This is the key collaboration space for Human Rights in Education. Here you will find colleagues’ ideas and experiences in implementing human rights-based education.

• Questions about human rights
• Posted: 07-11-2010 12:17:54 UTC By Ced Simpson
• Have any questions about human rights? We'll try to answer them here.

• Cultural rights?
• Posted: 12-05-2011 15:22:27 UTC By Ced Simpson
• Posted: 02-04-2011 10:03:36 NZDT By Thomas
  
  At my College the Principal allowed the introduction of a new school Haka. This one was written by the Maori teacher and she wouldn't give a translation. One of the teachers asked for a translation. She refused at first but after this teacher insisted on one she reluctantly gave in. She did but said not to give the translation to the students. This teacher stood up to be counted and insisted this is not right, and all students and their parents should know what is in a haka due to its spiritual and cultural content.
  I was shocked! This Haka talks about paying homage to the Maori gods, which is the reason she wanted it hidden. A number of students said they did not want to be involved because they found it offensive. I took this haka to my Kaumatua (I go to a bilingual Maori church) and he was adamant that Christians should not be saying this haka. There were also atheists who didn't want to be involved for it clashed with their ethics and cultural beliefs.
  We students who stood up and said they didn't want to be involved (the Principal said it was opt in) were punished being made to pick up rubbish. We were punished for exercising our human rights.
  The students and parents still have not been given the translation.
  What are our rights here? What is the legal aspects (laws) on this?
  Do we have to do be involved in things that are highly spiritual and culturally important for one section of society?
  
  Thanks.

• Re: Cultural rights?
• Posted: 09-06-2011 14:23:55 UTC By Ced Simpson
• From Peg Lockyer, Director RIPPLE Education Ltd:
  
  1. If the school is secular in nature there should be a discussion around the appropriateness of a Haka having a religious meaning regardless of which religion or God is being worshipped.
  
  2. More importantly though, all students involved have the right to have their views heard and before the Haka was made it would have been good practice to operate a “student voice forum” so students could have their say in the Haka production. This would have enabled the Atheists, the Christians and other groups to learn from each other and create a collaborative project that values each groups belief systems.
  
  One way this could have been done is to create a Haka that brings together the values of the students involved and incorporates these with the school’s core values. This way the haka means something for the whole school community. The student voice forum could extend beyond the Kapa Haka group and ask other students in the school for their input. That would result in learning for all. Imagine the merging of the cultures and the learning and understanding that would result from such an exercise. We are a diverse community and if all cultures had a chance to learn from one another, discrimination would in my view disappear.
  
  3. In this case, where there is no transparency in terms of the haka’s intent / translation the students should not be punished for refusing to do as requested in their duties to the school. This punishment is a breach of their right to freedom of speech and freedom to religion.
  
  However, if there had been transparency in the beginning and the students joined the Kapa haka group knowing they would be expected to perform the Haka - then to refuse is a breakdown of school rules and a breach of general ‘public order” within the school and the school Principal has a right to place the students under some form of consequence.

• Re: Cultural rights?
• Posted: 21-06-2011 15:10:30 UTC By Ced Simpson
• From Lesley Ashworth-Lawson, Human Rights Commission Mediator:
  Kia ora, This is a tricky one and as far as the NZ Human Rights Act goes, there are no clear answers as to whether the actions of the teacher in requiring all students to perform the haka is discriminatory. It probably would be something the Commission would be able to progress via its mediation service if the student wanted to make a complaint about the teacher allegedly failing to reasonably accomodate the religious diversity of her students. What is 'reasonable accomodation' in any given situation is a grey area and depends on the facts of each individual case.
  
  In similar situations where different religions and cultural perspectives are involved, the Commission has offered its mediation services to the parties, and we would be happy to do so in this case. The Commission would be prepared to facilitate a mediation meeting/ conversation with the parties to encourage understanding and resolution of the issue. We have a variety of people in the Commission who bring different perspectives and in particular the Commission's Ahi Kaa team may be able to assist in this process.
  
  See our website www.hrc.co.nz for further information about our mediation services.
  
  Lesley Ashworth-Lawson
  Mediator, Human Rights Commission