Review discussion evening about the right to be heard.

Review discussion evening about the right to be heard.

On Tuesday 1 June, Ouders & Onderwijs together with the Ministry of OCW organized a discussion evening with parents about the right to be heard. The starting point is that the student has a say in the conversation about his/her needs. For proper support at school, that right is very important. Because his/her opinion counts in decisions about the support.

Treaty on the rights of the child

The right to be heard is based on the International Treaty on the Rights of the Child (art.12). The practical effect of the right to be heard means that children can always give their opinion about what they find important. The child’s development interest is leading in decisions. A decision needs careful weighing between what is best for the child and other interests involved.

Improvement point tailored education

In the policy paper ‘Evaluation and improvement approach tailored education’ the Minister for Primary and Secondary Education and Media announced that the right to be heard for youth will be legally anchored within tailored education. In that context, the ministry is having exploratory talks with relevant parties, including parents, about their ideas on the right to be heard and the announced measure. On Tuesday 1 June, Ouders & Onderwijs together with the Ministry of OCW organized a discussion evening with parents about the right to be heard. The evening was attended by 12 parents from the Landelijk Ouderpanel of Ouders & Onderwijs.

Legal anchoring

From this talk it emerged that parents basically see the right to be heard as valuable. Experience shows that asking ‘What do you need?’ to the child could have helped to reach a solution or prevent escalation. Legal anchoring of the right to be heard is supported provided some conditions are arranged and secured. Items mentioned are:

• Good communication between school, parent and child
• A solid base (e.g. enough teachers)
• Safe environment and contact person
• Good support and information supply for parents and children.

The right to be heard is a right, not an obligation

It was also mentioned we must guard against the right to be heard being used as pressure; it is a right and not an obligation. There should be no consequences for the child who chooses to express or not to express their opinion. Furthermore, the parents present said correct compliance with the law should be monitored. Parents want a form of enforcement power in cases where despite the right to be heard, tailored education is not provided. From this last point it appeared, and it was discussed, that the right to be heard lies within a broader context, linked to other processes and themes.

For students from 4 years old

Most parents think the right to be heard should apply to children of all ages (from 4 years) as the children’s rights treaty also assumes. It depends on the child to what extent this is possible and how best to do so. Support from an independent person whom the child trusts is important. Children sometimes also give a desired answer. The way questions are asked is therefore very important.

The right to be heard of children can sometimes clash with authority relationships and parental power. In that case, the right to be heard must not replace parental authority. Finally, the attendees said it is good to evaluate the process and the outcome.

Questions?

If you want to ask something after reading this message, please let us know. Send an e-mail to vraag@oudersenonderwijs.nl or contact us by phone at 088-6050101. We are available on working days between 09.30-12.30 and 13.00-16.00. We are also looking for examples of schools that involve the student in extra support. Do you know such a good example? Then send an e-mail to: stemvdleerling@laks.nl.