J.P. Rossouw & Elda de Waal Edited by: Human rights in diverse education contexts NWU Education and Human Rights in Diversity Series Volume 1 NWU Education and Human Rights in Diversity Series Volume 1 Human rights in diverse education contexts Published by AOSIS (Pty) Ltd, 15 Oxford Street, Durbanville 7550, Cape Town, South Africa Postnet Suite #110, Private Bag X19, Durbanville 7551, South Africa Tel: +27 21 975 2602 Fax: +27 21 975 4635 Email: info@aosis.co.za Website: https://www.aosis.co.za Copyright © J.P. Rossouw & Elda de Waal (eds.). Licensee: AOSIS (Pty) Ltd The moral right of the author has been asserted. Cover image: Original design created with the use of provided image. The image is https:// cdn.pixabay.com/photo/2016/09/13/08/44/library-1666702__340.jpg Published in 2019 Impression: 1 ISBN: 978-1-928523-01-7 (print) ISBN: 978-1-928523-02-4 (ebook) ISBN: 978-1-928523-03-1 (pdf) DOI: https://doi.org/10.4102/aosis.2019.BK158 How to cite this work: Rossouw, J.P. & De Waal, E. (eds.), 2019, ‘Human rights in diverse education contexts’, in NWU Education and Human Rights in Diversity Series Volume 1, pp. i–356, AOSIS, Cape Town. NWU Education and Human Rights in Diversity Series ISSN: 2706-9125 Series Editor: Elda de Waal Printed and bound in South Africa. Listed in OAPEN (http://www.oapen.org), DOAB (http://www.doabooks.org/) and indexed by Google Scholar. Some rights reserved. This is an open access publication. 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Rossouw & Elda de Waal NWU Education and Human Rights in Diversity Series Volume 1 Human rights in diverse education contexts Social Sciences, Humanities, Education & Business Management domain editorial board at AOSIS Commissioning Editor: Scholarly Books Andries van Aarde, Post Retirement Professor in the Dean’s Office, Faculty of Theology, University of Pretoria, Pretoria, South Africa Board Members Jan Botha, Professor in the Centre for Research on Evaluation, Science and Technology, University of Stellenbosch, Stellenbosch, South Africa Joan Hambidge, Deputy Dean at the Faculty of Humanities at the University of Cape Town and Professor at the School of Languages and Literatures, Cape Town, South Africa Sakari Häkkinen, Dean of the Diocese of Kuopio, Kuopio, Finland Glenna Jackson, Associate Editor, Professor Chair, Department of Religion and Philosophy, Otterbein University, Westerville, OH, United States of America Gregory C. Jenkins, Dean-elect, St George’s College, Jerusalem, Israel Reina-Marie Loader, Director and Filmmaker, Cinéma Humain, Vienna, Austria Babita Marthur-Helm, Senior Lecturer, Organisational Transformation & Development; Managing Diversity Gender Empowerment, University of Stellenbosch Business School, Stellenbosch, South Africa Christopher Mbazira, Professor of Law & Coordinator of the Public Interest Law Clinic, Makerere University, Kampala, Uganda Piet Naudé, Professor of Ethics related to Politics, Economics and Business and Director, University of Stellenbosch Business School, Stellenbosch, South Africa Charles Neill, Professor, Department of Business Administration, The British University in Egypt, El Sherouk, Cairo Governorate, Egypt Cornelia Pop, Full Professor at the Department of Business, Faculty of Business, Babes- Bolyai University, Cluj-Napoca, Romania Michael Schratz, Professor, Institut für LehrerInnenbildung und Schulforschung, Dekan der School of Education, Leopold-Franzens-Universität Innsbruck, Innsbruck, Austria Johann Tempelhoff, Professor, Research Niche for Cultural Dynamics of Water (CuDyWat), School of Basic Sciences, Vaal Triangle Campus of North-West University, Vanderbijlpark, South Africa Anthony Turton, Professor, Centre for Environmental Management and Director, TouchStone Resources, University of Free State, Bloemfontein, South Africa Willie L. van der Merwe, Professor & Chair, Philosophy of Religion, Apologetics and Encyclopaedia of Theology and Professor Extraordinary, Stellenbosch University, Stellenbosch, South Africa; and Vrije Universiteit Amsterdam, Amsterdam, Netherlands Christi van der Westhuizen, Associate Professor, Department of Sociology, Faculty of Humanities, University of Pretoria, Pretoria, South Africa Joke van Saane, Professor, Amsterdam Center for the Study of Lived Religion, Vrije Universiteit Amsterdam, Amsterdam, Netherlands Paul van Tongeren, Professor, Department Philosophy, Radboud University Nijmegen, Nijmegen, Netherlands Robert G. Varady, Deputy Director and Research Professor of Environmental Policy, Udall Center for Studies in Public Policy, The University of Arizona, Tucson, AZ, United States of America Anné H. Verhoef, Associate Editor, Professor, Faculty of Arts: School of Philosophy, North- West University, Potchefstroom, South Africa Xiao Yun Zheng, Professor and Assistant President of Yunnan Academy of Social Sciences (YASS) and Director of International Center for Ecological Culture Studies (ICECS-YASS), Yunnan Academy of Social Sciences, Kunming City, China Peer review declaration The publisher (AOSIS) endorses the South African ‘National Scholarly Book Publishers Forum Best Practice for Peer Review of Scholarly Books’. The manuscript was subjected to a rigorous two-step peer review process prior to publication, with the identities of the reviewers not revealed to the author(s). The reviewers were independent of the publisher and/or authors in question. The reviewers commented positively on the scholarly merits of the manuscript and recommended that the manuscript should be published. Where the reviewers recommended revision and/or improvements to the manuscript, the authors responded adequately to such recommendations. Research Justification The focus of this publication is on answering the central research question: How can Human Rights be advanced with regard to different kinds of diversities, and in different educational settings ? The publication pays special attention to the advancement of human rights in a variety of education-related contexts, in keeping with human rights as a declared national priority for both society at large and the education system. One strategic priority of the Faculty of Education is research based on market requirements and needs. This book strives towards meeting this expectation by directly aiming at building human rights and social justice in the South African society, public schools and higher education institutions. Adjudication in the education context of the constitutional values of dignity, equality and freedom focusses regularly on learners. The book highlights the value of education for full-fledged citizenship by delineating what schooling should entail to inspire learners towards both claiming equal freedoms and rights and taking accountability for the responsibilities attached to citizenship. Although freedom of religion, belief, thought, conscience and opinion is protected as a human right in most democracies, the fundamental difference between allowing freedom of religion in the private sphere and accommodating religious diversity at school deserves scholarly scrutiny. Aggression and violence at South African schools unfortunately seem to not only be in an upward spiral, but research also shows that destructive behaviour makes school environments unsafe, inhibiting effective teaching and learning. Social ills from communities and families have a deleterious impact on schools, pointing to the need for analysing the value of human rights-based approaches at the school level. With the world taking shape in the 21st century, the intersection between Human Rights Education and Global Citizenship Education is explored. On the teacher level, four concepts in South African schooling – namely, teacher professionalism, professionalisation of teaching, teacher unionism and the law – need to be promoted collectively and congruently to improve the quality of education in general. In Higher Education (HE), the role of affect as an integral part of reason in discursive interactions that deal with moral dilemmas, such as those related to the practice of racism, is deliberated. Aspects of fairness and competitiveness in diverse drives towards research productivity are explored, and how they relate to social justice. The rights and satisfaction of students as paying consumers and HE interested parties have become more prominent, which has led to a ‘customer-care revolution’. The revolution concerning customer care requires increased responsibility towards students as ‘clients’ on the one hand and as ‘critical resources’ on the other, given that the survival of universities has become dependent on strong enrolments. The methodologies used in the ten chapters include content and discourse analysis, discourse analysis, deliberation from complexity theory, democratic discourse, discursive analysis, document analysis, investigative exploration, and thematic document analysis. The readership of the book is academics, professionals and researchers interested in matters related to human rights in education. This publication contains only original research. No part of the book was plagiarised from another publication or published elsewhere. J.P. Rossouw, Education and Human Rights in Diversity (Edu-HRight) Research Unit, Faculty of Education, North-West University, Potchefstroom, South Africa Elda de Waal, Education and Human Rights in Diversity (Edu-HRight) Research Unit, Faculty of Education, North-West University, Potchefstroom, South Africa vii Contents Abbreviations, Boxes, Figures and Tables Appearing in the Text and Notes xvii List of Abbreviations xvii List of Boxes xix List of Figures xix List of Tables xix Notes on Contributors xx Preface xxiii J.P. Rossouw & Elda de Waal Chapter 1: The precarious position of policy implementers in the conundrum of politics, policy-making and implementation in education 1 Elda de Waal & Johan Beckmann Abstract 2 Introduction 2 Approach followed 4 The policy process (including language in education) 5 Policy implementer appointments 12 Policy fatigue 15 Reform moments: Significant policies since 1994 18 Outcomes-based Education 19 Curriculum 2005 20 Language in Education Policy 22 National Curriculum Statement 23 NCS (CAPS) 25 A snapshot of policy implementers’ dilemma 28 Political role payers interfering in policy processes and implementation to introduce ideas-based policies 29 Contents viii Rivonia 32 Overvaal 33 Conclusion 36 Chapter 2: The intersection between Human Rights Education and Global Citizenship Education 39 Charl C. Wolhuter Abstract 39 Introduction 40 The rise of the Creed of Human Rights 41 Education as a human right 44 Human Rights Education 48 Global Citizenship Education 50 Rise of Global Citizenship Education 50 The societal antecedents of Global Citizenship Education 50 Geographical factor: The ecological crisis 51 Demography: A growing, uneven and mobile population 52 State of science and technological development 54 The technological revolution 54 The information, communication and transport revolution 54 Economic trends 55 Growing affluence 55 Neo-liberal economics 55 Globalisation or economic internationalism 55 Social trends 56 A decline in the dominance of primary and secondary social units and a rise of tertiary social units 56 The emergence of multicultural societies and the empowerment of minorities 56 Political trends 57 The shrinking of the once omnipotent nation-state 57 Individualisation 57 Contents ix Religious trends 58 The persistent but changed presence of religion 58 The trajectory of Global Citizenship Education 59 Global Citizenship Education: Conceptual clarification 62 Global Citizenship Education: Typology 62 Conclusion 63 The intersection between Human Rights Education and Global Citizenship Education 63 Chapter 3: An education law perspective on teacher professionalism, professionalisation and unionism 65 Nicholus Mollo & Johan Beckmann Abstract 66 Introduction 66 Teaching as a profession 69 Professionalisation of teaching 77 Teaching as an essential service 80 Provision of quality service 81 Putting the client first 82 Competence 83 Autonomy, trust and a high level of training 84 Recognition of the status of teaching 85 Teacher unionism and education 87 Regulation of teacher professional status, teacher professionalisation, educational outcomes and teacher unionism 91 Choosing the teaching profession 91 Delivering highly trained and competent teachers 91 Regulation of entrance into the teaching profession 92 Regulation of teaching in schools 93 Continuous professional teacher development 96 Conclusion 98 Contents x Chapter 4: Reflecting on and rethinking learners’ equal worth and equal citizenship: The rear-view mirrors of courts 99 Erika Serfontein & Elda de Waal Abstract 100 Introduction 101 Approaches followed 102 Adjudication by courts: A Janus angle of incidence 103 A well-balanced rear-view mirror process 105 Human dignity: Rethinking equal worth 107 Protecting human dignity 108 Respecting human dignity 109 Guarding against a too-narrow approach towards human dignity 110 Equality 112 Formal and substantial equality 115 Best possible involvement of individuals 117 The right to equality in the schooling domain 120 Inclusive citizenship 121 Equal citizenship obligations and challenges of schools 122 Human rights and Citizenship Education 125 The goals of schooling for equal worth and equal citizenship 126 Conclusion 131 Chapter 5: Religious diversity in South African schools – The co-operative model and tolerance of schoolautonomy 133 Marius Smit Abstract 133 Introduction 134 Part A: Background context: Religious diversity and pluralism in South Africa 135 Contents xi Background context: Post-secular Europe and the re-emergence of religion in society 136 Background: The importance of freedom of religion, belief and opinion 137 Part B: Parental power to determine the religion of the child 138 International law, the rights of parents, religious upbringing of the child 139 Comparative law – religious diversity in schools: Three alternative models 142 South African schools and religious diversity: Legal principles of the co-operative model 143 Dilemmas arising from religious diversity and pluralism in South African schools 145 Testing the South African approach: Implementation and practice of the co-operative approach – The OGOD v Randhart Primary School case (‘Randhart case’) 146 The facts of the Randhart case 147 The court’s decision 148 The outcome 148 Reasons for the decision ( Ratio decidendi ) 149 The principle of subsidiarity 149 Religion, cultural practices, freedom of expression and school rules 151 Religious instruction at independent faith-based schools 152 Corporal punishment and religion 154 Part C: Religious diversity, classroom instruction and non-neutrality of ‘secular’ education 155 Prohibition of indoctrination 155 Legislation and policy guidelines: Academic freedom, prohibition of indoctrination and encouragement of critical thinking 156 Accommodating opposing worldviews in classrooms and educational institutions 161 Is secular education neutral and unbiased? 165 Contents xii The secular worldview in the classroom and curriculum 169 Summary and conclusions 170 Chapter 6: In search of ways of curtailing aggression and violence in schools: A human rights-based approach 173 Johan Botha Abstract 173 Introduction 174 Aggression and violence 175 Aggression and violence contributing to unsafe South African school environments: The face of human rights violations 176 Methods 179 Phase 1: Selection of documents for the purpose of analysis 180 Results 181 Phase 2: Themes – Current tenets 181 Safety and security and a whole-school approach 181 Mental health approach 182 Systems approach 182 Support and intervention 182 Learners 182 Teachers 183 Schools 184 Legislation 184 Discussion 184 What is a human rights-based approach? 185 Possible reasons why current approaches have failed to prevent or counter aggression and violence in schools 186 How does a human rights-based approach differ from current approaches as the norm or practice? 187 What is the implication for practice? 189 Education 189 Contents xiii Schools 190 Life-worlds and experiences 192 Department of Education 192 Conclusion 193 Chapter 7: Deliberating ways in which diversity in skills capacity of schools violates learners’ rights: Possiblesolutions 195 André du Plessis & Elize Küng Abstract 196 Introduction 196 Complexity theory as the paradigm 197 Learners’ rights 198 Best interests of the child 200 The best interests of the child within the South African school system 203 Vested interests and their effects on the best interests of children 205 The impact of the South African Democratic Teachers’ Union 206 Mismanagement and corruption in the provision of textbooks 208 Political and ideological objectives of education authorities 208 Differentiated levels of school autonomy: A possible solution 209 A model for differentiated levels of school autonomy rationalised 211 A model for differentiated levels of school autonomy explained 216 Advantages of differentiated levels of school autonomy in the South African education system 220 Preconditions for differentiated levels of school autonomy in the South African education system 221 Conclusion 222 Contents xiv Chapter 8: The changing nature of teaching-related work and resulting professional security of the highereducation lecturer 225 Franciska Bothma & J.P. Rossouw Abstract 226 Introduction 227 The changing nature of academic work worldwide 229 The deteriorating working conditions of the lecturer 232 The professional status of the lecturer and its influence on the professional security of lecturers 236 The requirements of teaching quality and its influence on the professional security of lecturers 241 The teaching responsibilities and corresponding roles of the lecturer 244 The 12-roles model 246 Information provider 248 Role model 249 Facilitator 250 Assessor 251 Planner 252 Resource developer 254 Concluding remarks 255 Conclusion 256 Chapter 9: An analysis of affective discursive practices of South African academics on an online university forum 259 Louise Postma Abstract 259 Introduction 260 Relationships to and the use of affect 261 Online environments 261 Discursive models 263 Description and interpretation of the forum participations 264 The forum and its participants 264 Contents xv Description of categories 267 Display of micro- and macro-coding 268 Bettina, the colonial 268 Stephen, the liberal 273 Pieter, the mediator 274 Other participants 276 Conclusion and recommendations 277 The attainment of affective criticality 277 Strategies to develop affective criticality 279 Chapter 10: Drives towards research productivity: International trends 283 Ewelina Niemczyk & J.P. Rossouw Abstract 283 Introduction 284 Background 286 Qualitative interpretative research design 290 Findings: International trends 292 Demands on researchers 293 Realisation of research productivity 295 Limiting factors 298 Professional and personal benefits 304 Considerations and conclusions 309 References 313 Index 351 xvii Abbreviations, Boxes, Figures and Tables Appearing in the Text and Notes List of Abbreviations AACU Association of American Colleges and Universities AARE Australian Association of Research in Education ACRWC African Charter on the Rights and Welfare of the Child ALTC Australian Learning and Teaching Council ANC African National Congress AZASCO Azanian Student Convention BCG Boston Consulting Group CAPS Curriculum Assessment Policy Statement CC Constitutional Court CESCR Covenant on Economic, Social and Cultural Rights CHE Council of Higher Education COACHE Collaborative on Academic Careers in Higher Education CPTD Continuous Professional Teacher Development DHET Department of Higher Education and Training DoBE Department of Basic Education DoE Department of Education EEA Employment of Educators Act 76 of 1998 EFF Economic Freedom Fighters ERA Excellence in Research for Australia GEFI Global Education First Initiative GTCS General Teaching Council for Scotland Abbreviations, Boxes, Figures and Tables Appearing in the Text and Notes xviii HE Higher Education HOD Head of Department HRBA Human Rights-based Approaches HRDC Human Resources Development Council ICRC International Convention on the Rights of the Child ICT Information and Communications Technology IQMS Integrated Quality Management System ITE Initial Teacher Education LRA Labour Relations Act 66 of 1995 MEC Members of the Executive Council NCS National Curriculum Statement NPFTED National Policy Framework for Teacher Education and Development NQFA National Qualification Framework Act 67 of 2008 OBE Outcomes-based Education OGOD Organisation for Religions Teaching and Democracy PANEL Participation, Accountability, Non-discrimination and Equality, Empowerment, and Legality PASMA Pan African Student Movement of Azania PIRLS Progress in International Reading Literacy Study PISA Programme for International Students Assessment QC Quality Councils RNCS Revised National Curriculum Statement SACE South African Council for Educators SADTU South African Democratic Teachers’ Union SAELPA South African Education Law and Policy Association SAQA South African Qualifications Authority SBM School-based Management SETA Sectoral Education and Training Authorities SGB School Governing Body SHRC Scottish Human Rights Commission Abbreviations, Boxes, Figures and Tables Appearing in the Text and Notes xix TFC Teachers’ Federal Council UK United Kingdom UN United Nations UNESCO United Nations Educational, Scientific and Cultural Organization USA United States of America US United States WSE Whole School Evaluation YASS Yunnan Academy of Social Sciences List of Boxes Box 9.1: The descriptive and interpretive analysis of the Box 10.1: Demands on researchers. 293 Box 10.2: Realisation of research productivity. 295 Box 10.3: Limiting factors. 298 Box 10.4: Professional and personal benefits. 304 List of Figures Figure 3.1: South Africa’s educational performance. 67 Figure 3.2: Conceptualisation of a profession versus a non-professional occupation. 70 Figure 7.1: Proposed levels of school autonomy. 218 Figure 7.2: Levels of control and support at different levels of Figure 8.1: The 12-roles model of the lecturer. 247 Figure 10.1: Participants’ location. 291 List of Tables Table 8.1: Australian Learning and Teaching Council national criteria and quality indicators for teaching excellence.