The National Human Rights Commission of Korea (Chairperson Hyun Byung-chul) expressed an opinion regarding the request of the Ministry of Education provincial education offices to ban tying ribbon inside schools regarding the Sewol ferry tragedy that such measures could infringe upon freedom of expression of member of school such as student, and such measures should not recur.
The complainant filed a complaint to the NHRCK saying that the Ministry of Education violated freedom of expression and conscience by sending an official document that bans tying yellow ribbon inside school to provincial education offices on 16 September 2014.
The NHRCK rejected the complaint because the damage done by the official document was not confirmed, and the complaint was not subject to investigation. However, as the measure of the Ministry of Education could infringe on freedom of expression, the NHRCK decided to express an opinion.
The Ministry of Education stated that the official document concerned was sent not to ban tying ribbon on chest for mourning the Sewol tragedy but to ask schools refrain from carrying out political activities not related to educational activities.
However, the NHRCK concluded that tying ribbon was widely used as a way to remember the victims of sinking of the Sewol ferry tragedy and tying ribbon itself cannot be seen as political activities. Therefore, measure of the Ministry of Education to ban tying ribbon could infringe upon freedom of expression of members of school including students.
Article 13 of the UN Convention of the Rights of the Child prescribes freedom of expression of child and juvenile, and article 21 of the Constitution also guarantees freedom of expression of people Therefore, freedom of expression of student has to be guaranteed at school too unless the expression seriously destroys school order or violates others rights.
