human rights: Principles and Rights

UPPER SECONDARY LEVEL205

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N1

N PLA

LESSO

Human Rights Principles
To be able to better understand the principles of human rights, students
can do the exercise of making priority list of rights. Working in groups, thestudents can question each other on the priority lists made and probe thereasons behind the prioritization of rights.
Topic 				: Human Rights Principles
Level 				: Upper secondary
Subject 				: Liberal Studies, Human Rights
Education, Civic Education
Human Rights Concept 		:- Inalienable, interrelated,interdependent & indivisible,
equality- Legal protection- Lack of precondition forenjoying human rights, respect
Time Allotment 			: Two sessionsI

OBJECTIVES
Students will be able to discuss the human rights principles by making
priority lists of rights.

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II

RESOURCES• The Universal Declaration of Human Rights
Article 2:
Everyone is entitled to all the rights and freedoms set forth in thisDeclaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin,property, birth or other status. Furthermore, no distinction shall be made on
the basis of the political, jurisdictional or international status of the country
or territory to which a person belongs, whether it be independent, trust, nonself-governing or under any other limitation of sovereignty.
Article 29:(1) Everyone has duties to the community in which alone the free and fulldevelopment of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject
only to such limitations as are determined by law solely for the purpose of
securing due recognition and respect for the rights and freedoms of others
and of meeting the just requirements of morality, public order and thegeneral welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the
purposes and principles of the United Nations.
III

PROCEDURE
A. Opener
The teacher explains that human rights include civil, political, economic,
social and cultural rights. The teacher notes that sometimes people say that
economic rights are more important than political rights, or political andeconomic rights are separate. Thus the teacher asks the students: Are there
any rights more important than the others?
The teacher asks the students to read the case of LINK below.

The LINK Incident
The Hong Kong Government has been privatizing public services
since 1999 through such measures as outsourcing and contracting
public housing management and maintenance to private contractors.
The cessation of the production and sale of flats under the Home
Ownership Scheme (HOS) in 2003 affected the financial standing of
the Housing Authority, which was forced to sell real estate investment
trust’s assets to compensate for the loss of sale of HOS flats. The
public has already started voicing opposition to the privatization of
public services. The Housing Authority sold shopping malls and car

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parks in public housing estates to The Link Management Limited,which was officially established in February 2004 and was planned
to be listed in the stock market. When the Initial Public Offerings(IPO) process of the Link began, public housing residents, Lo Siu-lan
and Ma Kei-chiu, filed a lawsuit seeking an injunction against the
Housing Authority in selling its assets, and the setting aside of thelisting of The Link.
The public reaction was divided. The investors in The Link
protested the litigation for politicizing the investment move andorganized the ‘For the listing of The Link - Against politicians’
demonstration with tens of thousands of people marching. On theother side, a number of scholars, public housing tenants and public
housing residents respectively expressed their views, opposing
the privatization of public assets. They pointed out that after theprivatization, small businesses would face rent increase, resulting
in the increase of daily expenses of public housing tenants due toincreased rent.
In 2005, the Court ruled in favor of the Housing Authority,
and The Link was listed in the same year at the Hong Kong Stock
Exchange. At present, The Link assumed the management of 180
shopping centers and parking facilities that were originally underthe Housing Authority, hence becoming one of Hong Kong’s largest
holders of shopping malls and car parks.
(Case study based on Charmaine Wan, “Study Unit: Privatization of
Shopping Malls in Public Housing Estates,” Modules: Hong Kong Today,
2010, http://ls.hket.com/UserFiles/Image/229/Chapter_229.doc)

B. Development of Activities
1. Activity
The teacher asks the students to form small groups and prioritize humanrights in a list.
The prioritizing of rights can be done in a variety of ways such as theone below:• Right to liberty and security• All are equally entitled to all rights without distinction of any kindsuch as race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status• Election rights including nomination, being nominated, and vote orbeing voted upon
• Right to freedom of thought, conscience, opinion and expression• Right to an adequate standard of living• Right to enjoy quiet and free from pollution environment

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Right to self-determination
Social, economic and cultural rights

2. Analysis
After the group discussion, the teacher instructs each group to present
their priority lists and explain the reasons behind them. The teacher asks
several questions to guide the presentation and class discussion:• Which right is being regarded as the most important, and which
one is the least important? Explain the reason(s) for the respective
designations of rights.
• What are the criteria used to prioritize the list of rights?
• What did you feel when you were asked to prioritize the list of rights?
• If the right listed as the least important was lost, what adverse
consequence could be there be, if any?
• Is economic development more important than human rights
protection? Why?
• Does economic development clash with human rights protection?
• If you were given a second chance to prioritize the rights in the list,
would you amend the list? Explain your answer.
The teacher guides the class in judging whether the following statements
are correct or not, and discuss the reasons behind the decisions:• Some people are more equal than others• People need to fulfill their obligation before they enjoy their rights• Human rights are moral rights• Human rights will lead to social chaos.
3. Abstraction
The teacher stresses the basic principles regarding human rights suchas the following:• Rights are inalienable, interrelated, interdependent and indivisible.
Economic rights and political rights are interrelated.
• All are equally entitled to all rights without distinction of any kindsuch as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
• There is no precondition for the enjoyment of human rights• Legal protection is necessary for human rights• There is a duty to respect the rights and freedoms of others.
Article 29 of the Universal Declaration of Human Rights states thelimitations of rights: (1) Everyone has duties to the community in whichalone the free and full development of his personality is possible. (2) In the209

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due
recognition and respect for the rights and freedoms of others and of meetingthe just requirements of morality, public order and the general welfare in a
democratic society.
Article 42 of the Basic Law, Hong Kong states the duty of Hong Kong
Residents: “Hong Kong residents and other persons in Hong Kong shallhave the obligation to abide by the laws in force in the Hong Kong Special
Administrative Region.” (The teacher may ask the students: Who have theobligation to obey the laws and the criteria for obeying the laws?)
4. Application
The teacher asks the students to discuss whether or not human rights
principles are being highlighted in the case of LINK. And if yes, the teacher
instructs the students to explain how political and economic rights areinterrelated.
C. Closure
The teacher explains that through the priority list of rights exercise,human rights principles have been discussed and learned including thefollowing:• Rights are inalienable, interrelated, interdependent and indivisible.
Economic rights and political rights are interrelated.
• All are equally entitled to all rights without distinction of any kindsuch as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
• There is no precondition for the enjoyment of human rights• Legal protection is necessary for human rights• There is a duty to respect the rights and freedoms of others.
IV

EVALUATION
The teacher asks the students either toa. Collect and discuss cases from newspaper reports with reference tohuman rights principles.
b. Write or draw summary note and reflective journal after the class. Guide
questions may be provided, such as the following: what are the principles ofhuman rights? Are there examples that illustrate those principles? Do you
agree with those principles?

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Notes
The concept of priority list is modified from the following references:•
Council of Europe: Rolf Gollob & Peter Krapf: “Exercise 3.4: The Balloon Ride”,
Teaching democracy–A collection of models for democratic citizenship and humanrights education (December 2008) http://www.coe.int/t/dg4/education/edc/Source/Pdf/
Documents/6494_Teaching_democracy_assemble.pdf•
High Commissioner for Human Rights: Human Rights Training: A Manual on
Human Rights Training Methodology http://www.ohchr.org/Documents/Publications/training6en.pdf
Reading materials:
1. Introduction to LINK incidents, Hong Kong Economic Times•
Chinese: http://ls.hket.com/hk/liberalStudiesTopicsAction.do?action=listdetail&method=N&id=ff80808128f70c9101297d51894c4194•
English: http://ls.hket.com/UserFiles/Image/229/Chapter_229.doc
2. Legislative Council Meeting on 17 December 2008. Motion on “Buying back the sharesof the LINK”. Voting Record: www.legco.gov.hk/yr08-09/chinese/counmtg/voting/v200812171.
htm
Minutes: www.legco.gov.hk/yr08-09/english/counmtg/hansard/cm1217-translate-e.pdf

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N2

N PLA

LESSO

Universality of Human Rights and Asian Values
The understanding of human rights should adhere to the principles
provided for in international human rights instruments. In many cases,
however, human rights are defined with reference to local cultures. As aresult, human rights are limited rather than enjoyed in full. This perspective
has been promoted in Asia through the so-called “Asian Values” debate,
asserting that human rights are relative and defined by context. This seems
to be the perspective in the 1993 Bangkok Declaration (Final Declaration of
the Regional Meeting for Asia of the World Conference on Human Rights)
of Asian states and in a speech of the President of China. There is a need toemphasize the basic nature of human rights to ensure that people everywhere
enjoy their rights.
Topic 			 : Universality of human rights
			 and Asian Values
Level 			 : Upper secondary
Subject 			 : Liberal Studies, Human Rights
			 Education, Civic Education
			 Human Rights Concepts 		
:			 - Human rights are universal,
			 inalienable and of equal importance			- Equality of rights
Time Allotment 		 : Two sessions212

upper secondary level

I

OBJECTIVES
Students will be able to discuss human rights principles including
universality, equality and inalienability by analyzing (1) female genital
mutilation cases, and (2) the “Asian Values” perspective expressed in the1993 Bangkok Declaration and the speech of the President of China.
II

RESOURCES• The Universal Declaration of Human Rights• 1993 Bangkok Declaration (Final Declaration of the Regional Meetingfor Asia of the World Conference on Human Rights)

III PROCEDURE
A. Opener
The teacher states that there is a debate on whether human rights areuniversal or have different meanings according to society and culture.
The teacher explains that this issue will be discussed in relation to actual
cases. As an initial step, the teacher asks the students to express their initialviews (agree or disagree) on the following statements:
1. Human rights are western values but not universal values.
2. The meaning of human rights differs depending on the society andculture involved.
B. Development of Activities
1. Activity
The teacher asks the students to form groups and assigns to each groupa particular role, from this list:(1) The leader of ethnic group A;(2) A father who wants his daughter to undergo genital mutilation;(3) A girl who is being forced to have genital mutilation;(4) A woman who had genital mutilation opposing female genital
mutilation.
The teacher asks the groups to read the case and answer the following
question: What feelings, stance and argument your assigned role would haveon female genital mutilation?
One of the traditional customs of ethnic group A is female
genital mutilation for girls between infancy and adolescence. This
customary practice is done by an old woman. She removes part ofor the whole female genital organ of a girl with a knife. She maythen sew the wound and leave a small hole for the passage of urine
and menstruation. The wound will be reopened for giving birth. As

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the hygiene condition differs, some girls may die of over-bleeding
and infection. Some may result in long-term illness such as difficultyin urination, infection, severe pain during sexual intercourseand difficulty in giving birth, etc. Only the girls who had genital
mutilation are regarded as “genuine woman”, virgin and suitable formarriage.

The teacher instructs each group to share the feelings and stance on
female genital mutilation. The other groups can raise questions to thepresenting group and discuss the topic. After the discussion, the teacher
may ask the students’ own stance and argument on the topic.
2. Analysis
The teacher initiates class discussion with reference to the case on female
genital mutilation using these guide questions:• People may criticize cultural practices in particular countries fromthe perspective of human rights. Would this mean that such people
do not respect the local culture? When cultural or moral values andpractices harm human rights, where should we stand?
• Do human rights harm cultural diversity?
• Cultural relativism emphasizes that cultures are relative, of equalvalue, and some are not better than others. We should understandthe cultural meaning in particular cultural context. We should also
respect cultural diversity and equality. Do you agree with this? Are
there any conditions for respecting a particular culture?
• Who has the right and power to decide that human rights areuniversal values?
• Are there universal principles that decide what right and wrong
means?
• Are human rights universal values?
3. Abstraction
The teacher summarizes the discussion on culture and human rights bystressing the following points:• Culture and moral values are not justifications for violating humanrights. Culture and moral values change from time to time and differ
in pluralistic society.
• Human rights are universal, rooted from different religions andcultures. Human rights do not change according to society, history,
culture, politics and economy.

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There are examples of culture-based practices that violate humanrights like slavery, honor killing, footbinding in China and public
discussion on the extension of scope of local domestic violence
amendment law to homosexual cohabitants.

4. Application
The teacher provides the students with information on Asian values(using the Bangkok Declaration) and the Universal Declaration of Human
Rights. The teacher asks the students to compare and comment on the two
declarations.
The teacher can provide guide questions including the following:• Are human rights western values?
• Are human rights tools of Westerners to pressure Asians to follow
their thinking?
• Are economic rights more important than political rights?
• Is there a genuine clash between political rights and economic rights?
C. Closure
The teacher explains that the lesson discusses the universality of humanrights through the case of female genital mutilation, and stresses that humanrights violation cannot be justified by culture and moral values.
IV

EVALUATION
1. The teacher may ask the students to• collect and comment on the speeches on human rights principles byMainland China Presidents• write or draw summary note and reflective journal after the class.

Notes
Readings for discussion:
1. World Health Organization: Female genital mutilation, Fact sheet N 241, February 2012
in www.who.int/mediacentre/factsheets/fs241/en/
2. Apple Daily: “Cruel genital mutilation in Republic of Sierra Leone. A woman journalist
reports this foolish traditions” 2 March 2009 in http://hk.apple.nextmedia.com/template/apple/
art_main.php?iss_id=20090302&sec_id=15335&art_id=12400538
3. Waris Dirie / Cathleen Miller: Desert Flower, Chinese translation in www.wretch.cc/blog/
sunsmiley/12167510
Council of Europe: “Chapter 4.1 Understanding Human Rights”. COMPASS: A manual on
human rights education with young people. December 2002. http://www.eycb.coe.int/compass/
en/contents.html
洪如玉：〈人權教育理論1：導論〉，《人權教育的理論與實踐》。台北：五南。2006年8月。Hungru-yu: The theory and practice of Human Rights Education. Taipei: Wunan publication. August
2006.

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N3

N PLA

LESSO

Human Rights and Underprivileged People
In any society, there exist underprivileged groups such as those sufferingfrom disabilities or poverty, or those being discriminated based on sex,
sexual orientation, race, and other factors. It is important to understandthese underprivileged groups from a human rights perspective using the
Universal Declaration of Human Rights as standards. Students in groups
can discuss the situation of the underprivileged groups by identifying
violations of human rights and figuring out the ways of fighting against
human rights violations including the use of local human rights protection
bodies and social actions.
Topic: Human Rights and Underprivileged People
Level: Upper Secondary
Subject: Liberal Studies, Human Rights
		 Education, Civic Education
Human Rights Concepts :- Equality
		 - Non-Discrimination
		 - Economic, social & cultural rights
Time Allotment: Two sessionsI

OBJECTIVES
Students will be able to
1. Explain the situation of underprivileged groups in the society

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2. Discuss the human rights violations relating to these underprivileged
groups with reference to rights enshrined in the Universal Declarationof Human Rights
3. Figure out the ways of fighting against human rights violations
including recourse to local human rights protection bodies and social
actions.
II

RESOURCES• Universal Declaration of Human Rights, particularly articles 2, 4,
7, 8, 13, 16, 17, 22, 23, 24, 25, 26, 27 (see Annexes for texts of thearticles)III

PROCEDURE
A. Opener
The teacher asks the students to brainstorm on the existence or nonexistence of underprivileged groups in Hong Kong. The teacher lists onboard whatever underprivileged groups are identified by the students, andbriefly talks about their situations.
B. Development of Activities
1. Activity
The teacher asks the students to form small groups (not more than 5 foreach group), and assigns to each group a particular underprivileged personfrom the list below:• A resident who is being forced to leave his/her village after thegovernment gave the clearance to undertake development work in
the place.
• A young hearing-impaired man who loses the eligibility to enroll inthe university because he cannot afford to employ a sign language
interpreter• A member of an ethnic minority• Foreign domestic worker• A man who is eager to become a woman through transsexual surgery• A girl who belongs to an ethnic minority in Hong Kong
• A middle-aged grassroots woman.
The teacher provides the students with the “Background information”
and “Guide questions” sections in the Annexes. The teacher uses the “Possible
human rights violations” and “Relevant articles of UDHR” sections of theAnnexes as guide in discussing the situations with the students.

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HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMSThe teacher instructs them to discuss the following:• The situation of particular underprivileged group• The human rights that could have been violated, and the relevant
articles of the Universal Declaration of Human Rights regardingthese rights.
The teacher also asks the students to plan how to role-play the situationof a specific underprivileged group.
After the group discussion, the groups roleplay the assigned
underprivileged group based on the following rules:
b. While one group performs the roleplay, the other groups identify
the underprivileged group being portrayed and prepare questions about theissue being roleplayed;c. After each roleplay presentation, the performing group answers thequestions raised by other groups.
2. Analysis
The teacher guides the class in the discussion of the following:• Feelings of being part of an underprivileged group• Possible human rights violations involved in the roleplayed situations• Articles of the Universal Declaration of Human Rights relevant to theissues involved.
3. Abstraction
The teacher summarizes on the board the issues, rights violated andactions being suggested by the students. As guide, the teacher can referto the Annexes for examples of how the discussion of the situations ofunderprivileged groups can be done.
4. Application
The teacher asks the students to figure out ways of fighting against thehuman rights violations shown by the roleplayed situations, by exploring
various means including• use of legal instruments (international law, international humanrights covenants applicable in Hong Kong, The Basic Law, The Hong
Kong Bill of Rights), and institutions (the Equal Opportunities
Commission, Ombudsman etc.), and• social action (such as submitting petitions to the government,
engaging government officials in dialogue, doing media campaigns,
marching in the street to publicize issues).

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The teacher asks the students to report their ideas to the class, and writethese ideas on the board.
5. Closure
The teacher summarizes the session in the following manner:
Through group discussion, role-play, and question and answer session,
we:
1. Analyzed the situations of local underprivileged groups including
a resident who is being forced to leave her/his village because ofgovernment approval of development project in the village, a man withhearing impairment who loses the eligibility to enroll in the university
because he cannot afford to employ a sign language interpreter, aman who is eager to become a woman through transsexual surgery,a member of an ethnic minority, a foreign domestic worker, and a
middle-aged grassroots woman.
2. Identified the human rights violations involved in these cases withreference to rights enshrined in the Universal Declaration of Human
Rights.
3. Discussed various ways of fighting against human rights violations
including using local human rights protection bodies and doingsocial actions.
C. Assignment
The teacher may arrange a visit to a community of an underprivileged
group or invite the students to interview persons from underprivileged
groups in Hong Kong or staff of relevant non-governmental organizations.
IV

EVALUATION
The teacher may ask the students to write or draw a summary note andreflective journal after the class. Guide questions may be provided such as
the following:• What underprivileged groups are being mentioned in the class?
• What are their respective life situations?
• What rights are being violated in their respective situations?
• What can they do to remedy the situations?
• What feelings would they (the students) have if they were part of theunderprivileged groups?
• Why are there underprivileged groups in the society?

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HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMSNotes
The Office of The Ombudsman
The Office of The Ombudsman, Hong Kong (formerly known as The Office of The
Commissioner for Administrative Complaints) was established in 1989. The Office was formallydelinked from the Government after The Ombudsman (Amendment) Ordinance came into
operation on December 19, 2001. The Ombudsman is appointed by the Chief Executive of theHong Kong Special Administrative Region Government. He serves as the community’s watchdog
to ensure that:•bureaucratic constraints do not interfere with administrative fairness•
public authorities are readily accessible to the public•abuse of power is prevented•
wrongs are righted•
facts are pointed out when public officers are unjustly accused•
human rights are protected•
the public sector continues to improve quality and efficiency.
“The Ombudsman,” Hong Kong: The Facts (Hong Kong: Hong Kong Special Administrative
Region Government, 2012), available at www.gov.hk/en/about/abouthk/factsheets/docs/
ombudsman.pdf.
The Equal Opportunities Commission (EOC)The Equal Opportunities Commission (EOC) is a statutory body set up in 1996 to implement
anti-discrimination legislation (“Legislation”). Currently there are four ordinances dealing
with anti-discrimination, namely the Sex Discrimination Ordinance (SDO), the Disability
Discrimination Ordinance (DDO), the Family Status Discrimination Ordinance (FSDO) and theRace Discrimination Ordinance (RDO).
The main functions and powers of the EOC are to•work towards the elimination of discrimination on the grounds of sex, marital status,
pregnancy, disability, family status and race;•
promote equality of opportunities between men and women, between persons with adisability and persons without a disability, irrespective of family status and race;•
work towards the elimination of sexual harassment, and harassment and vilificationon the grounds of disability and race;•
conduct investigation into complaints lodged under the Legislation and encourage
conciliation between the parties in dispute;•undertake self-initiated investigation into situations and issues giving rise todiscrimination concerns under the Legislation;•
develop and issue codes of practice under the Legislation;•
keep under review the workings of the Legislation and when necessary, draw up
proposals for amendments; and•conduct research on issues relevant to discrimination and equal opportunities.
(Text taken from www.eoc.org.hk/eoc/graphicsfolder/showcontent.aspx?content=vision andmission)220

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AnnexesRole-play Situations
Role 1: A village resident who lost residential house for a development
project of the government
Backgroundinformation

•
•
•
•

•

•
Guide
questions

The village resident was already 50 years old, andhad been residing in the village since birth
The resident built and modified the house she/he
was living in
She/he farmed a nearby land, and sold harvested
vegetables to nearby markets
The land where the village stood was state-owned.
The government decided to clear it for future
development. The resident was forced to leave.
The resident received ex-gratia allowance (goodwill
money) from the government instead of fullcompensation
Her/his farm was cleared without full accounting of
the damage caused for crop compensation purposes.

What does the village resident feel towards her/his
village and land? What is the difference between a
farmer’s life and working class life in the city? How
will the village resident think about her/his identity
after leaving the village?

Possible human Violation of therights violations • Right to an adequate standard of living for her/himself and her/his family including housing, andto continuous improvement of living conditions.
• Right to live anywhere in security, peace anddignity; expression of cultural identity; anddiversity of housing.
• Right to housing also links with other rights suchas the right to freedom of expression.
Reference: The right to adequate housing (Art.11 (1)) : . 1991/12/13.
CESCR General comment 4. (General Comments)

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Relevant articles Article 8: Everyone has the right to an effective remedyof UDHRby the competent national tribunals for acts violating
the fundamental rights granted him by the constitution
or by law.
Article 13: (1) Everyone has the right to freedom of
movement and residence within the borders of eachstate.
Article 17: (1) Everyone has the right to own property
alone as well as in association with others. (2) No one
shall be arbitrarily deprived of his property.
Article 23: (1) Everyone has the right to work, to freechoice of employment, to just and favourable conditionsof work and to protection against unemployment.
Article 25: (1) Everyone has the right to a standard ofliving adequate for the health and well-being of himself
and of his family, including food, clothing, housing
and medical care and necessary social services, andthe right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
Article 27: (1) Everyone has the right freely toparticipate in the cultural life of the community, toenjoy the arts and to share in scientific advancement
and its benefits.

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Role 2: A young hearing-impaired man who could not enroll in theuniversity
Backgroundinformation

•

•

•

•

A young hearing-impaired man dreamed ofenrolling in the university and studied very hard to
realize this dream
He graduated from secondary school with good
grades that made him eligible to enroll in theuniversity
A university accepted his application but he was
required to employ a sign language interpreter at
his own expense
Because of the high fee, he could not employ any
sign language interpreter, and thus could not enroll
in the university.

Guide questions What learning difficulties do people with hearing
impairment encounter since primary school? Whatwould be feelings of the young hearing-impaired
man after realizing he could not enroll in university
because he could not afford the fee for employing a sign
language interpreter?
Possiblehuman rights
violations

Violation of• Right to equality (discrimination against disability)• Right to education

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Relevant
articles of
UDHR

Article 2: Everyone is entitled to all the rights andfreedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, nationalor social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basisof the political, jurisdictional or international statusof the country or territory to which a person belongs,
whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.
Article 8: Everyone has the right to an effective remedyby the competent national tribunals for acts violating
the fundamental rights granted him by the constitution
or by law.
Article 22: Everyone, as a member of society, has theright to social security and is entitled to realization,
through national effort and international co-operationand in accordance with the organization and resourcesof each State, of the economic, social and cultural rights
indispensable for his dignity and the free developmentof his personality.
Article 26: (1) Everyone has the right to education.
Education shall be free, at least in the elementaryand fundamental stages. Elementary education shallbe compulsory. Technical and professional education
shall be made generally available and higher education
shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full developmentof the human personality and to the strengthening ofrespect for human rights and fundamental freedoms. It
shall promote understanding, tolerance and friendshipamong all nations, racial or religious groups, and shallfurther the activities of the United Nations for the
maintenance of peace.

Source: Sing Tao Daily, http://news.singtao.ca/toronto/2011-0-26/
hongkong1317027503d3445511.html

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Role 3: Foreign Domestic Worker
Backgroundinformation

•

•

•

•

•

•

•

•
•
•

She is a foreign domestic worker from thePhilippines. She has been working in Hong Kongfor more than 10 years. She can speak fluent
Cantonese.
Her husband and sons live in the Philippines. She
has family reunion by using her short annual leave
every year.
She lives in her employer’s home in Hong Kong.
Her bedroom is small, with space only for a bed anda small wardrobe. The room does not have windows.
She works from 6:00 in the morning to about 10:00
at night. But if her employer had not yet slept by
10:00 pm, she would remain on duty.
She is responsible for housework including
cooking, washing, cleaning clothes, and taking careof the kids.
She usually has her day-off on Sundays. She goes
go to the cyber cafe to talk via skype to her husband
and sons. She also chats with her friends who arealso foreign domestic workers in Hong Kong.
She had several employers before. The first
employer always scolded her and sometimes did notallow her to have a day-off. Her current employer is
nice to her.
Her wage is not bound by the local minimum wage
ordinance.
A portion of her wage goes to the employment
agency while the rest is for her family’s subsistence.
Although she has worked in Hong Kong for morethan 7 years, she is not eligible to apply for a Hong
Kong Permanent Resident (HKPR) status unlike
other foreigners who have stayed in Hong Kongfor the same period. Some of her foreign domestic
worker friends sought judicial review and thecourt declared that the laws in Hong Kong makeforeign domestic workers ineligible to become a
HKPR. Many local people heavily criticize them forintending to take away local social welfare benefits
by becoming a HKPR.

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HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

Guidequestions

Imagine the working day and holiday of a foreign
domestic worker in Hong Kong. What would herfeeling be for working overseas for a long time? Whatdo you think about foreign domestic workers being
scolded for seeking a court’s decision (judicial review)on eligibility to become a HKPR while other foreigners
have the eligibility under the same condition?

Possiblehuman rights
violations

Violation of• Right to equality (racial discrimination)• Labor rights: right to just and favorable conditionsof work, right to rest and leisure, including
reasonable limitation of working hours and periodic
holidays with pay.
• Right to participate in cultural life

Relevant
articles of
UDHR

Article 2: Everyone is entitled to all the rights andfreedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, nationalor social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basisof the political, jurisdictional or international statusof the country or territory to which a person belongs,
whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.
Article 4: No one shall be held in slavery or servitude;
slavery and the slave trade shall be prohibited in all
their forms.
Article 7: All are equal before the law and are entitledwithout any discrimination to equal protection of thelaw. All are entitled to equal protection against any
discrimination in violation of this Declaration andagainst any incitement to such discrimination.
Article 24: Everyone has the right to rest and leisure,including reasonable limitation of working hours andperiodic holidays with pay.

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upper secondary level

Relevant
articles of
UDHR

Article 25: (1) Everyone has the right to a standard ofliving adequate for the health and well-being of himself
and of his family, including food, clothing, housing
and medical care and necessary social services, andthe right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
Article 27: (1) Everyone has the right freely toparticipate in the cultural life of the community, toenjoy the arts and to share in scientific advancement
and its benefits.

Role 4: A man who is eager to become a woman through transsexual
surgery
Backgroundinformation

•

•

•

•

•
•
•

A person, 20 years old and born a man, perceives
himself as a woman and thinks he got the wrong
body from God
He has difficulty communicating with his brothers
and male classmates but can easily chat with female
classmates because he loves chatting about feminine
dressing
He used to hide his gender identity that did notcorrespond with his biological sex. He recently
started to dress every day as a woman and use
make-up.
He plans to undergo transsexual surgery in a public
hospital. Before the surgery, he has to undergo a
2-year psychological and mental assessment.
He has a big quarrel with his family on his feminine
dressing and the surgery
He dreams of marrying his boyfriend, and havebabiesUnder the law, a person who undergoes atranssexual surgery can have the sex category on
his identity card changed. But the sex category on
the birth certificate cannot be changed. Hence hecannot marry his boyfriend in Hong Kong even if heundergoes transgender surgery.

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HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

Guidequestions

What difficulties will he face since he perceived himself
as a woman and wanted to change sex when he wassmall? How did he get along with his classmates? What
are his concerns when he meets his prince charming?
How is his life while hiding his gender identity? Whatdifficulties will he encounter if he comes out? Whenhe dresses as a woman and walks on the street, what
can happen to him? What difficulties will he face if hemarried his prince charming and raised a family withhim?

Possiblehuman rights
violations

Violation of• Right to equality (Discrimination against gender)• Right to marry and to found a family

Relevant
articles of
UDHR

Article 2: Everyone is entitled to all the rights andfreedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, nationalor social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basisof the political, jurisdictional or international statusof the country or territory to which a person belongs,
whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.
Article 16: (1) Men and women of full age, without any
limitation due to race, nationality or religion, have theright to marry and to found a family. They are entitledto equal rights as to marriage, during marriage and atits dissolution.
(2) Marriage shall be entered into only with the free andfull consent of the intending spouses.
(3) The family is the natural and fundamental group
unit of society and is entitled to protection by society
and the State.

Source: Apple Daily, 蘋果日報：〈理大易服男：點解我唔係女仔〉及〈醫生：屬天生變性人〉2011年10月2日

228upper secondary level

Role 5: A girl belonging to an ethnic minority in Hong Kong
Backgroundinformation

•
•

•

•
•
•

Her parents are Southeast Asians, and she was bornand grew up in Hong Kong.
She speaks fluent Cantonese. But her Chinesewriting and reading are not good enough. She fails
in local Chinese public examination.
She wants to become a civil servant. Although thegovernment accepts the result of General Certificate
of Secondary Education (GCSE) on Chinese subject,some departments still require the candidates totake Chinese exams. She finds them difficult topass.
She plans to take GCSE Chinese examination andwill apply for civil servants after she passes it.
She is a Muslim, and is required to wear clothinglargely covering her body like long trousers.
She finds a part-time job recently. But the dress
code for female staff is short skirt that she finds
difficult to fulfill.

Guidequestions

What learning difficulties has she been facing since
primary school? What difficulties will she encounter
when she hunts for jobs? What difficulties will she faceabout the dress code in school and working place? How
is her life as a member of the ethnic minority in Hong
Kong? How do you think she feels about her identity?

Possiblehuman rights
violations••

Discrimination based on sex
Racial discrimination

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HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

Relevant
articles of
UDHR

Article 2: Everyone is entitled to all the rights andfreedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, nationalor social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basisof the political, jurisdictional or international statusof the country or territory to which a person belongs,
whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.

Role 6: A middle-aged grassroots woman
Backgroundinformation

•

•
•

•

She is a middle-aged woman who graduated fromjunior secondary school. When she was young, she
was a sewing worker in a garment factory. But
in late 1980s the factory shut down and moved toMainland China.
She used to work as a cleaner, while also doinghousework and child care after work.
Her work included collecting garbage on every
floor of the building and cleaning each floor. She
worked for 12 hours a day. Her monthly wage
was HKD 6000. Theoretically she had annual
leaves but she was not allowed to claim the leave.
Her host company did not provide her with any
gloves and protective clothing. She once thoughtof complaining to a trade union, but her boss
threatened her not to do so.
She resigned from her cleaning job because she got
injured in the work place.

Guidequestions

Imagine the schedule of a working woman who is also
responsible for housework. How do you think she feels
about her work and daily life? What troubles does she
face? How is her working condition?

Possiblehuman rights
violations

Violation of• Labor rights: right to just and favorable conditionsof work, right to rest and leisure, including
reasonable limitation of working hours andperiodic holidays with pay.
• Right to participate in cultural life.

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upper secondary level

Relevant
articles of
UDHR

Article 23: (1) Everyone has the right to work, to freechoice of employment, to just and favourable conditionsof work and to protection against unemployment.
(2) Everyone, without any discrimination, has the rightto equal pay for equal work.
(3) Everyone who works has the right to just andfavourable remuneration ensuring for himself andhis family an existence worthy of human dignity, andsupplemented, if necessary, by other means of social
protection.
(4) Everyone has the right to form and to join tradeunions for the protection of his interests.
Article 24: Everyone has the right to rest and leisure,including reasonable limitation of working hours andperiodic holidays with pay.
Article 25: (1) Everyone has the right to a standard ofliving adequate for the health and well-being of himself
and of his family, including food, clothing, housing
and medical care and necessary social services, andthe right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lackof livelihood in circumstances beyond his control.
Article 27: (1) Everyone has the right freely toparticipate in the cultural life of the community, toenjoy the arts and to share in scientific advancement
and its benefits.

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N4

N PLA

LESSO

Public Place: Protestors, Street Performers,and Hawkers
A public place is a space that everyone can use. It is meant for all
members of society. Public places like streets, parks, and other open spaces
are traditionally used by people for leisure, economic, social and cultural
purposes. People are free to use them as long as they do not prevent othersfrom enjoying them and do not cause harm to anyone or any property. In
using the public place, people exercise various human rights.
Topic 			: Public Place: Protestors, Street
Performers, and Hawkers
Level 			: Upper Secondary
Subject 			: Liberal Studies, Human Rights
Education, Civic Education
Human Rights Concept :- Political rights including
freedom of expression- Economic, social and cultural rights
Time Allotment: Two sessionsI

OBJECTIVES
Students will be able to
1. Discuss what they learned through socio-games the different usersof public places and their rights such as freedom of expression, right to232upper secondary level

work, social and cultural rights and strategies in responding to violationsof rights.
2. Discuss the meaning of street as public place.
II

RESOURCES• The Universal Declaration of Human Rights
Article 19: Everyone has the right to freedom of opinion andexpression; this right includes freedom to hold opinions without
interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.
Article 20: (1) Everyone has the right to freedom of peacefulassembly and association. (2) No one may be compelled to belong toan association.
Article 23: (1) Everyone has the right to work, to free choiceof employment, to just and favourable conditions of work and toprotection against unemployment.
Article 27: (1) Everyone has the right freely to participate in
the cultural life of the community, to enjoy the arts and to share inscientific advancement and its benefits.
• International Covenant on Civil and Political Rights
Article 19: (3) The exercise of the rights provided for in paragraph
2 of this article carries with it special duties and responsibilities. It
may therefore be subject to certain restrictions, but these shall only
be such as are provided by law and are necessary: (a) For respect of
the rights or reputations of others; (b) For the protection of national
security or of public order (ordre public), or of public health or morals.
Article 21: The right of peaceful assembly shall be recognized.
No restrictions may be placed on the exercise of this right other thanthose imposed in conformity with the law and which are necessary
in a democratic society in the interests of national security or public
safety, public order (ordre public), the protection of public health or
morals or the protection of the rights and freedoms of others.
• Reclaiming City Streets for People – Chaos or Quality of Life? ec.europa.eu/environment/pubs/pdf/streets_people.pdf and also http://
en.wikipedia.org/wiki/Reclaim_the_Streets• Props money and record card for socio-game.

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III

PROCEDURE
A. Opener
The teacher tells the student about walking in the street every day andasks them several questions: Have you thought of the meaning of street
to you? Have you thought of the different meanings of street to different
people? Have you noticed that the use of the street as public place is closely
related to human rights?
B. Development of Activities
1. Activity
The teacher assigns particular roles to the students, and instructs themto participate in a short socio-game.
Scene: A narrow street
Roles:
Street performers: perform in the street to seek public attention
to earn money.
Protestors: sit-in on the street pavement to protest against
violation of human rights by the government.
Hawkers: sell goods in the streets to earn money. There is acompetitive environment for business.
Residents nearby and pedestrians: walk in the street, interact
with other street users and may stop in the street for very short
break.
Police: carry action to ensure no blockage on the street, public
safety and public order. They may have special tasks like stopping
all street activities.
Props:
Prepare goods for hawkers and instruments for street
performance. Prepare placards for protestors. All roles, except thepolice, keep particular props money and record cards and use themwhen interacting with other users. For instance, street performers
may seek public attention through performance. The public may pay
specific amount of props money to the performers if they enjoy theperformance while the performers need to sign the pedestrian record
card. The residents nearby and pedestrians collect signatures for theirrecord card to buy goods from hawkers, appreciate street performance,
and talk to the protestors. People playing the roles may try to do theirbest in getting what the roles are meant to achieve (earn as muchmoney as possible or get as many signatures as they can).

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upper secondary level

Step 1:
Groups of different roles prepare their respective props, anddiscuss the space and regulations affecting the performance of theirtasks. Groups of police discuss the criteria for law execution.
Step 2:Socio-game starts running.
Step 3:After the game runs for 10 minutes, the police carry out aspecial task including stopping people from waiting on the street
for the sake of public safety, or preventing the blockage of streets toensure public order or non-obstruction of street use, or asking thehawkers either to leave or have their goods confiscated, or asking theprotestors to leave, or taking away their banners, or arresting them.

2. Analysis
The teacher provides guide questions for debriefing and class discussionof the socio-game:• What principles would you consider regarding the use of the street?
Who owns the street and how is it managed? What are the rights ofeach street user? How do you balance the rights of each street user?
• What did you feel when you saw the police stopping the street
performers, protestors, pedestrians and hawkers from using thestreet? Do you see the need to demand for justifications from thepolice for such action? Will you join in solidarity with the street users
to protect your rights? Why? What actions will you take if you faced
unjustified and unfair order to clear the street?
• What rights of street users are possibly violated in the clearance
action by police? Does the action have justifications?
• What are the legitimate and justified limitations on street users?
• What are the multiple meanings of the street as public place?
• Share your experience of using the street. Are the new street andshopping mall designs favorable for walking in the street?
The teacher writes on the board some of the highlights of the students’
responses to the guide questions.
3. Abstraction
The teacher draws from the discussions of the students the following
points:• People own the public places235

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS•

The rights of street users include freedom of expression, right topeaceful assembly, right to work, right to free choice of employment,right to freely participate in the cultural life of the community andenjoy the arts.

The teacher explains the principle that certain human rights may also be
limited or restricted under defined conditions.
The explanation can cover the• Limitations on freedom of expression stated in Article 19(3) of theInternational Covenant on Civil and Political Rights• Restrictions on freedom of assembly stated in Article 21 of theInternational Covenant on Civil and Political Rights• Restriction on rights and proportionality test.
Finally, the teacher explains the ideas about people and public places
such as “Reclaiming the streets by people” that is meant to help improve theurban environment.
4. Application
The teacher asks the students to form groups to discuss the followingcase and decide whether or not protests are public place obstruction and how
to draw a line on respecting the freedom of expression and obstruction.
Yeung May Wan & Others v HKSAR (CFA, May 2005)
Time: March 2002
People: 16 protestors of Falungong
Venue: The pedestrian road outside the Chinese Liaison Office
Action: Peaceful sit-in outside the Office
Police Action: Warnings given, and later order to protestors toclear the public place
Charges: When the protestors refused to leave the place, they
were arrested and charged with public place obstruction, assaulting
police, etc.

The teacher instructs the groups to report their discussion to the wholeclass.
The teacher debriefs the students by explaining what public placeobstruction means:
Public place obstructions include: “(1) act which directly orconsequentially caused an obstruction to a public place, (2) the act
must have been done without lawful authority or excuse”. “What was236

upper secondary levelreasonable was a question of fact and degree depending on all thecircumstances, including the obstruction’s extent, duration, time,
place and purpose.” The court also needs to give substantial weight tothe constitutionally protected right to demonstrate. (Reference: Basic
Law Bulletin Issue No. 8, Jan 2006, pages 13-15, www.doj.gov.hk/
eng/public/pub20030002_i8.htm)
C. Closure
The teacher ends the session by saying that public places, in general,
freely allow the people to exercise their rights. The streets are public places
where people can exercise a variety of rights for different users including theright to freedom of expression, right to work, social and cultural rights, andright to freedom of assembly (in the form of actions in response to humanrights violations). The teacher also stresses how the lesson facilitates thelearning of these rights through socio-games.
IV

EVALUATION
The teacher may ask the students to collect newspaper clippings
regarding the deprivation of rights of street performers and hawkers to use
public places or privatization of public place, and give their comments on
them.
Guided keywords for searching news clippings:- Street performers Mr. Andrew So- Hawkers “Eggwaffle uncle” Ng yuk-fai in Tai Hang
- Public place in Times Square in Causeway Bay and Woo Cheong
Pawn in Wan Chai.
Alternatively, the teacher may ask the students to write or draw summary
note and reflective journal after the class.
Notes
The Universal Declaration of Human Rights affirms that the exercise of a person’s rights
and freedoms may be subject to certain limitations, which must be determined by law, solely forthe purpose of securing due recognition of the rights and freedoms of others and of meetingthe just requirements of morality, public order and the general welfare in a democratic society.
Rights may not be exercised contrary to the purposes and principles of the United Nations, orif they are aimed at destroying any of the rights set forth in the Declaration (arts. 29 and 30).
The International Covenant on Economic, Social and Cultural Rights states that the rights
provided for therein may be limited by law, but only in so far as it is compatible with the natureof the rights and solely to promote the general welfare in a democratic society (art. 4).
Unlike the Universal Declaration [Human Rights] and the [International] Covenant on
Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights
contains no general provision applicable to all the rights provided for in the Covenant authorizing
restrictions on their exercise. However, several articles in the Covenant provide that the rights

237

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS
being dealt with shall not be subject to any restrictions except those which are prescribed by law
and are necessary to protect national security, public order, or the rights and freedoms of others.
The International Bill of Human Rights, Fact Sheet No. 2 (Rev.1), Centre for Human Rights(Geneva, 1988), pages 11-12.

238

upper secondary level

N5

N PLA

LESSO

Burning National Flag and Freedom of Expression
The exercise of the right to freedom of expression should be respected
and protected. However, there are recognized limits to the exercise of suchright. What should be the guide for people in exercising this right?
Topic 				Level 				Subject 				Human Rights Concept 		
Time Allotment 		

: Burning national flag
and freedom of expression: Upper Secondary level: Liberal Studies, Human Rights
Education, Civic Education: Freedom of expression: One session

I

OBJECTIVES
Students will be able to discuss the concept and limits of freedom of
expression through the cases of flag burning.
II

RESOURCES• The Universal Declaration of Human Rights
Article 19: Everyone has the right to freedom of opinion andexpression; this right includes freedom to hold opinions without
interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.

239

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

Article 20: (1) Everyone has the right to freedom of peacefulassembly and association. (2) No one may be compelled to belong toan association.
• International Covenant on Civil and Political Rights
Article 19:(1) Everyone shall have the right to hold opinions without
interference.
(2) Everyone shall have the right to freedom of expression; thisright shall include freedom to seek, receive and impart informationand ideas of all kinds, regardless of frontiers, either orally, in writing
or in print, in the form of art, or through any other media of his
choice.
(3) The exercise of the rights provided for in paragraph 2 ofthis article carries with it special duties and responsibilities. It may
therefore be subject to certain restrictions, but these shall only be suchas are provided by law and are necessary: (a) For respect of the rights
or reputations of others; (b) For the protection of national security orof public order (ordre public), or of public health or morals.
• Discussion Materials
III

PROCEDURE
A. Opener
The teacher explains the fact that there are cases of people burning
their national flag or the national flag of other countries as part of acts ofprotest. The teacher asks the students: Is burning your own national flag orthat of other countries a kind of exercise of freedom of expression or not?
Where should we draw the line between exercise of such freedom and acts
considered otherwise?
B. Development of Activities
1. Activity
The teacher asks the students to read the Discussion Materials below.

Discussion Material 1:
A Mainland Chinese tourist was imprisoned in 2011 for taking
down and burning a “5 stars” flag, the national flag of the People’s
Republic of China, from the flagpole in Golden Bauhinia Square in
Wanchai. He was convicted of violating the National Flag and National
Emblem Ordinance. He explained in the Court that the national flag
he burned did not represent China. Only the “Blue Sky, White Sun”

240

upper secondary level

flag assigned by Dr. Sun Yat-sen was the genuine national flag for
China. (Apple Daily, 24 July 2011)
Discussion Material 2:
Section 7 of the National Flag and National Emblem Ordinancestates “A person who desecrates the national flag or national emblem
by publicly and willfully burning, mutilating, scrawling on, defilingor trampling on it commits an offence and is liable on conviction to afine at level 5 [50,000 HK Dollars] and to imprisonment for 3 years.”
Non-governmental organizations criticize the Ordinance forviolating the right to freedom of expression enshrined in the Basic
Law and the International Covenant on Civil and Political Rights.
Two protestors publicly showed defaced national and regionalflags to protest against the Chief Executive who was elected by asmall circle of voters. They were convicted under the Ordinance.
In 1999, the Final Court of Appeal affirmed the convictions. In its
summary, the Court states that “By criminalizing desecration of thenational and regional flags, the statutory provisions in question
constitute a limited restriction on the right to freedom of expression.
The aims sought to be achieved are the protection of the national
flag as a unique symbol of the Nation and the regional flag as aunique symbol of the Hong Kong Special Administrative Region inaccordance with what are unquestionably legitimate societal andcommunity interests in their protection. Having regard to what is
only a limited restriction on the right to the freedom of expression, thetest of necessity is satisfied. The limited restriction is proportionate
to the aims sought to be achieved and does not go beyond what is
proportionate. “ (FACC No. 4 of 1999 – the judgment was issued on
15 December 1999. Further details available at (1) http://legalref.
judiciary.gov.hk/lrs/common/search/search_result_detail_frame.
jsp?DIS=18937&QS=%2B&TP=JU (2) www.law.hku.hk/conlawhk/
sourcebook/conlawcase/NgkungsiuCFAe.htm)
Discussion Material 3:
The Supreme Court of the United States ruled that the ban ondesecrating the American national flag in the state law and federal
law violated the freedom of expression protected under the First
Amendment to the United States Constitution.
Reference: The United States Supreme Court in Texas v. Johnson,
491 U.S. 397 (1989), U.S. v. Eichman, 496 U.S. 310 (1990)
Discussion Material 4:
The “Blue Sky, White Sun” flag was the revolutionary flagof Hsing Chung Hui (literally Revive China Society) and is theKuomintang flag now.

241

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMSThe “Blue Sky, White Sun and Red Ground” flag was once thenational flag of Republic of China in Mainland China in 1920s. The
People’s Republic of China was established by the Chinese Communist
Party in Mainland China in 1949 and has used the “5 stars” red flagas national flag from that time till now. The “Blue Sky, White Sun
and Red Ground” flag is regarded as the national flag of the Republicof China in Taiwan.

The teacher instructs the students to form small groups and answer thefollowing questions related to the Discussion Materials:• What did the Mainland Chinese tourist in Discussion Material 1 think
about the country represented by the national flag? Why did he burnthe flag?
• Why did the protestors desecrate the national flag? What did theywant to express?
• Does ban on burning national flag violate freedom of expression?
Please explain your views briefly.
The teacher asks the groups to report their respective discussions to thewhole class.
2. Analysis
The teacher leads the debriefing on the group discussions and asks thefollowing questions:• What is/are being protected in the ban of burning or damaging thenational flag?
• Is protection of country’s dignity a legitimate and justified ground to
restrict or ban burning national flag?
• What does “respect the national flag” mean? Who should respect thenational flag?
• Are there any conditions for respecting the national flag of own
country and other countries?
• If we agree that the burning or damaging of our own national flag
should be a criminal offence, how about burning the flag of othercountries?
The teacher writes on the board the main points in the answers of thestudents to the questions that are for and against the idea that burning theflag is an exercise of the right to freedom of expression.
3. Abstraction
Using the responses of the students to the questions, the teacher
explains the concept of limitation of rights. The teacher cites Article 19242

upper secondary levelof the International Covenant on Civil and Political Rights that states thelimitations on freedom of expression.
The teacher notes that the exercise of the rights under this article carries
with it “special duties and responsibilities,” and is thus subject to certain
restrictions. The teacher stresses that such restrictions must follow specificrequirements, namely,• They are provided by law and• The law is necessary:(a) to be able to respect the rights or reputation of others;(b) to protect national security or of public order (ordre public),		or of public health or morals.
• They pass the proportionality test.
4. Application
Students may discuss and work on summarizing the session by using
the mind mapping technique, that is, writing “a central word or concept,
around the central word [and drawing] 5 to 10 main ideas that relate to thatword. [For each] of those child words … again draw the 5 to 10 main ideasthat relate to each of those words.” (Mind Mapping FAQ, http://members.
optusnet.com.au/charles57/Creative/Mindmap/mindmapfaq.html).
C. Closure
The teacher explains that the lesson has covered the concept and limits of
freedom of expression through the cases of flag burning.
IV

EVALUATION
The teacher may ask the students to either
a. research and comment on which countries, which have ratified theInternational Covenant on Civil and Political Rights, allow or ban national
flag burning.
b. write reflective journal after the class.

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HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

N6

N PLA

LESSO

Freedom of expression and assembly
The right to freedom of expression is an important human right thatshould be protected by law. The exercise of this right can however be limited
under certain conditions. What are justified limitations on freedom of
expression vary from case to case. There is a need to clarify the context
involved in order to determine whether or not the limitation of the right canbe justified.
Topic 				Level 				Subject 				Human Rights Concept 		

Time Allotment 			I: Freedom of expression and assembly: Upper secondary: Liberal Studies, Human Rights
Education, Civic Education:- Concept and limits ofthe freedom of expression- Right to hold peaceful assembly: Two sessions

OBJECTIVES
Students will be able to discuss the concept and limits of freedom of
expression through the following cases: (1) Cases highlighting the rights
to protest and counter-protest and limits on freedom of expression, etc; and(2) Case of the call for an “International Burn a Koran Day” on 11 September
2010 by American pastor Terry Jones.

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upper secondary level

II

RESOURCES•International Covenant on Civil and Political Rights
Article 19:(1) Everyone shall have the right to hold opinions without
interference.
(2) Everyone shall have the right to freedom of expression; thisright shall include freedom to seek, receive and impart informationand ideas of all kinds, regardless of frontiers, either orally, in writing
or in print, in the form of art, or through any other media of his
choice.
(3) The exercise of the rights provided for in paragraph 2 ofthis article carries with it special duties and responsibilities. It may
therefore be subject to certain restrictions, but these shall only be suchas are provided by law and are necessary: (a) For respect of the rights
or reputations of others; (b) For the protection of national security orof public order (ordre public), or of public health or morals.
Article 20:(1) Any propaganda for war shall be prohibited by law.
(2) Any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence shall be
prohibited by law.
Article 21:
The right of peaceful assembly shall be recognized. No restrictions
may be placed on the exercise of this right other than those imposedin conformity with the law and which are necessary in a democraticsociety in the interests of national security or public safety, publicorder (ordre public), the protection of public health or morals or theprotection of the rights and freedoms of others.
• Discussion materials
III

PROCEDURE
A. Opener
The teacher explains that the lesson continues the discussion of theconcept and limits of freedom of expression discussed in the previous class,and will focus on case studies to learn more about the limits of the freedomof expression.
B. Development of Activities
1. Activity

245

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMSThe teacher tells the students to form small groups (not more than 5
students) and discuss the particular role involved in the case (described
below) assigned to each group.
Case: Protest and counter-protest
Background: In city A, a group of protestors demonstrates andurges that the foreign domestic workers working in the city for years
should not be eligible to apply for the right of abode. Another groupof protestors that campaigns against racial and class discrimination
comes to the same place and counter-protests the original protest.

Roles & Guide Questions:(1) The government: How will you handle the protest and counterprotest? Will you impose any restrictions on the protests? If yes, on
what conditions, on which group, and what kind of restrictions will
you impose and why? If not, what is/are the reason(s)?
(2) Protestors opposed to the eligibility of foreign domestic
workers working in the city for years to apply for right of abode:
What do you think about the counter protest? What is the impact
if protest and counter protest took place in the same place? Whatshould the government do in this situation?
(3) Protestors from counter protest: Why do you come to counter
protest? Do you think that counter protest is protected by freedomof expression enshrined by international human rights law and local
law? What should the government do in this situation? If counter
protest is being restricted or banned, do you think it is justified? If
yes, why?
The teacher asks the groups to present their views after thegroup discussion to the whole class. The presenting group can bequestioned at least twice by other groups.

2. Analysis
The teacher debriefs the students by raising the following questions:• Do you think the government should impose restrictions or ban
protest and counter-protest in the same place? Under what conditions,and what restrictions are appropriate to be applied? Why?
• What is the limit of freedom of expression? What conditions andcriteria should be employed to restrict freedom of expression?
3. Abstraction
Referring to the responses of the students, the teacher points to several
principles regarding peaceful assemblies:• The right to peaceful assembly applies to protest and counter-protest

246

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•

•

•

The right to peaceful assembly involves the positive duty on thegovernment to take reasonable and appropriate measures to enable
lawful assemblies to take place peacefully. (Reference: Para 22 & 23.
Leung Kwok Hung & Others v. HKSAR. FACC 1 & 2 /2005, 2005.7.8)
The government should not easily restrict or ban the right to peacefulassembly and should not favor any of the groups involved.
Article 19 of the International Covenant on Civil and Political Rights
states the limitations on freedom of expression: Article 19(3): The
exercise of the rights provided for in paragraph 2 of this article
carries with it special duties and responsibilities. It may therefore
be subject to certain restrictions, but these shall only be such as areprovided by law and are necessary: (a) For respect of the rights or
reputations of others; (b) For the protection of national security or of
public order (ordre public), or of public health or morals.
The proportionality test must be applied in determining measures that
could restrict or stop the exercise of the right to peaceful assembly.

4. Application
The teacher presents the case of the call by an American pastor (Terry
Jones) to burn the Qur’an in his “International Burn the Koran Day” set on
11 September 2010. The teacher explains that while burning the Qur’an asa symbolic act is a protected act under the freedom of expression enshrinedby the First Amendment to the United States Constitution, it has upset theAmerican public, and caused anger against it to rise in the Islamic world.
The teacher asks the students to think of this case using the following
guide questions:(1) What do you think about the public call for Qur’an burning by
American pastor Terry Jones?
(2) What is the limit of freedom of expression? What does justified
limitation mean?
(3) Under what condition burning something as symbolic act should be
restricted?
(4) Does freedom of expression include speech that upset people? Does it
include speech inciting racial and religious hatred?
(5) What do you think about the degree of the protection of freedom of
expression under the United States Constitution?
C. Closure
The teacher concludes the discussion by saying that there are limits to
the right to freedom of expression as seen in the cases of protest and counterprotest, and public call by Terry Jones.

247

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMSIVEVALUATION

1. The teacher may evaluate the understanding of freedom of expression
by the students by further discussion on the following case:“The United States Supreme Court has declared that
demonstrations by Nazi groups in Jewish suburbs are legal formsof freedom of expression. Should such groups in fact be prevented
from promoting a doctrine that would lead to the destruction of awhole people? Or is that an unacceptable restriction of the right tofreedom of expression?” Quoted from Council of Europe: “Chapter
4.1 Understanding Human Rights”. COMPASS: A manual on humanrights education with young people. December 2002. www.eycb.coe.
int/compass/en/contents.html
2. The teacher may ask the students to write or draw summary note andreflective journal after the class.

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N7

N PLA

LESSO

International Labor Law
With the shift toward pro-market policies under the globalization process,deregulatory measures in the labor market resulted in an increase in thenumber of non-regular workers in many parts of the world. In the context
of inadequate employment safety net, learning about workers’ rights inschool becomes even more important. While it may be more practical to study
domestic labor law, knowing international standards such as those from theInternational Labour Organization (ILO) will help students know solutions
to labor problems from an international perspective, and will also make themlearn about global labor problems.
Topic 				Level 				Subject 				Human Rights Concept 		
Time Allotment 			I: International labor law: Upper secondary: Civics, synthetic learning: Workers’ rights: Three sessions

OBJECTIVES
Students will be able to
1. Discuss the International Labour Organization (ILO), its roles andsignificance2. Explain the rights that workers are entitled to3. Identify global labor problems
4. Cite the limitations of domestic labor laws, and the importance ofinternational labor standards.

249

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMSIIRESOURCES• International labor law cards, based on ILO conventions• Video - “ Stop Child Labor” by ILO, available on YouTube: www.
youtube.com/watch?v=wWzEA3GuMQc

III

PROCEDURE
A. Opener
The teacher shows the students the video entitled “Stop Child Labour”
produced by the ILO to learn about the different types of child labor aroundthe world.
B. Development of Activities
1. Activity
The teacher asks the students to form small groups (not more than 5 foreach group), and discuss Worksheet No. 1 (“Show a Red Card to the Presidentof the Company/Employer!,” see Annex 1).
Using the set of twenty “international labor law cards” (see Annex 2for the list of the contents of the cards) given to each group, the teacher
instructs the students to match an international labor law card to each of thestatements in Worksheet No. 1 and write the number of the card in the blankspaces beside the statements.
The teacher asks each group to report on the results of their respective
exercises to the class, and checks whether or not they gave the right answers.
See Annex 4 for the right answers.
2. Analysis
The teacher tells the groups that there are several international
agreements under ILO that do not cover Japan, because the Diet (parliament)
has not approved them yet. Each group guesses and divides all twenty cards
into two groups: those agreements that cover Japan and those that do not.
Each group shows its answers to other groups.
The teacher tells the groups that cards with numbers 3,4,7,8,10,14,15,18,
and19 are the ones referring to agreements that are not approved yet by
Japan’s Diet and asks them to discuss why each agreement has not been
ratified and if it should be ratified or not. They write the reasons on therespective spaces at the back of Worksheet No. 1.
The groups report the results of their discussion to the whole classexplaining what they think are reasons for non-approval of the agreements
and why they should be approved by the Diet.

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3. Abstraction
The teacher cites the important function of the ILO in setting international
labor standards in order to provide workers all over the world with the chance
to enjoy similar rights as workers. The teacher refers to the “international
labor law cards” as examples of the different conventions or agreements thatcountries around the world would be able to commit to fulfilling, for the sakeof their own workers.
The teacher explains that in international law the final approval ofinternational agreements by the countries is called ratification. This is doneby the parliament (Diet) after a government representative signs them.
The teacher discusses the current status of ratification of ILO conventions,as well as the fact that domestic laws would either have to be amended or newlaws have to be enacted to comply with the conventions if Japan became astate party to them. See Annex 3 for the list of ILO conventions that havebeen ratified by Northeast Asian countries.
4. Application
The teacher gives an assignment to the students to research on real casesof labor rights violations in Japan and in the other countries that correspondto the cases on Worksheet No.1. For Japanese cases, the teacher also tells thestudents to look for provisions in Japanese domestic laws that correspond to
those in international labor law cards.
5. Closing
The teacher stresses the existence of international labor standards thatcan benefit workers in all countries of the world, and would promote, protect
and realize their rights. They are probably most useful in dealing with thechanging situation brought on by globalization, which affects labor.
The teacher also cites the need for Japan to be bound by these international
labor standards by committing to the ILO conventions, including changing
domestic labor laws.
IV

EVALUATION
The teacher tells the students to write a reflection paper on the importanceof following the international labor standards to benefit all workers.

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Annex 1
Worksheet No.1 “Show a Red Card to the
President of the Company/Employer!”
NumberCard No.

1“It is an unprecedented huge accident. It is not
the time to follow a dosimeter!”

2“You are fired! You have too many grievances. I
found another person to replace you!”

3“You are already senior secondary school
students, so you can work like grown-ups!”

4“Women cannot expect the same salary as maletaxi drivers!”

5“You are only allowed to have maternity leave forone month!”6“Finally we have a rush of orders! You will nothave any holidays this month!”7“Go back to your own country, if you dare to ask
for the same working conditions as the others!”

8“Our company does not allow our employees tojoin a labor union!”9“Our company is a temporary staffing agency;
we don’t accept collective bargaining by our
employees!”10“If you are found to be HIV positive after a blood
test, your employment will be terminated!”

11“Would you like to have a paid date with me? I
like young girls like you.”252

upper secondary level12“If you promise you won’t join a labor union, we
will employ you!”

13“Our company won’t employ any foreigners!”

14“The economy is still in recession, we just cannot
pay your salary for some time. If you won’t agree,
go and find a different job.”

15“As you are a live-in maid, you won’t have any
holidays!”

16“You will be paid half of the salary of the full time
workers! The work is the same but you are only apart-timer.”

17“When you are back in the office after yourmaternity leave, your working hours will not be
the same as before!”

18“You will be paid almost nothing until you havelearned your work!”

19“Give up your holidays to make up for thecompany’s loss due to your walkout!”

20“It is no use if you report this to the labor
standards office!”

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HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

Annex 2
International Labor Law Cards
Prepared by Akio Hige
Card no. 1
C081 - Labour Inspection Convention, 1947 (No. 81)
A system of labour inspection makes sure the enforcement oflaws relating to conditions of work and the protection of workers
while engaged in their work, such as provisions relating to hours,
wages, safety, health and welfare, the employment of children andyoung persons, and other connected matters. The system also helps
employers and workers on how to follow what the laws require. Andin cases there are problems or abuses not mentioned in the law, thesystem can help bring the matters to proper government agencies
for resolution. (Article 3)
A system of labour inspection should cover all workplaces.
(Article 2)

Card no. 2
C087 - Freedom of Association and Protection of the Right toOrganise Convention, 1948 (No. 87)
All workers and employers have the right to freely establish andjoin any organization that would promote and defend their interests
as workers or employers. (Article 2)254

upper secondary level

Card no. 3
C095 - Protection of Wages Convention, 1949 (No. 95)
Wages means remuneration or earnings capable of being
expressed in terms of money and fixed by mutual agreement or bynational laws or regulations, which are payable in virtue of a written
or unwritten contract of employment by an employer to an employedperson for work done or to be done or for services rendered or to berendered. (Article 1)
Wages payable in money shall be paid only in legal tender,
directly to the worker. Payment of wages by bank cheque or postal
cheque or money order in cases in which payment in this manner
is customary or is necessary because of special circumstances, orwhere a collective agreement or arbitration award so provides, or,where not so provided, with the consent of the worker concerned.
(Articles 3 and 5)

Card no. 4
C097 - Migration for Employment Convention(Revised), 1949 (No. 97)
Immigrants must be treated no less favorable than national
employees regarding
a. remuneration, membership of trade unions and enjoyment of
the benefits of collective bargaining, accommodationb. social securityc. employment taxes, dues or contributions payabled. legal proceedings relating to the matters referred to in thisConvention.

Card no. 5
C098 - Right to Organise and Collective Bargaining Convention,
1949 (No. 98)
Workers shall enjoy adequate protection against acts of antiunion discrimination in respect of their employment. Employers
cannot make the employment of a worker subject to the condition
that he/she shall not join or relinquish trade union membership, nordismiss or prejudice a worker by reason of union membership or
participation in union activities.

255

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

Card no. 6
C100 - Equal Remuneration Convention, 1951 (No. 100)
The principle of “equal remuneration for men and women
workers for work of equal value” should apply to all workers.

Card no. 7
C105 - Abolition of Forced Labour Convention,
1957 (No. 105)
Any form of forced or compulsory labour is not allowed,•
as a method of political coercion or education or as apunishment for expressing views ideologically opposed tothe established system;•
as a method of using labour for economic development;•
as a means of discipline;•
as a punishment for participation in strikes; and•as a means of racial, social, national or religious
discrimination.

Card no. 8
C111 - Discrimination (Employment and Occupation) Convention,
1958 (No. 111)
The government should adopt a national policy designed topromote “equality of opportunity and treatment in employment andoccupation” in order to eliminate any discrimination in employment
and occupation.
Discrimination means any distinction, exclusion or preference
made on the basis of race, colour, sex, religion, political opinion,
national extraction or social origin, and such other distinction,
exclusion or preference, which has the effect of nullifying or
impairing equality of opportunity or treatment in employment or
occupation.

256

upper secondary level

Card no. 9
C115 - Radiation Protection Convention, 1960 (No. 115)
In the light of knowledge available at the time, all appropriate
steps shall be taken to ensure effective protection of workers, asregards their health and safety, against ionising radiations. (Article
3)
Every effort shall be made to restrict the exposure of workers
to ionising radiations to the lowest practicable level, and any
unnecessary exposure shall be avoided by all parties concerned.
(Article 5)

Card no. 10
C131 - Minimum Wage Fixing Convention, 1970 (No. 131)
The government should establish a system of minimum wages
which covers all groups of wage earners whose terms of employment
are such that coverage would be appropriate. (Article 1)
The determination of the level of minimum wages shall consider
the following:(a) the needs of workers and their families, taking into accountthe general level of wages in the country, the cost of living, social
security benefits, and the relative living standards of other socialgroups;(b) economic factors, including the requirements of economic
development, levels of productivity and the desirability of attaining
and maintaining a high level of employment.

Card no. 11
C138 - Minimum Age Convention, 1973 (No. 138)
The government should adopt a national policy designed toensure the effective abolition of child labour and to raise progressively
the minimum age for admission to employment or work to a levelconsistent with the fullest physical and mental development of young
persons. (Article 1)
The minimum age shall not be less than the age of completionof compulsory schooling and, in any case, shall not be less than 15
years.
If the economy and educational facilities are insufficiently
developed, the government may, after consultation with the257

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

Card no. 11 (Cont’d)organisations of employers and workers concerned, where such
exist, initially specify a minimum age of 14 years. (Article 2)
The minimum age for admission to any type of employment orwork which by its nature or the circumstances in which it is carriedout is likely to jeopardise the health, safety or morals of young
persons shall not be less than 18.
But national laws or regulations or the competent authority may,after consultation with the organisations of employers and workers
concerned, where such exist, authorise employment or work as fromthe age of 16 years on condition that the health, safety and morals of
the young persons concerned are fully protected and that the young
persons have received adequate specific instruction or vocational
training in the relevant branch of activity. (Article 3)

Card no. 12
C156 - Workers with Family Responsibilities Convention,
1981 (No. 156)
There should be a national policy on enabling persons withfamily responsibilities who are engaged or wish to engage in
employment to exercise their right to do so without being subject todiscrimination and, to the extent possible, without conflict between
their employment and family responsibilities. (Article 3)
Effective equality of opportunity and treatment for men andwomen workers, all measures compatible with national conditions
and possibilities shall be taken-(a) to enable workers with family responsibilities to exercise
their right to free choice of employment; and(b) to take account of their needs in terms and conditions of
employment and in social security. (Article 4)
There are also further actions to be taken -(a) to take account of the needs of workers with family
responsibilities in community planning; and(b) to develop or promote community services, public or private,
such as child-care and family services and facilities. (Article 5)258

upper secondary level

Card no. 13
C158 - Termination of Employment Convention, 1982 (No. 158)
The employment of a worker shall not be terminated unless there
is a valid reason for such termination connected with the capacity or
conduct of the worker or based on the operational requirements of
the undertaking, establishment or service. (Article 4)
The following, among others, shall not constitute valid reasonsfor termination:(a) union membership or participation in union activities outside
working hours or, with the consent of the employer, within working
hours;(b) seeking office as, or acting or having acted in the capacity of,a workers’ representative;(c) the filing of a complaint or the participation in proceedings
against an employer involving alleged violation of laws or regulations
or recourse to competent administrative authorities;(d) race, colour, sex, marital status, family responsibilities,
pregnancy, religion, political opinion, national extraction or social
origin;(e) absence from work during maternity leave. (Article 5)
Temporary absence from work because of illness or injury shallnot constitute a valid reason for termination.
The employment of a worker shall not be terminated for reasons
related to the worker’s conduct or performance before he is provided
an opportunity to defend himself against the allegations made,unless the employer cannot reasonably be expected to provide thisopportunity. (Article 6)

Card no. 14
C175 - Part-Time Work Convention, 1994 (No. 175)
Measures shall be taken to ensure that part-time workers receive
the same protection as that accorded to comparable full-time workers
in respect of:(a) the right to organize, the right to bargain collectively and theright to act as workers’ representatives;(b) occupational safety and health;(c) discrimination in employment and occupation.(Article 4)
Measures shall be taken to ensure that part-time workers receive
conditions equivalent to those of comparable full-time workers in thefields of:259

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

Card no. 14 (Cont’d)(a) maternity protection;(b) termination of employment;(c) paid annual leave and paid public holidays; and(d) sick leave,
it being understood that pecuniary entitlements may be
determined in proportion to hours of work or earnings. (Article 7)

Card no. 15
C181 - Private Employment Agencies Convention, 1997 (No. 181)
Convention concerning Private Employment Agencies
1. In order to promote equality of opportunity and treatment inaccess to employment and to particular occupations, a Member shallensure that private employment agencies treat workers without
discrimination on the basis of race, colour, sex, religion, politicalopinion, national extraction, social origin, or any other form of
discrimination covered by national law and practice, such as age ordisability.
2. Paragraph 1 of this Article shall not be implemented in sucha way as to prevent private employment agencies from providing
special services or targeted programmes designed to assist the mostdisadvantaged workers in their jobseeking activities. (Article 5)
1. Private employment agencies shall not charge directly or
indirectly, in whole or in part, any fees or costs to workers.
Article 9
A Member shall take measures to ensure that child labour is not
used or supplied by private employment agencies. (Article 7)
1. Each Member shall design and implement programmes ofaction to eliminate as a priority the worst forms of child labour.
(Article 6)260

upper secondary level

Card no. 16
C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)
The worst forms of child labour comprises:(a) all forms of slavery or practices similar to slavery, such as thesale and trafficking of children, debt bondage and serfdom and forced
or compulsory labour, including forced or compulsory recruitmentof children for use in armed conflict;(b) the use, procuring or offering of a child for prostitution, forthe production of pornography or for pornographic performances;(c) the use, procuring or offering of a child for illicit activities, inparticular for the production and trafficking of drugs as defined in
the relevant international treaties;(d) work which, by its nature or the circumstances in which it iscarried out, is likely to harm the health, safety or morals of children.
(Article 3)

Card no. 17
C183 - Maternity Protection Convention, 2000 (No. 183)
Each Member shall, after consulting the representative
organizations of employers and workers, adopt appropriate measures
to ensure that pregnant or breastfeeding women are not obliged toperform work which has been determined by the competent authority
to be prejudicial to the health of the mother or the child, or where an
assessment has established a significant risk to the mother’s healthor that of her child. (Article 3)
Pregnant or breastfeeding women are entitled to a period ofmaternity leave of not less than 14 weeks. (Article 4)
The maternity leave shall be provided before or after thematernity leave period in the case of illness, complications or riskof complications arising out of pregnancy or childbirth. (Article 5)
Cash benefits shall be provided to women who are absent fromwork on leave. The amount of cash benefits should ensure that the
woman can maintain herself and her child in proper conditions ofhealth and with a suitable standard of living.
Medical benefits shall be provided for the woman and herchild such as prenatal, childbirth and postnatal care, as well as
hospitalization care when necessary. (Article 6)
It shall be unlawful for an employer to terminate the employmentof a woman during her pregnancy or absence on leave or during aperiod following her return to work, except on grounds unrelated tothe pregnancy or birth of the child and its consequences or nursing.
The burden of proving that the reasons for dismissal are unrelated to261

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

Card no. 17 (Cont’d)pregnancy or childbirth and its consequences or nursing shall reston the employer. (Article 8)
A woman shall be provided with the right to one or more daily
breaks or a daily reduction of hours of work to breastfeed her child.
(Article 10)

Card no. 18
C189 - Domestic Workers Convention, 2011 (No. 189)
The government shall take measures to ensure the effective
promotion and protection of the human rights of all domestic
workers, such as(a) freedom of association and the effective recognition of theright to collective bargaining;(b) the elimination of all forms of forced or compulsory labour;(c) the effective abolition of child labour; and(d) the elimination of discrimination in respect of employment
and occupation. (Article 3)
The government shall take measures to ensure that domestic
workers enjoy effective protection against all forms of abuse,harassment and violence. (Article 5)
The government shall take measures to ensure that domestic
workers, like workers generally, enjoy fair terms of employment aswell as decent working conditions and, if they reside in the household,decent living conditions that respect their privacy. (Article 6)

Card no. 19
C001 - Hours of Work (Industry) Convention, 1919 (No. 1)
The working hours of persons employed in any public or
private industrial undertaking or in any branch thereof, other thanan undertaking in which only members of the same family are
employed, shall not exceed eight in the day and forty-eight in theweek. (Article 2)
In exceptional cases where it is recognised that the provisionsof Article 2 cannot be applied, but only in such cases, agreements
between workers’ and employers’ organisations concerning the daily
limit of work over a longer period of time may be given the force ofregulations, if the Government, to which these agreements shall be
submitted, so decides.
The average number of hours worked per week, over the number
of weeks covered by any such agreement, shall not exceed fortyeight. (Article 5)262

upper secondary level

Source: The texts used in these cards are either direct quotations
or based on provisions of the ILO Conventions. The full text of theConventions are available at: NORMLEX - Information System
on International Labour Standards - www.ilo.org/dyn/normlex/
en/f?p=1000:12000:0::NO:::See also:
www.ilo.org/public/japanese/region/asro/tokyo/standards/list.htm

Annex 3
Ratification of ILO Conventions in Northeast Asia
Hong
Kong

Japan

Korea

C081

P

P

P

C087

P

P

P

P

P

P

Country

China

Mongolia

C095
C097
C098
C100

P

C105
C111

P
P

P

C115

P
P

C131
C138
C156

P

P

P

P
P

P

P

P

P

P

P

C158

263

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

Ratification of ILO Conventions in Northeast Asia (Cont’d)Country

China

Hong
Kong

Japan

Korea

Mongolia

C175
C181

P

C182

P

P

P

P

P

C183
C189
Note: Data taken from Normlex – Ratification by Country, www.ilo.org/dyn/normlex/
en/f?p=1000:11001:0::NO:::

Annex 4The Right Answers in Worksheet No. 1
Issue
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

264

Card
No.
9
13
11
6
17
19
4
2
5
13
8
5
8
3
18
14
17
3
19
1

upper secondary level

N8

N PLA

LESSO

Right to Vote
Human rights are enjoyed and protected best within the confines of ademocratic society. At the same time, democracy thrives through the proper
exercise of relevant human rights. Students can understand by themselves
the meaning of human rights that relate to democracy through participation
in a mock election. This exercise facilitates their interest in politics byproviding the opportunity for them to find and think about local issues andsocial problems, as well as to make them feel that they are members of society
responsible for the solution of such problems.
Topic
Level
Subject: Right to Vote
: Upper secondary: Civics and synthetic learning

Human Rights Concept:- Democracy- Child and youth
participation in society: Three sessions

Time AllotmentI

OBJECTIVES
Students will be able to
1. Explain the concept of democracy and act out roles in democracy as
citizens

265

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

2. Discuss the right to vote
3. Discuss the general idea of participation in the government of acountry from a human rights perspective.
II

RESOURCES• Official election publications and newspaper clippings of election
platforms (manifestos) of different candidates• Election ballots• Article 21 of the Universal Declaration of Human Rights:
1. Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.
2. Everyone has the right to equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government;
this shall be expressed in periodic and genuine elections which shall be byuniversal and equal suffrage and shall be held by secret vote or by equivalent
free voting procedures.
III

PROCEDURE
A. Opener
The teacher introduces to the students basic knowledge about elections(i.e., principles and rules, suffrage, importance of voters’ turnout), and asksthem how their parents and other family members make decisions on who tovote for during elections.
B. Development of Activities
1. Activity
The teacher asks the students to form small groups (not more than 5 foreach group) to discuss issues and questions that arise from official election
publications and the manifestos of candidates.
The teacher explains that a mock election will be held involving the realelection candidates.
In order to help the students make their respective decisions, the teacher
instructs the groups to present their views about the election issues andquestions to the whole class.
The teacher holds a mock election by giving the students one ballot each.
Students write on the ballots the names of the candidates they vote for anddeposit them in a ballot box.
The teacher tallies the votes and announces the results.

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2. Analysis
The teacher asks the students to answer the following questions:• How did you decide on who to vote for?
• What did you feel when you participated in the mock election eventhough you are not yet of voting age?
• Do you have anything to say to the candidates?
The teacher notes the major answers of the students on the board.
3. Abstraction
The teacher states that participation in elections is a human right andis explicitly provided in Article 21 of the Universal Declaration of Human
Rights:
The will of the people shall be the basis of the authority of
government; this shall be expressed in periodic and genuine elections
which shall be by universal and equal suffrage and shall be held bysecret vote or by equivalent free voting procedures.
Article 21 likewise states that
1. Everyone has the right to take part in the government of his
country, directly or through freely chosen representatives.
2. Everyone has the right to equal access to public service in his
country.
The teacher explains that the article shows the different types ofparticipation in the government of a country, including local governments,and voting in elections is one of the important means of participating in thegovernment.
The teacher stresses the following:• the importance of voting in elections in order to determine the “willof the people” which in turn is the “basis of authority of government”• the importance of having proper bases for deciding who to vote forsuch as through documents like manifestos or events such as public
speeches and debates or mass media-based information dissemination
systems that explain what the election candidates have to offer to thepeople.
Finally, the teacher emphasizes that the right to vote should be treatedlike any human right – it must therefore be universal and equal for all
members of the community.

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HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

4. Application
The teacher asks the students to discuss in their groups the respective
sets of policies of two city mayors as shown in the table below and find which
set of policies promotes human rights more. After the group discussion, theteacher instructs them to report to the class and highlight the main humanrights being promoted.
City Mayor Policies on Education and Child-rearing:
Which is a better place to live in for children, City A or City B?
The Mayor of City A
•

•

•

•

•
•

•

268

The Mayor of City B

Overcome competition and•discrimination, develop creative
human resources
Enact an ordinance on eliminating •disparities in education andpromoting education and social•
welfare.
Reduce educational expenses borneby families of students to within•
3% of family budget.
Enact an ordinance to protect the•right to education (protection of
the rights of students)
Promote education on arts and•cultureOpen, free-of-charge, the cultural
facilities in Seoul City to children•
and youth
Promote innovative publicschools that play a leading role inchanging examination-oriented
educational environment

Develop human resources
who can respond to global
competition
Establish “Super Secondary
school”
Establish “Global Study
Course” in one of theprefectural secondary schools
Introduce market principles inpublic education
Abolish or reorganize
secondary schools that cannot
fill their quota of students
Promote the recruitment ofprincipals from the private
sectors (on fixed-term basis)
Adopt free school choice policy(students are allowed to opt
out of their assigned schools
to go to other public schools)upper secondary level

•

•
•

•
•
•
•

•
•
•

•

•

•
•

•
Increase support for the
improvement of educational
environments without differences
between the northern and•southern parts of the Han River
Establish learning support centers
Establish and manage a•multifunctional complex
that young people can use•
spontaneously
Involve community resources inbuilding community schools
Reduce burden of educational•
expenses for higher education•
Reduce by half the tuition fee ofSeoul University•
Promote housing provisions foruniversity students by building•
lodging places on campus
Promote entrepreneurship for
creative and sustainable jobs
Support creative venture businessby the youth sector•
Create more job opportunities
by developing local businesses,
cooperatives, and social enterprises
Make non-formal (temporary)employees become formal (regular)•
employees
Promote the conversion of
temporary workers to regular•
employees in the public sector“Welfare is the best investment
with the highest return”•
There is an unjust society where
the winners monopolize all and the•rest are unhappy

Adopt a common achievement
test (school record basedon absolute assessment
standards)
Employ stricter teacher
assessments to remove poor
performers
Subsidize private educational
institutions
Adopt tuition-free subsidy
program for private secondary
schools (age of recipients
limited)Adopt a school lunch program
Have a phased provision oflunch for prefectural schools
Install air conditioning inevery lower secondary school
Create a “Nishinari special
administrative ward” thatwould provide services closer
to the daily lives of the local
peopleMonthly distribution of
10,000 Yen worth coupons toevery household in the wardthat receives school expensesubsidy
Preferential treatment to thosetransferred into the ward withtax concessions
Subsidize tuition fees ofprivate primary and lower
secondary schools
Provide child-rearing
assistance
Subsidize medical expenses for
0 to 15 year-olds

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•

•
•

•

Improve nursery carecenters to shorten waiting
list of children applying foradmission
Provide medical checkup
service for pregnant womenIntegrate Osaka Prefecture
University and the Osaka City
University
Adopt an Osaka metropolis
plan that attracts human andfinancial resources in orderfor the city to be a winner inthe East Asia subregion.

5. Closing
The teacher emphasizes the need for people to exercise their right to vote,along with other related rights, in order to ensure their participation in thegovernment at both national and local levels.
IV

EVALUATION
For the further development of the activity, after reading the manifesto,
students can send open questions to the political parties and their candidates,
visit party head offices and campaign offices of candidates, in order toexchange opinions, or participate in open forums where candidates areinvited.
Comparison of policies of politicians from Japan and other Northeast
Asian countries will foster critical views among students towards Japanesepolicies.

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N
LESSO

PLAN

9

Equal Opportunity and Poverty“Unfair musical chair” is a metaphor of social structure that reproduces
poverty. Poverty should not be solely attributed to personal responsibility but
understood as an outcome of existing social structures. “Unfair musical chair”
is designed to learn about such structures, as it shows that disadvantages
are reproduced among those who are allowed unfair participation in thegames, as well as the lack of chairs being a fundamental structural problem.
By exploring the solution to break such structures, students can identify
social responsibility and will be motivated to build a society where everyone
can live without anxiety.
Topic 			Level 			Subject 			Human Rights Concept

Time Allotment 		
I: Equal Opportunity and Poverty: Upper secondary: Civics or Synthetic Learning:- right to social security- right to adequate standard of living: Three sessions

OBJECTIVES
Students will be able to
1. Explain poverty as a matter of social structure
2. Explore social systems that do not reproduce poverty, and support theright to social security and the right to adequate standard of living.

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HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMSIIRESOURCES• Newspaper clippings on the dismissal of dispatch workers• Statistics showing the increasing ratio over years of non-regular
employees• Articles 22 and 25 of the Universal Declaration of Human Rights
Article 22
Everyone, as a member of society, has the right to social security
and is entitled to realization, through national effort and international
co-operation and in accordance with the organization and resourcesof each State, of the economic, social and cultural rights indispensablefor his dignity and the free development of his personality.
Article 25
Everyone has the right to a standard of living adequate for thehealth and well-being of himself and of his family, including food,clothing, housing and medical care and necessary social services, andthe right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances
beyond his control.
Motherhood and childhood are entitled to special care andassistance. All children, whether born in or out of wedlock, shallenjoy the same social protection.

III

PROCEDURE
A. Opener
The teacher informs the students about the game called “Unfair musicalchair.” Since the activity requires physical movements, the teacher prepares
the students through an icebreaking activity.
B. Development of Activities
1. Activity
The teacher asks the students to put chairs in a circle, facing outward,
with the number of chairs being significantly less than the number ofstudents. For example, for a class of thirty students, use twenty chairs.
The teacher divides the students into two groups, Team A and Team B,
with nearly equal number of members.
The teacher reserves approximately 30 percent of the number of chairs
for Team A and places tags on the reserved chairs to distinguish them fromthe other chairs.
The teacher distributes the rules of the game to the students, each grouphaving a different set of rules as shown in the boxes below. The teacher272

upper secondary level

ensures that the members of each group know only the rules that are meant
for them.
Rules for Team A (for distribution to Team A members only)
1.
2.

You may sit on any of the chairs
If you failed to sit on a chair when the music stopped, you
are out.

Secret rules
During the game, the music will always stop three seconds after
the teacher says “Do your best, Team A members!” But when theteacher gives false signals such as “Do your best, Team B members”
or “Do your best, everyone” the music will not stop. These rules mustnot be known by the members of Team B.

Rules for Team B (for distribution to Team B members only)
1.
2.

You are not allowed to sit on the chairs that are reserved forTeam A members.
Failure to sit on a chair when the music stops means you
are out.

The game would have three rounds, and the teacher removes a number ofchairs after each round, and also continues to reserve some chairs for Team
A. For example, for the second round, only 15 chairs are left and five chairs(out of 15) are reserved for Team A. For the third round, with only 10 chairs
left, 4 chairs are reserved for Team A. The teacher keeps a record of every
round, including the total number of chairs, number of chairs reserved forTeam A, and the number of students who successfully get to sit on the chairs.
2. Analysis
The teacher asks Teams A and B to form smaller groups (within thesame teams) and asks them to write down what they observed during theactivity, as well as what they felt using Worksheet No.1. The teacher asks
Team A members the advantages they enjoyed and Team B members the
disadvantages they suffered from.
The groups report the results of their discussion to the whole class. The
teacher writes on the board the key points raised in the group reports.
The students are expected to express the views similar to the following
points:• The rules are not fair to all the participants in the game• Some participants cannot win the game even they are good andworking hard

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HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS••

Having advantages feels good and makes them win easily
Having disadvantages makes them lose confidence in themselves butat the same time feels irritated if not angry.

The teacher asks the same groups to answer the following questions
using Worksheet No. 2:
a. How is the real society divided into groups, and which groups havedisadvantages?
b. What are the personal responsibilities and responsibilities of thewhole society regarding the disadvantages suffered by some groups
in society?
To help the group discussion, the teacher distributes copies of newspaper
clippings on the dismissal of dispatch workers, as well as statistics on
the increasing number of non-regular workers in Japan. The newspaper
clippings explain that non-regular workers belong to a disadvantaged group.
The groups report the results of their discussion to the whole class. The
teacher writes on the board the key points raised in the group reports.
3. Abstraction
Using the highlights of the group reports using Worksheet No. 2, theteacher explains the need for two types of changes to address the existenceof disadvantaged groups in society:a. The need to stop unfair treatment and social exclusion of certain
members of society. To do this, there is a need to identify who are
disadvantaged and excluded in society, and what can be done to stopsuch exclusion.
b. The role of competition-oriented society, where some people never get
their “chairs” regardless of their efforts, in causing unfair treatment andsocial exclusion. What can we do for everyone to get his/her own chair?
The teacher introduces possible solutions to the issues such as the“sharing of chairs” and “increasing the number of chairs in the game”.
From this, the teacher asks: What policies should be adopted to support the“sharing of chairs” and “increasing the number of chairs” in real society inorder to build society where everyone can live without anxiety?
In discussing policies to address the issues, the teacher explains themeaning of the rights to social security and to adequate standard of living
under Articles 22 and 25 respectively of the Universal Declaration of Human
Rights.
The teacher emphasizes the following points about these rights:

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upper secondary level

Social security “should be treated as a social good, and not primarily
as a mere instrument of economic or financial policy.” It should have thefollowing contents:a. Availability of social security systemb. Coverage of social risks and contingencies – health care, sickness, oldage, unemployment, employment injury, family and child support,maternity, survivors and orphansc. Adequacy – coverage (persons), eligibility, affordability, participationand information, physical access.
4. Application
The teacher asks the students to develop an alternative society byresearching and understanding related policies in other countries suchas the “work sharing” policies in Holland, or the welfare-state policies in
Scandinavian countries and compare them with relevant policies in Japan.
The teacher asks the students to share their findings and analyses insmall groups and identify what social structures have to be changed, andhow the rights to social security and adequate standard of living would be
fulfilled by new ideas on the social structures. The teacher also instructs thestudents to prepare their respective group presentations on an alternative
society.
5. Closing
The teacher concludes the sessions by reiterating that there areinternational human rights standards on social security and right toadequate standard of living for all people.
The teacher stresses that under the human rights framework,
governments are duty bound to fulfill these rights within the available
resources, and concrete measures should be undertaken over time including
the change in social structures that breed inequality in society.
IV

EVALUATION
The teacher tells the students to write a reflection paper on the need forequal opportunity for all members of society while also helping those who
are weak to stand on their feet.
Notes
Normative Content of the Right to Social Security
9. The right to social security includes the right not to be subject to arbitrary andunreasonable restrictions of existing social security coverage, whether obtained publicly or
privately, as well as the right to equal enjoyment of adequate protection from social risks andcontingencies.

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HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS
A. Elements of the right to social security
10. While the elements of the right to social security may vary according to different
conditions, a number of essential factors apply in all circumstances as set out below. In
interpreting these aspects, it should be borne in mind that social security should be treated as asocial good, and not primarily as a mere instrument of economic or financial policy.
1. Availability - social security system
11. The right to social security requires, for its implementation, that a system, whether
composed of a single scheme or variety of schemes, is available and in place to ensure that
benefits are provided for the relevant social risks and contingencies. The system should beestablished under domestic law, and public authorities must take responsibility for the effective
administration or supervision of the system. The schemes should also be sustainable, including
those concerning provision of pensions, in order to ensure that the rights can be realized forpresent and future generations to take steps to the “maximum of available resources” under an
optional protocol to the Covenant (E/C.12/2007/1).
2. Social risks and contingencies
12. The social security system should provide for the coverage of the following nine
principal branches of social security.
(a) Health care
13. States parties have an obligation to guarantee that health systems are established toprovide adequate access to health services for all. In cases in which the health system foresees
private or mixed plans, such plans should be affordable, in conformity with the essential elements
enunciated in the present general comment. The Committee notes the particular importance ofthe right to social security in the context of endemic diseases such as HIV/AIDS, tuberculosis
and malaria, and the need to provide access to preventive and curative measures.
(b) Sickness
14. Cash benefits should be provided to those incapable of working due to ill-health to coverperiods of loss of earnings. Persons suffering from long periods of sickness should qualify fordisability benefits.
(c) Old age
15. States parties should take appropriate measures to establish social security schemesthat provide benefits to older persons, starting at a specific age, to be prescribed by national law.
The Committee stresses that States parties should establish a retirement age that is appropriate
to national circumstances which take account of, inter alia, the nature of the occupation, inparticular work in hazardous occupations and the working ability of older persons. States
parties should, within the limits of available resources, provide non-contributory old-age benefits,social services and other assistance for all older persons who, when reaching the retirement ageprescribed in national legislation, have not completed a qualifying period of contributions or are
not otherwise entitled to an old-age insurance-based pension or other social security benefit orassistance, and have no other source of income.
(d) Unemployment
16. In addition to promoting full, productive and freely chosen employment, States parties
must endeavor to provide benefits to cover the loss or lack of earnings due to the inability to obtainor maintain suitable employment. In the case of loss of employment, benefits should be paid foran adequate period of time and at the expiry of the period, the social security system should
ensure adequate protection of the unemployed worker, for example through social assistance.
The social security system should also cover other workers, including part-time workers, casual
workers, seasonal workers, and the self-employed, and those working in atypical forms of workin the informal economy. Benefits should be provided to cover periods of loss of earnings by
persons who are requested not to report for work during a public health or other emergency.
(e) Employment injury
17. States parties should also ensure the protection of workers who are injured in thecourse of employment or other productive work. The social security system should cover thecosts and loss of earnings from the injury or morbid condition and the loss of support for
spouses or dependents suffered as the result of the death of a breadwinner. Adequate benefits276

upper secondary levelshould be provided in the form of access to health care and cash benefits to ensure income
security. Entitlement to benefits should not be made subject to the length of employment, to theduration of insurance or to the payment of contributions.
(f) Family and child support
18. Benefits for families are crucial for realizing the rights of children and adultdependents to protection under articles 9 and 10 of the Covenant. In providing the benefits, theState party should take into account the resources and circumstances of the child and persons
having responsibility for the maintenance of the child or adult dependent, as well as any otherconsideration relevant to an application for benefits made by or on behalf of the child or adultdependent. Family and child benefits, including cash benefits and social services, should be
provided to families, without discrimination on prohibited grounds, and would ordinarily coverfood, clothing, housing, water and sanitation, or other rights as appropriate.
(g) Maternity
19. Article 10 of the Covenant expressly provides that “working mothers should beaccorded paid leave or leave with adequate social security benefits”. Paid maternity leave should
be granted to all women, including those involved in atypical work, and benefits should be
provided for an adequate period. Appropriate medical benefits should be provided for womenand children, including perinatal, childbirth and postnatal care and care in hospital where
necessary.
(h) Disability
20. In its general comment No. 5 ((1994) on persons with disabilities, the Committeeemphasized the importance of providing adequate income support to persons with disabilities
who, owing to disability or disability-related factors, have temporarily lost, or received a
reduction in, their income, have been denied employment opportunities or have a permanent
disability. Such support should be provided in a dignified manner and reflect the special needs
for assistance and other expenses often associated with disability. The support provided should
cover family members and other informal carers.
(i) Survivors and orphans
21. States parties must also ensure the provision of benefits to survivors and orphanson the death of a breadwinner who was covered by social security or had rights to a pension.
Benefits should cover funeral costs, particularly in those States parties where funeral expenses
are prohibitive. Survivors or orphans must not be excluded from social security schemes on thebasis of prohibited grounds of discrimination and they should be given assistance in accessing
social security schemes, particularly when endemic diseases, such as HIV/AIDS, tuberculosis
and malaria, leave large numbers of children or older persons without family and community
support.

Worksheet no. 1
Reflection on “Unfair Musical Chair”
◊
•
•
•
•

Please discuss the following
What are the symbolic meanings of chairs in real society?
What do they symbolize in real society?
* Chairs with tag (reserved for Team A members)* Chairs without any tag.
What are the symbolic meanings of the chairs that were
removed during the game? Where have they gone?
How can we solve the problems created by the “Unfair
Musical Chair”?

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Worksheet no. 2
Reflection on “Unfair Musical Chair”
Who belong to the disadvantaged group (Team B ) in the realsociety?
Make a list below:
1.
2.
3.
4.
5.
6.
Who are responsible for the existence of disadvantaged groups
in society?
View of people in the advantaged group (Team A)
Personal
responsibility

Responsibility ofthe society

View of people in the disadvantaged group (Team B)
Personal
responsibility

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Responsibility ofthe societyupper secondary level

N 10

N PLA

LESSO

Breaking the Poverty Spiral!
Poverty is a serious cause of human rights violation. It is not becauseof personal failure or family problems alone, but because its root causes areembedded in the social structure. It is therefore a prevalent problem amongminorities over generations, who are socially and economically deprived.
Currently being stricken under globalization and neo-liberal policies, poverty
is an important issue that schools should teach, encouraging students tolearn systemically from historical social movements, policies and measuresthat have successfully broken the poverty spiral, so that they can be equippedwith ideas and skills to break off their own spirals of problems.

I

Topic 			Level 			Subject 			: Breaking the Poverty Spiral!
: Upper secondary: Civics or Synthetic Learning

Human Rights Concept:

Time Allotment 		• Economic rights• Right against discrimination or social
exclusion: Three sessions

OBJECTIVES
Students will be able to1. Describe how discrimination impacts on poverty, and how a spiral ofpoverty develops or is reproduced in certain social structures279

HUMAN RIGHTS EDUCATION IN THE NORTHEAST ASIAN SCHOOL SYSTEMS

2. Explain the historical movements, policies and measures to breakthis spiral of poverty
3. Explore the measures to take to break off current/future poverty
spirals based on human rights framework.
II

RESOURCES• Reading materials on a historical grassroots movement organized in
1960s, which realized the free distribution of school textbooks by theJapanese government for both primary and lower secondary schoollevels• Essays written in adult literacy classes in the past
• Copies of Cabinet Dowa Policy Council’s recommendation of 1965
• Articles 17, 21-25 of the Universal Declaration of Human Rights.

III

PROCEDURE
A. Opener
The teacher initiates a brainstorming session on the issue of “illiteracy”
and asks the students what difficulties people who cannot read and write
face. The teacher writes on the board the comments of students by grouping
them under several headings.
The teacher comments on the social backgrounds of illiteracy, and thenintroduces essays written by participants in adult literacy classes.
After the students read the essays, the teacher asks the students to give
their comments.
B. Development of Activities
1. Activity
The teacher asks the students to form small groups (not more than 5 foreach group) and instructs them to fill the blanks on Worksheet no. 1 (Breakthe Poverty Spiral!), as a group. The teacher explains that the students haveto think of appropriate words to fill in the blanks from A to J in order tohave a good explanation on how numerous factors impact on and develop thepoverty spiral. The teacher may allow the students to use some words twice.
After the groups fill up the blanks on Worksheet no.1, the teacher asks thegroups to present their work to the whole class.
The teacher summarizes the points raised in the group presentations,and then asks the students what measures (including possible grassroots
action and policies) can be done to break the poverty spiral. The teacher asksthem to discuss this question in their respective groups, and write their ideas
on Worksheet no. 2.

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The teacher instructs the groups to present the contents of their respective
completed worksheets to the whole class.
2. Analysis
The teacher comments on the ideas of the students on how to break thepoverty spiral by referring them to previous efforts at the grassroots level toaddress poverty.
The teacher explains the history of such grassroots efforts and cites thegrassroots movement on the campaign for the free distribution of textbooks
for compulsory education in 1963, as well as the government Dowa policies.
The teacher stresses that poverty has to be addressed through changes insocial structures and that such work would require much effort over a long
period of time.
3. Abstraction
The teacher introduces the link between poverty and human rights, andstresses that the means to address poverty must be based on human rightsrelated principles such asa. Recognition of the ‘dignity and worth’ of the human beingb. Poverty as a cause of human rights violationc. Measures to address poverty should include
d. Inclusive anti-poverty policies – non-discriminatory policies
e. Participation of the poor themselves in adopting and implementing
these measuresf. Empowerment of the poor through various means such as educationg. Accountability for people (in private and public institutions) whose
actions affect the poverty situation.
The teacher emphasizes the importance of literacy in empowering
the poor toward taking an active role in addressing their specific poverty
situation and in addressing the change in the social structures that develop
and perpetuate poverty.
4. Application
The teacher gives the students an assignment to research on theachievements as well as challenges of the past grassroots movements andpolicies on alleviating poverty to promote deeper understanding of the issue.
The teacher may refer to poverty alleviation policies in other countries sothat students can apply the ideas to solve problems in their own country
situations.

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C. Closing
The teacher ends the session by saying that poverty is an affront to humandignity and leads to human rights violations, and that social structures cause
poverty and should be examined using a human rights-based approach.
IV

EVALUATION
The teacher tells the students to write an essay on how human rights canhelp address poverty.
Notes
The issue of poverty is also discussed within the broader subject of development. The United
Nations (UN) has adopted the human rights-based approach to development as an importantcomponent of poverty reduction campaign. According to the UN, the human rights-based
approach to development demands:•
Participation and transparency in decision-making – implies making participation
throughout the development process a right and the obligation of the state and otheractors to create an enabling environment for participation of all stakeholders.
•
Non-discrimination – implies that equity and equality cut across all rights and are thekey ingredients for development and poverty reduction.
•
Empowerment – implies empowering people to exercise their human rights throughthe use of tools such as legal and political action to make progress in more conventional
development areas.
•
Accountability of actors – implies accountability of public and private institutions andactors to promote, protect and fulfil human rights and to be held accountable if these
are not enforced.
The UN Office of the High Commissioner for Human Rights states that a human rightsbased approach has the potential [of advancing] the goal to poverty reduction in a variety ofways by:•urging speedy adoption of a poverty reduction strategy, underpinned by human rights,
as a matter of legal obligation;•broadening the scope of poverty reduction strategies to address the structures of
discrimination that generate and deepen poverty;•
strengthening civil and political rights, which can play an instrumental role inaddressing the cause of poverty;•
confirming that economic and social rights are binding obligations, not justprogrammatic aspirations;•adding legitimacy to the demand for ensuring meaningful participation of the poor indecision-making processes;•
cautioning against retrogression and non-fulfilment of minimum core obligations in
the name of policy trade-offs; and•strengthening institutions through which policy-makers can be held accountable for
their actions.
Text derived from United Nations Development Programme, Poverty Reduction and Human
Rights – A Practice Note, New York, 2003, pages 5-6.
Dowa policy refers to the Japanese government support for the improvement of theconditions of the Buraku communities. Started in the early 1960s, the policy aimed to alleviate
the poverty and other problems being suffered by the Buraku people, the discriminated groupof Japanese. The support came with funds for the education, housing, health and other services
for the Buraku communities over a certain period of time.

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upper secondary level

Worksheet no. 1
Break the Poverty Spiral!
Choose the proper words for each blank and complete thediagram of the Poverty Spiral: “low income” (use twice), “unable toget primary education,” “unable to get a stable job” (use twice), “lowacademic achievement,” “poor learning environment,” “unable tobuy textbooks,” “unable to read or write,” “low number in higher
education.”
Worksheet no. 2
How to Break the Poverty SpiralTo break the Poverty Spiral, which parts of the chain do we haveto break? Explain your answers.

POVERTY
A)
E)

POVERTY

Small and
uncomfortable
house

D)

B)

POVERTYF)

C)

Parents’
Generation

J)

I)

G)
H)

Our Generation

283