The National Human Rights Commission of Korea (NHRCK) recommended that the Minister of Education and Human Resources Development, the Minister of Culture and Tourism, sixteen metropolitan and provincial education heads, and the president of the Korea Sports Council adopt policies to protect and promote the human rights of student athletes, in order to prevent continued infringements of the personal freedoms, learning rights, personal rights, and other human rights of many student athletes, including elementary schools athletes.
On the basis of findings of an investigation in 2006, the Commission has explored numerous ways to improve policies and institutional schemes to safeguard and promote the human rights of student athletes. Following the investigation, the Commission held policy debates, expert meetings and conferences on human rights policies, with the latest policy recommendation by the Commission focusing on institutional improvements for guaranteeing the rights to learn for student athletes; preventing verbal, physical, and sexual abuse; and normalization of school sports policies. This most recent recommendation incorporates measures to (i) address missed class time of student athletes; (ii) overhaul the training camp system for student athletes; (iii) introduce “minimum academic standards”; (iv) establish “comprehensive actions to prevent violence against student athletes”; and (v) dramatically improve the way national (youth) sports festivals are conducted.
1. Correction of Violations regarding the Right to Learn
Currently, the Ministry of Education and Human Resources Development issues directives requiring primary school athletes to take regular lessons without exception. However, the Commission found during investigation that a significant number of student athletes cannot take part in regular lessons, for such reasons as excessive training and participation in athletic events.
The educational authorities lack an institutional mechanism to prevent student athletes from missing excessive class time. In the wake of the tragic fire at the training camp for the Chonahn Elementary School soccer team in 2003, the Ministry of Education and Human Resources Development banned camp training of primary school athletes. Nevertheless, nearly half of elementary student athletes still go to camp training.
In order to substantively guarantee the right to learn for student athletes, educational authorities must develop more effective programs. The Commission recommends that (i) absences be limited, by establishing and enforcing limitations on daily and weekly practice hours; (ii) supplementary instruction be institutionally guaranteed, including student athlete tutoring; (iii) substantive measures be devised to eliminate camp training for elementary student athletes; and (iv) a comprehensive fact-finding survey of the training camps for student athletes, including those in middle and high school, be conducted to make necessary improvements.
2. Prevention of Verbal, Physical and Sexual Abuse
The Ministry of Education and Human Resources Development and the Korea Sports Council recently established schemes for the protection of human rights for student athletes, including mandatory installation and operation of ‘(student) athlete protection committees’ and ‘athlete complaint handling centers’ at central and affiliated offices as part of an effort to redress human rights violations against student athletes. However, the Commission’s fact-finding survey demonstrates that about 75% of elementary student athletes still experience verbal and physical abuse. Approximately 40% of the respondents in surveys are subject to physical abuse three to four times a week on average, and about 5.1% suffer physical abuse more than 11 times a week.
Alarmingly, about 15% of the respondents indicate experiences of sexual abuse. These figures show that the actions taken by the Ministry of Education and Human Resources Development and the Korea Sports Council have failed to protect the human rights of student athlete.
The prevention of verbal, physical and sexual abuse of student athletes requires substantive, sustainable and fundamental improvements instead of the inadequate and perfunctory steps taken today. To achieve this, the Commission recommends qualification standards for student athlete coaches be tightened to prevent violence against and promote human rights of student athletes and that those who perpetrate severe abuses or sexual harassment be permanently dismissed and prosecuted to the utmost rigor of the law.
3. Institutional Improvement to Normalize School Sports Policies
Violation of the right to learn and violence are side-effects of the government’s policies regarding excessive emphasis on elite sports, which encourages overheated competition. To fundamentally rectify this situation and develop a balance between learning and sports, it is necessary to (i) introduce a system of minimum academic standards, and (ii) re-examine the way national (youth) sports festivals are held by ascertaining how excessive training competition is encouraged from the level of elementary school, how much class time is missed, how much camp training is conducted, and how frequently beatings occur and how severe they are.
The Commission accordingly recommends that (i) a system of minimum academic standards be introduced to allow advancement to the next level of schooling, registration of student athletes and entry for athletic events only if the standards are fully satisfied, with the academic standards adjusted upward in stages based on prior notification; and (ii) means of fundamentally improving national (youth) sports festivals be established, including introduction of a regional league system, conversion to genuine youth sports galas and prohibition of participation by elementary school students in national youth sports festivals.
4. Conclusion
In a situation where many student athletes, including primary school students, are forced to choose between learning and sports, human rights abuses must be rectified by any means. The Commission intends to re-assert its beliefs that it is past time to seriously address human rights abuses against student athletes and normalize elite-oriented school athletics. The Commission will continue to work to constantly promote human rights in athletics.
The National Human Rights Commission of Korea was established in 2001, offering investigation and remedy services for Korean citizens and foreigners residing in Korea against human rights violations and discrimination. The Commission provides policy recommendations and remedial action against human rights infringements, collaborates with international human rights organizations and implements educational programs to improve the human rights culture.
