Korean human rights commission 'phone confiscation in schools not a violation'

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Korean human rights commission 'phone confiscation in schools not a violation'

Published: 09 Oct. 2024, 14:03 Updated: 09 Oct. 2024, 15:32

The National Human Rights Commission of Korea [YONHAP]

The National Human Rights Commission of Korea has reversed its stance from the past 10 years, ruling that the confiscation of students' mobile phones in high schools does not violate human rights.

On Tuesday, the commission dismissed a complaint filed by a high school student in South Jeolla during a plenary session, voting eight to two in favor of dismissal. The student argued that the practice of collecting mobile phones upon arrival at school infringes on their human rights.

This decision marks a significant shift from the commission’s previous rulings. Since November 2014, the commission has acknowledged around 300 complaints, recognizing the confiscation of mobile phones as a violation of human rights.

The student who filed the complaint at that time contended that the dormitory regulation requiring the collection and storage of mobile phones on Monday mornings, with their return on Friday afternoons, was a violation of their rights.

The commission had previously viewed such regulations as infringing on the freedom of action and communication, which are part of the constitutional right to pursue happiness.

However, the recent decision determined that the harm to teachers' authority and students' right to learn — stemming from conflicts and disciplinary issues related to mobile phone use — was greater than the infringement on rights that might arise from allowing mobile phone use. The commission also said that students who were overly immersed in their phones often struggled to interact properly with their peers.

Supporters of the dismissal argued that allowing phone use during breaks leads to conflicts and disciplinary issues, significantly infringing on both teachers' and students' right to education. They also claimed that excessive mobile phone use undermines students' development by reducing their interaction with one another.

A teacher collects mobile phones in a first-year classroom at Dongsan High School in Daejeon in September last year. [NEWS1]

Opponents of the dismissal referenced an investigative report suggesting the need to amend the rule regarding mobile phone collection. The report argued that the school's regulation, which mandates the uniform submission of mobile phones without considering alternatives — such as voluntary submission by students — excessively restricts freedom of communication.

Some advocates asserted that mobile phones are not merely communication devices but also "tools for creating, maintaining and developing social relationships," making autonomous control preferable.

The school involved in the petition stated that the opinions of students, parents and teachers were gathered through a survey, indicating that mobile phone confiscation was undertaken with collective consent. The school also said that mobile phone use was allowed during breaks and lunchtime to minimize restrictions on basic rights.

The "2023 Global Education Monitoring" report released by Unesco in July last year was also cited as a reason for the commission's decision. The report recommended that schools limit smartphone use to prevent confusion, learning setbacks and cyberbullying.

Internationally, there is a growing consensus that mobile phones disrupt students' education, leading to regulations. Recently, France designated 200 middle schools as pilot sites where mobile phone use is banned. In May, New Zealand banned mobile phone use in all primary and secondary schools nationwide.

In the United States, Florida passed a law barring mobile phone use in public schools during class time in May 2023. In September of that year, Orange County took it a step further by banning smartphone use for the entire school day. On Sept. 23, California Gov. Gavin Newsom signed a bill requiring every school district, charter school and county office of education to develop a policy limiting smartphone use by July 1, 2026.

BY KIM MIN-YOUNG [kim.minyoung5@joongang.co.kr]