an international audience.     

Human rights within education: assessing the justifications

While respect for human rights has long been endorsed as a goal of education, only recently has significant attention been paid to the need to incorporate rights within educational processes. Current support for human rights within education, however, has a variety of motivations. This paper provides a theoretical exploration of these diverse justifications, leading to a normative proposal. A distinction is made between status-based and instrumental approaches. Human rights within education can be justified from a status-based perspective on the basis of their indivisibility, meaning that the right to education must not entail an infringement of other rights. Yet while rights-respecting environments are important sites of learning, instrumental justifications can be a source of concern, if the goals in question are irrelevant or inimical to the enhancement of rights. An argument, therefore, is put forward for a simultaneous realisation of embodiment of and opportunity for learning about human rights.     

Autonomy,rights and children with special educational needs: the distinctiveness of Wales

ABSTRACT

Wales was the first UK country to incorporate the UNCRC into domestic law and the first to appoint a children’s commissioner. Wales is distinctive in the strong links between education and the promotion of the Welsh language as evidenced in successive Welsh language strategies. With regard to children with special educational needs, the 2018 Additional Learning Needs and Educational Tribunal Act makes provision for children’s voices to be heard in their own right. This paper examines the complexities in hearing the voices of children with severe and profound learning difficulties (SPMLD), and how these can be addressed in the language context of Wales. It concludes that there are cautious grounds for optimism about our ability to hear the views of children with SPMLD, as long as we are prepared to acknowledge the resource implications. However, there is a need for more debate about the potential tensions between the Welsh language strategy and making provision for children with special educational needs in their preferred language. This debate needs to be informed by research on the impact of immersion education on progress, access to the curriculum and inclusion for children with SPMLD, and on their views about all aspects of their provision.     

Tiering in the GCSE: A children’s rights perspective

This article presents findings on students’ views and experiences of tiering in Northern Ireland and Wales from a children’s rights perspective. It considers the extent to which tiering fulfils the rights to education, best interests, non-discrimination, and participation under the Convention on the Rights of the Child. It emphasises that while the majority of students were supportive of tiering, their responses highlighted a range of negative effects of tiering on students taking foundation tier. Students described the impact of being placed in the foundation tier on their self-esteem and relationship with their peers, indicating that being allocated to foundation tier can have a labelling effect. Students who were taking foundation papers, or a mixture of foundation and higher-tier papers, were more likely than those taking higher-tier papers to report that they wanted to change tier and to raise issues overall regarding tiering. Furthermore, students who were faced with these difficult choices often had a poor understanding of several aspects of tiers. The article argues that alternative forms of differentiation should be considered, and presents students’ perspectives on some of these. It argues that we must ensure that young people have a good understanding of tiering and that their views and experiences of tiering are taken into account when considering further reforms to GCSEs.     

The performative turn in the assessment of student learning: a rights perspective

Active learning and group-based processes in higher education are central to student engagement strategies. Forms of assessment regarded as evidencing student engagement, including attendance, class participation grading and group-based projects, have become commonplace in the university curriculum on an international basis. Whilst the literature has focused on evaluating such forms of assessment in terms of learning gain, analysis of their impact from a student rights perspective has been largely overlooked. This paper will analyse student perspectives of three forms of assessment entailing the measurement of observable student attitudes and behaviour: attendance, class participation and group work grading. The evidence from a survey of undergraduates based in a Hong Kong university suggests that the majority of students are concerned about whether such practices are appropriate and fair, potentially undermining their freedom of choice to learn as adults.     

医学教学与保护患者的隐私权

由临床医学教学引起的隐私权纠纷和案件不断增多。教学医院应该重视对患者隐私权的保护。通过对医学教学过程中侵犯患者隐私权现象的分析,提出建立完善的教学管理制度,增加患者的信任,保护患者的隐私,开创新的临床医学教学方法,将临床教学纳入法制化管理等减少隐私权纠纷的方法。     

The rights of children and young people under special educational needs legislation in England: an inclusive agenda?

ABSTRACT

In this article we consider the rights of children and young people with special educational needs and disabilities in England, introduced under the Children and Families Act 2014, within the context of the wider reforms made by the Act. Drawing primarily on key informant interviews conducted as part of an ESRC project on Autonomy, Rights and Children with Special Needs: A New Paradigm? (ES/P002641/1), and making reference to the international framework of children’s and disabled persons’ rights, we present an analysis of the (mostly professional) viewpoints gathered and what they tell us about the progress towards the realisation of children and young people’s autonomy and agency in this field.     

我国儿童保护的现状及影响因素

儿童保护（child protection）是指针对18岁以下儿童的保护措施,一方面要防止儿童遭受暴力、虐待等身心伤害,另一方面涉及家庭、学校、社会和国家立法对儿童成长和儿童权利的保护。当前我国儿童保护的现实问题是儿童面临着人为的伤害或不可控的自然灾害。通过剖析我国儿童保护的现状我们了解到,儿童保护在我国尚未被社会及政府所重视,家庭缺乏生命和生存教育的观念,儿童缺乏自我保护的意识,社会缺乏普遍的儿童保护网络,国家缺乏专门的儿童保护机制。因而,要从儿童自身、家庭、学校、社区和立法层面看待其对儿童保护的影响,在此基础上展望儿童保护的未来,呼吁完善儿童保护体系,建立儿童保护的联动机制。     

Approaches to dispute resolution in additional support needs in Scotland

The Education (Additional Support for Learning) (Scotland) Act 2004 aimed, among other things, to increase parents’ rights in relation to the education of their children. In addition to the creation of the Additional Supports Needs Tribunals for Scotland, parents were given new rights to challenge local authority decisions through mediation and independent adjudication. In line with the wider social policy thrust of encouraging proportionate dispute resolution, low‐level resolution of disputes at school and local authority level was also encouraged. This paper uses key informant interviews to explore the views of new dispute resolution arrangements, and whether the balance of power has indeed tipped in favour of parents. Local education authority officers expressed some concerns about the new measures, and were particularly critical of the tribunal on the grounds that it was expensive and stressful, although the role it might play in tightening up procedures was also recognised. Advocacy groups and parents’ organisations, on the other hand, welcomed the new measures but were concerned about the rules restricting access to the tribunal and the fact that the outcome of mediation and adjudications were not legally binding. They were also concerned about limited access to information and advocacy. Overall, key informants believed that the new measures had advanced parents’ rights to some extent, although further changes were needed to achieve a radical shift away from the post‐war dominance of bureaucracy and professionalism in Scotland.     

Language,culture and identity in the transition to primary school: Challenges to indigenous children's rights to education in Peru

This paper analyses a ‘critical moment’ in the educational trajectories of young indigenous children in Peru: the transition to primary school. It addresses the inequalities in educational services that affect indigenous children, before looking at the micro-level processes that take place in school settings, through a focus on two selected case studies from the Young Lives study of childhood poverty. Using longitudinal information collected in two consecutive years, the case studies show how the children's language and culture are excluded from school premises and their very identity as children and indigenous people is disregarded, negatively affecting their educational performance.     

Investigating the influence of question type and cognitive process on academic performance in VCE Physical Education: a secondary data analysis

External written examinations are commonly used for determining student academic achievement. The influence of question type and cognitive process on examination performance in senior-secondary physical education is unclear. A secondary data analysis of Victorian Certificate of Education (VCE) Physical Education examination data (2011; n?=?9,323, 2012; n?=?8,781) was conducted. Question type (multiple choice and short answer) and overall examination performance were compared and the predictive value of question type, cognitive process (based on Bloom’s revised taxonomy), and overall examination scores determined. In 2011 and 2012, students performed significantly better on multiple-choice questions; however, short-answer performance better predicted overall exam performance. A significant difference between marks achieved by cognitive level and grade (Ungraded [UG] – A+) was found. Low-achieving students (UG – D) were performing well below the examination mean across all questions. Developing higher order thinking skills for all students may lead to improved overall examination performance in VCE Physical Education.     

A theoretical application of epistemological oppression to the psychological assessment of special educational needs; concerns and practical implications for anti-oppressive practice

There has been brief but important discussion regarding the concepts of “oppression” and “anti-oppression” in the educational psychology professional practice literature. This article aims to both further and focus this discussion. In particular, the concept of “epistemological oppression” is introduced and the significance it has for the meaning-making and knowledge construction activities of educational psychology practice is explored. A conceptual application of two predominant theories of epistemological oppression, Standpoint Theory and the Three Levels of Epistemological Oppression theory, is made with regard to the psychological assessment of special educational needs (SEN). It is posited that as psychological assessment of SEN is fundamentally an epistemological endeavour these two theories provide a crucial framework through which educational psychologist (EPs) may base reflective practice in order to realise and ameliorate potential oppression. It is concluded that EPs have a responsibility to orient themselves toward the potential for epistemological oppression in their work and help towards its amelioration.     

Inclusion,exclusion and children's rights

Abstract

This case study examines the experiences of a student who was excluded twice from a mainstream school while preparing for GCSE examinations. The authors are the student and his aunt. The exclusions were for an indefinite period and were triggered as a result of the school's inability to respond adequately to recurring epileptic seizures. The student, who has Asperger syndrome and a statement of special educational needs, had not broken any disciplinary code. Teachers' understanding of the label ‘special educational needs’ is questioned. The SEN and Disability Act 2001 has far-reaching implications for school ethos and culture. Schools' failure to anticipate the needs of students with disabilities or SEN may well lead to unlawful discrimination. Inclusive schools will need to recognize that in meeting students' individual needs the institution itself may need to change. Barriers to genuine parent partnership in education must be overcome, and children's participation rights, as confirmed in the UN Convention on the Rights of the Child, must be respected.     

Children's rights,school exclusion and alternative educational provision

This paper examines findings from a recent study in Wales of school exclusion and alternative educational provision. Many, but not all, children in alternative provision have been excluded from school. The most recent statistics reveal that nearly 90% of pupils in alternative provision have special educational needs, nearly 70% are entitled to free school meals (free school meal entitlement is often used as a proxy indicator for poverty in the UK) and three quarters are boys (Welsh Government. 2012a. Pupils Educated Other than at School, 2011/12. Cardiff: Welsh Government). The paper focuses on analysis of findings about young people's experiences of exclusion and alternative provision, and how these experiences may be contextualised within a discussion of children's rights. This analysis suggests that young people's experience is highly variable; that inappropriate curricula are still common, pastoral support uneven and that few opportunities exist for success or re-integration. In the most disturbing examples, young people were found to have experienced physical restraint and the use of isolation as punishment. The paper concludes, therefore, with a proposal for change aimed at ensuring that children's rights are placed at the heart of educational experience in practice as well as policy.     

Mother and teacher ratings of maladaptive behaviour in children with special needs

ABSTRACT

Parents and teachers of 109 children selected from the Special Needs Register and living in a multiethnic urban health district participated in the study. Their perceptions of children's behaviour at home and at school were measured by the Aberrant Behavior Checklist(ABC). About two‐thirds of the subjects presented with at least one type of maladaptive behaviour of at least moderate severity within their family, and 50 per cent had similar difficulties at school. The dimensions of hyperactivity and irritability were the main causes for concern by both sources. Contrary to previous studies, high rates of parent‐teacher agreement were found. This significant association was not affected by factors such as age, ethnicity or type of school. The implications for the provision of services for children in special education are discussed.     

不断满足人民日益增长的物质、民主和文化需要--对社会主义建设根本目的提法的思考

应将改革开放和社会主义现代化建设的根本目的概括为不断满足人民日益增长的"物质、民主和文化需要".原先的提法基于我们一直以来对人类文明结构"两分法"的理解和划分,既与社会主义现代化和人的全面发展的目标不相适应,又不能完全涵盖中国特色社会主义全面进步的客观现实;也不利于反驳一些别有用心的人对我国人权状况的歪曲和攻击.     

不断满足人民日益增长的物质、民主和文化需要——对社会主义建设根本目的提法的思考

应将改革开放和社会主义现代化建设的根本目的概括为不断满足人民日益增长的“物质、民主和文化需要”。原先的提法基于我们一直以来对人类文明结构“两分法”的理解和划分,既与社会主义现代化和人的全面发展的目标不相适应,又不能完全涵盖中国特色社会主义全面进步的客观现实;也不利于反驳一些别有用心的人对我国人权状况的歪曲和攻击。     

Children's rights and educational policy in Europe: the implementation of the United Nations Convention on the Rights of the Child

This article aims to shed light on the impact of the United Nations Convention on the Rights of the Child (CRC) on education policy in Europe. The findings are based on a documentary analysis of the published reports of the Committee on the Rights of the Child (the Committee) on the implementation of the education rights in the CRC in every EU state. This included: a review of the state of children's rights to education in Europe as perceived by the Committee; a summary of the Committee's key recommendations for governments; and an assessment of whether the CRC can be considered to have influenced domestic education law and policies. The findings suggest that the CRC is having an impact on domestic education policy and that the child rights framework could be harnessed further by those seeking to influence government. The article concludes by reflecting on the factors which affect the processes of translating the CRC into policy and practice and explores the role that educationalists, both academic and practitioners, might play in its implementation.     

The Rights of Children and Young People in State Care

Abstract

This article highlights the lack of human rights recognition for arguably one of the most vulnerable groups in our society, children and young people in the care of the state. Currently under New Zealand legislation and policy frameworks these children do not have their rights upheld, as per New Zealand’s obligations under the United Nations Convention on the Rights of the Child (UNCRC). This is particularly important for the care and protection of children needing state care as the government has the responsibility as a state body to ensure their rights are upheld, alongside their direct responsibilities as the ‘corporate parent’. This article explores the vulnerability of this group and the ways in which their rights under UNCRC are not being met by current legislation and policy. It goes on to recommend changes to the way in which we approach legislative and policy development.     

Respecting and fulfilling the right of post-primary pupils to consent to participate in trials and evaluative research: a discussion paper

This paper provides an introduction to issues surrounding the participation rights of young people in research and the implications of their growing involvement in research as well as providing a discourse on the ethical implications related to consent. The unique contribution of this paper is that it considers children’s rights in respect to the increasing opportunities for young people to take part in evaluation research. The aim of this paper, therefore, is to acknowledge the growing involvement for young people in research and the implications of ensuring that their rights of participation are respected. Secondly, we will consider the children’s rights legislation and our obligations as researchers to implement this. Finally, we will explore consent as an issue in its own right as well as the practicalities of accessing participants. This paper will postulate that any research about young people should involve and prioritize at all stages of the research process; including participation in decision-making. We conclude by identifying five key principles, which we believe can help to facilitate the fulfilment of post-primary pupils’ ability to consent to participate in trials and evaluative research.