Abstract:
A child’s education plays a large part in determining his or her future. It is fundamental to the development of a child’s personality and it predetermines the exercise of many other fundamental human rights. The right to education is fundamental to each individual, but it must be recognised that in the school environment, as in society generally, that right must necessarily co-exist with the rights of each member of the community. This is the case particularly in the context of the responsibility of a school to maintain a safe educational environment for all students. A school may suspend or expel a student whose behaviour threatens school safety, but this action must be considered in light of the significant impact it may have upon that student’s right to education. Implicated also in school exclusion are other fundamental rights such as the right to natural justice, or procedural fairness. This paper examines the balance between competing rights in the context of school safety in New Zealand schools, and in comparison with other jurisdictions.
