Excessive Dress Code Restrictions in International Schools Violate Students' Right to Self-Determination
Recommendation to the Principal of OOOOOO to Reasonably Revise Relevant Regulations through Consultation with Faculty, Students, and Parents
On June 5, 2024, the National Human Rights Commission of Korea (NHRCK) recommended to the principal of OOOOOO (the “Respondent”) that the school's dress code regulations—specifically those governing the wearing of additional outerwear in winter and the removal of jackets in summer—be reasonably revised through consultation among teachers, students, and parents to ensure that students' rights to freely express their individuality and make personal decisions are not excessively restricted.
The petitioner, a student at OOOOOO School (the "Respondent School"), filed a complaint with the NHRCK, alleging that the school's excessive dress code regulations violated human rights. In February 2023, the student wore a coat over the school jacket due to cold weather, but a teacher confiscated the coat, citing a rule that only the jacket was allowed. In May of the same year, when the weather was warm, the student removed the jacket in the cafeteria and classroom but was forced by a teacher to put it back on, as wearing the jacket at all times was mandatory under school regulations. The student claimed these actions were excessive and infringed on human rights.
The Respondent School argued that the dress code restrictions are based on school regulations and that policies regarding uniform wear were communicated to students and parents in advance, indicating no procedural issues. They also emphasized the unique nature of being a private international school. Additionally, the school stated that it continuously monitors weather and temperature changes to adjust the heating and cooling systems appropriately for students' attire. While acknowledging that individual preferences for temperature may differ, the school stressed the importance of compromise and cooperation as essential qualities for living harmoniously with others.
In response, the Committee on the Rights of the Child at the NHRCK emphasized that, regardless of the unique characteristics of international schools, the Respondent School is obligated to protect and uphold the fundamental rights of students, including their general freedom of action, as stipulated by the Constitution and international human rights standards. The committee stressed that if restrictions on these rights are deemed necessary, the school must provide both formal and substantive justifications.
The dress code at the Respondent School requires students to wear jackets during the summer and prohibits the use of outerwear other than jackets in winter. The committee noted that this policy excessively restricts students’ rights to self-determination regarding their lifestyle choices and fails to consider individual perceptions of temperature. The committee argued that it is unnecessary for all students to endure discomfort from environmental conditions or to present a uniform appearance in order to develop social skills or uphold educational standards.
Accordingly, the NHRCK recommended that the faculty, students, and parents of the Respondent School collaborate to develop reasonable measures that will ensure students' fundamental rights in line with the Constitution and international human rights standards.
