Human Rights Commission: "Uniform Ban on Elementary Students' Bicycle Commuting Violates Personal Choice Rights"
Recommendation for Establishing Commuting Permission Criteria and Safety Measures
[Asia Economy Reporter Lee Gwan-ju] The National Human Rights Commission has ruled that a school's blanket ban on elementary students commuting by bicycle infringes on their right to choose their mode of transportation.
On the 13th, the Human Rights Commission accepted a complaint that the ban on bicycle use at an elementary school violated students' right to self-determination, and recommended that the principal of Elementary School A establish and implement operational guidelines regarding criteria for allowing bicycle commuting, eligible students, and safety measures.
The Commission received a complaint that Elementary School A excessively restricted students' commuting methods by banning bicycle commuting to and from school. The school argued, "There are about 1,200 students attending, and the area around the school has heavy car traffic, increasing the risk of accidents. We decided, after gathering opinions, to prohibit bicycle commuting to and from school as a principle because education on wearing protective gear or walking bicycles in front of the school alone is insufficient to handle dangerous situations."
In response, the Human Rights Commission stated that while the school's measures are not unreasonable, a blanket ban on bicycle commuting for all students violates the principle of 'minimum infringement.' It emphasized that this issue should not be resolved simply by school rules that uniformly prohibit bicycle commuting, but rather through cooperative efforts among the school, local governments, and the education office to create safe school traffic zones.
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The Commission concluded, "Since elementary schools are educational institutions that teach basic knowledge necessary for daily life, they should help students acquire the skills and methods to operate bicycles safely. A ban on bicycle commuting should only be considered as a last resort in cases where serious risks to student safety arise despite safety education and preventive measures."
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