ABSTRACT

We argue that the issue of exclusion from school needs to be understood within the framework of human rights. Education needs to be recognised as a basic right which should not be withdrawn from those young people who experience social, behavioural or emotional difficulties. Education is not simply a right in itself, but one which leads to other rights. It is helpful to consider rights to, in and through education (Verhellen, 2000). Young people need to be recognised as citizens with rights, rather than citizens in waiting (Osler and Starkey, 1996; Verhellen, 2000). They need to be informed about their rights (rights through education) and to exercise them in schools (rights in education).3 The UN Convention on the Rights of the Child (CRC) provides us with a framework in which we can consider the expectations we place upon both teachers and learners. Under the CRC, young people not only enjoy the right to education but hold various rights in education, for example, the right to be protected against discrimination and to be consulted in matters or procedures which may affect them. They are able to access further rights through education, such as rights to health and the skills which enable them to claim their participation rights. This implies that young people not only have access to education in human rights through the taught curriculum but they are also able to experience those rights as members of a school community who are listened to and respected.