Page 69 - Šolsko polje, XXXI, 2020, 3-4: Convention on the Rights of the Child: Educational Opportunities and Social Justice, eds. Zdenko Kodelja and Urška Štremfel
P. 69
m. šimenc, z. kodelja ■ the realization of the right to education in slovenia
education, are obviously not enough. Apart from that, schools increasing-
ly more often offer extra-curriculum, premium activities, which may have
an extra levy, such as additional open-air school, school trips and excur-
sions and various courses.
We can come to similar conclusions for further lines of the first par-
agraph of Article 28: Slovenia provides ‘higher education accessible to
all on the basis of capacity by every appropriate means’ (28.1.c); ‘educa-
tional and vocational information and guidance available and accessible
to all children (28.1.d); and takes ‘measures to encourage regular attend-
ance at schools and the reduction of drop-out rates (28.1.e). It furthermore
takes ‘all appropriate measures to ensure that school discipline is adminis-
tered in a manner consistent with the child’s human dignity’ (Article 28,
Paragraph 2).7 We can also argue that Slovenia ‘promotes and encourag-
es international cooperation in matters relating to education, in particu-
lar with a view to contributing to the elimination of ignorance and illiter-
acy throughout the world’ (Article 28, Paragraph 3), although this aspect
is not to the fore of public attention nor to the forefront of Slovenia’s ef-
forts in times of deglobalisation.
It goes a similar vein for Article 29., where Slovenian’s education-
al system is directed to: ‘the development of the child’s personality, tal-
ents and mental and physical abilities to their fullest potential’ (29.1.a);
‘the development of respect for human rights and fundamental freedoms’
(29.1.b); ‘the development of respect for the child’s parents, his or her own
cultural identity, language and values, for the national values of the coun-
try in which the child is living’ (29.1.c); ‘the preparation of the child for re-
sponsible life in a free society, in the spirit of understanding, peace, toler-
ance, equality of sexes, and friendship among all peoples, ethnic, national
and religious groups and persons of indigenous origin (29.1.d); and to ‘the
development of respect for the natural environment’ (29.1.e). Slovenia also
respects the principle that ‘no part of the present article or Article 28 shall
7 The second paragraph of Article 28 advocates a special caution pertaining the imple-
mentation of discipline, which could be in contradiction to human dignity. Discipline
in school therefore gets special attention. Legal procedures have assured that school dis-
cipline is not implemented in an inappropriate way. However, it is less evident from the
article that an excessive caution pertaining the implementation of discipline can also be
in contradiction with the child’s dignity. If discipline itself loses its reputation; if it seems
that its implementation is awkward, reservations regarding disciplinary measures, arising
from excessive caution, can also create conditions which aren’t in line with the child’s dig-
nity. This perspective is less obvious from the formulation of the article: the article itself
directly discusses discipline alone, but it should be in the context of the entire convention
logically understood in a broader sense of the right to learning environment which shall be
in line with the child’s dignity. The right to such learning environment can be infringed by
the lack of discipline.
67
education, are obviously not enough. Apart from that, schools increasing-
ly more often offer extra-curriculum, premium activities, which may have
an extra levy, such as additional open-air school, school trips and excur-
sions and various courses.
We can come to similar conclusions for further lines of the first par-
agraph of Article 28: Slovenia provides ‘higher education accessible to
all on the basis of capacity by every appropriate means’ (28.1.c); ‘educa-
tional and vocational information and guidance available and accessible
to all children (28.1.d); and takes ‘measures to encourage regular attend-
ance at schools and the reduction of drop-out rates (28.1.e). It furthermore
takes ‘all appropriate measures to ensure that school discipline is adminis-
tered in a manner consistent with the child’s human dignity’ (Article 28,
Paragraph 2).7 We can also argue that Slovenia ‘promotes and encourag-
es international cooperation in matters relating to education, in particu-
lar with a view to contributing to the elimination of ignorance and illiter-
acy throughout the world’ (Article 28, Paragraph 3), although this aspect
is not to the fore of public attention nor to the forefront of Slovenia’s ef-
forts in times of deglobalisation.
It goes a similar vein for Article 29., where Slovenian’s education-
al system is directed to: ‘the development of the child’s personality, tal-
ents and mental and physical abilities to their fullest potential’ (29.1.a);
‘the development of respect for human rights and fundamental freedoms’
(29.1.b); ‘the development of respect for the child’s parents, his or her own
cultural identity, language and values, for the national values of the coun-
try in which the child is living’ (29.1.c); ‘the preparation of the child for re-
sponsible life in a free society, in the spirit of understanding, peace, toler-
ance, equality of sexes, and friendship among all peoples, ethnic, national
and religious groups and persons of indigenous origin (29.1.d); and to ‘the
development of respect for the natural environment’ (29.1.e). Slovenia also
respects the principle that ‘no part of the present article or Article 28 shall
7 The second paragraph of Article 28 advocates a special caution pertaining the imple-
mentation of discipline, which could be in contradiction to human dignity. Discipline
in school therefore gets special attention. Legal procedures have assured that school dis-
cipline is not implemented in an inappropriate way. However, it is less evident from the
article that an excessive caution pertaining the implementation of discipline can also be
in contradiction with the child’s dignity. If discipline itself loses its reputation; if it seems
that its implementation is awkward, reservations regarding disciplinary measures, arising
from excessive caution, can also create conditions which aren’t in line with the child’s dig-
nity. This perspective is less obvious from the formulation of the article: the article itself
directly discusses discipline alone, but it should be in the context of the entire convention
logically understood in a broader sense of the right to learning environment which shall be
in line with the child’s dignity. The right to such learning environment can be infringed by
the lack of discipline.
67
