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25 SES 06 A: Controversial Topics in Children’s Rights and Education (Part I) - [Special Call]
Paper Session
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25. Research on Children's Rights in Education
Paper Can Fundraising be Part of Children's Human Rights Education? University of Agder, Norway Presenting Author:The educational research and teacher communities widely support the idea that education is a valuable tool for improving society; thus, children should be educated to participate in these improvements. This notion becomes evident in children's human rights education (CHRE), where young children should learn to respect and uphold their own and the rights of others to build and maintain a culture of human rights. Alongside this support, there is uncertainty about what content children should and can learn in their human rights education (Quennerstedt et al., 2025). Through the topic of solidarity, this article aims to problematise the engagement of children in defending human rights issues as part of the educational content at the early childhood education. Thematising solidarity in early childhood education (ECE) can involve developing children’s capacities for initial societal responsibility and social readiness to act (Ärlemalm-Hagsér, 2024). As large-scale organisations often arrange and receive funds collected through solidarity projects in early childhood education, scholars are concerned that it might displace alternative approaches to address need and create a value conflict between the educational institution and the organisations (Power & Taylor, 2018). Another concern is that organisations might use children as instruments to achieve their good intentions, thereby instrumentalising children (Rosenberg, 2024). Instrumentalisation can occur in tokenistic participation processes (Body et al., 2020). These concerns become particularly salient as it has become commonplace for educational institutions to serve as intermediaries in fundraising for organisations (Body et al., 2020; Oguro & Burridge, 2016; Power & Taylor, 2018). At the same time, Scholars from Norway, Sweden and the UK argue that solidarity projects are beneficial for citizenship educations: such as global citizenship (Bakken & Børhaug, 2009; Jermstad et al., 2020; Smith, 2012) and philanthropic citizenship (Body, 2024). Solidarity work is considered to have an important role in preparing children for a world in which political, cultural and economic globalisation processes link ethnic groups and territories closer together (Bakken & Børhaug, 2009, p. 16). As well as create awareness of others’ needs and bind ECE settings together as a community (Power & Taylor, 2018). Thereby, fostering a sense of community through the acknowledgement and facilitation of the needs and aspirations of others. Against this backdrop, it is interesting to discuss solidarity in light of Hannah Arendt’s view on young children learning to take societal responsibility. Arendt (1954) argue that education is a place for maturation and becoming familiar with the world, and not assuming responsibility for it. The latter belongs to the political public realm, a space for accountability. As the title of this article suggests, the central point for discussion is whether fundraising, as an act of solidarity, can be part of children’s human rights education. In this paper, I analysis two educational materials that teachers can use to thematise solidarity in early childhood education. Two very distinct organisations have produced these materials, and they approach fundraising as an act of solidarity in different ways. The following research questions guide the analysis: how is solidarity expressed and how are acts of solidarity legitimised in the educational materials? By illuminating and problematising the engagement of children in solving societal problems, the paper contributes to discussion about developing young children’s action competence for human rights at the early childhood education level, or their capacitation to act (Quennerstedt et al., 2025). It further contributes with knowledge about different organisations’ involvement of children in advocating for human rights and taking societal responsibility as child human rights defenders (CHRD) (Lundy et al, 2024). Methodology, Methods, Research Instruments or Sources Used I started by mapping out how many organisations in Norway provide materials for solidarity projects for the early childhood education sector. I used Charity Monitoring Norway’s (CMN) website to map out organisations. CMN is a member of Charity Monitoring Worldwide which ensures the quality of fundraising activities in Norway, as there is no legislation directly regulating such activities in Norway. Over 20 organisations offer some type of material, either a package for hosting a fundraiser with balloons, diplomas and banners with the organisation’s logo, or educational materials for working with solidarity and raising funds for the organisation. Of the 20 organisations, I chose to analyse two educational materials from two very different organisations: FORUT and the NRK telethon. These organisations differ in terms of type of organisation and governance logic, their orientation towards the ECE as an arena for fundraising, and how they motivate the fundraising role in their materials (summed up in Table 1, that I will present at the conference). There are more educational materials on solidarity and fundraising, and ideally, I should analyse them all. Owing to limitations of space, I chose two materials that can serve as examples of different ways to approach solidarity and fundraising in ECE. It is interesting because it is a way of formalising volunteering and fundraising in educational programs, necessarily without proper didactisation. Furthermore, there may be variations in the educational content and the actors' interpretation of involving children. The intention is not to compare, but to highlight variations in their educational materials. Therefore, I present the findings in two sections, one for each of the two educational materials. I have applied a qualitative content analysis of the two materials. Qualitative content analysis is a beneficial method for systematically describing the meaning in the researched material (Schreier, 2014). The aspects of meaning I have focused on centre on solidarity and acts of solidarity, as guided by the paper’s overall research questions: how is solidarity expressed and how are acts of solidarity legitimised? Conclusions, Expected Outcomes or Findings Whether fundraising can be part of CHRE becomes salient given the growing discourse framing children as actors of change rather than beneficiaries of human rights. Children are recognised as human rights defenders by leading international monitoring and advisory bodies. This view is also recognised in research about CHRE. Raising funds for a human rights organisation or cause can be a way for children to act as defenders. Thus, fundraising can be part of CHRE. However, one may question whether including fundraising normalises more activistic forms of participation and whether it may lead CHRE down an indoctrinating path, where all children must defend rights and concrete solutions to rights issues. One implication concern which theoretical perspective may come to dominate educational practice. Defending rights implies they must be fought for and realised through perpetual struggle, rather than entitlements (Dembour, 2006) A question then is whether educational institutions become obliged to teach CHRE from this perspective, and whether it is possible to teach from other perspectives, and how this can affect the education’s content? If educational institutions become obliged to teach from this perspective, how can this affect children's autonomy? Another implication concerns children experiencing rights respected through education. If children are engaged early on in adopting predetermined solutions, what space is left for them to grow and develop their own views and opinions? Children’s right to state their opinion includes a right not to state their opinion (Hanna, 2024). This also demands that children be able to express their views freely without being manipulated or subjected to undue influence or pressure (CtRC, 2009). If CHRE teaches children to support and defend concrete solutions, may this restrict their right not to state an opinion and their right to state it freely, as well as freedom of thought and expression? References Arendt, H. "The Crisis in Education", in H. Arendt, Between past and future (New York: Penguin books, 1954). Ärlemalm-Hagsér, E., "Solidarity – within and beyond the Early Childhood Education settings", Childhood in the Antropocene 2024 (1(1)), 50–56. DOI: https://doi.org/10.64952/cia.1.58847 Bajaj, M., Schooling for Social Change: The Rise and Impact of Human Rights Education in India. (New York: Bloomsbury, 2012) Body, A., "Raising Philanthropic Children: Moving Beyond Virtuous Philanthropy, Towards Transformative Giving and Empowered Citizenship", Journal of Philanthropy and Marketing 2024, (29(1)), 18-33. DOI: https://doi.org/10.1002/nvsm.1833 Body, A., Emily, L., & Josephidou, J., "Engaging Children in Meaningful Charity: Opening-up the Spaces Within Which Children Learn to Give", Children & Society 2020, (34), 189–203. DOI: https://doi.org/10.1111/chso.12366 Child Rights Connect., "Children as Defenders of Human Rights: A Study on Council of Europe Member States" (Council of Europe, 2023). URL: https://rm.coe.int/children-as-defenders-of-human-rights-a-study-on-coe-member-states/1680aec9fe Committee of the Rights of the Child (CtRC). DAY OF GENERAL DISCUSSION (DGD) 2018 Protecting and Empowering Children as Human Rights Defenders. 2018. URL: https://www.ohchr.org/sites/default/files/Documents/HRBodies/CRC/Discussions/2018/crc_dgd_2018_outcomereport_en.pdf Dembour, M.-B., Who Believes in Human Rights. Reflections on the European convention (Cambridge: University Press, 2006). Lundy, L., Templeton, M., & Martínez Zains, G., "Child Human Rights Defenders and Schools: When HRE and Activism Can, But Should Not Collide", in B. Mallon, F. Waldron, and C. N. Cassaithe (eds,), Pushing the boundaries of human rights education. Concepts, challenges and contexts (Oxon: Routledge, 2024). Oguro, S., & Burridge, N., "The Contribution of Non-Government Organisations to Human Rights Education in Australian Schools", Third Sector Review 2016, (22(1)), 3–24. DOI: https://search.informit.org/doi/10.3316/informit.430345548404984 Power, S., & Taylor, C., "The Mainstreaming of Charities into Schools", Oxford Review of Education 2018, (44(6)), 702–715. DOI: https://doi.org/10.1080/03054985.2018.1438255 Quennerstedt, A., Gawlicz, K., Duda, D., & Francia, G., "The Elusive Content of Children’s Human Rights Education", Journal of Curriculum Studies 2025, 1–23. DOI: https://doi.org/10.1080/00220272.2025.2578739 Rosenberg, A. R., "Menneskerettsopplæring som faglig innhold i fagområdet nærmiljø og samfunn [Human Rights Education as Educational Content in the Learning Area Local Community and Soceity]". Doctoral Dissertation, University of Agder. Schreier, M., "Qualitative Content Analysis", in U. Flick (ed.), The SAGE Handbook of Qualitative Data Analysis (London: SAGE Publications, 2014). 25. Research on Children's Rights in Education
Paper Navigating Representations of Young People’s Rights and Parents’ Authority in the Context of Irish Sexuality Education 1: Dublin City University, Ireland; 2: Queens University Belfast Presenting Author:Few educational domains expose tensions between children's rights and parental authority as starkly as sexuality education (Marshall, 2025). As a uniquely contested site where questions of knowledge, morality, agency, and childhood innocence intersect, sexuality education becomes an important crossroads for critical considerations of rights and representation (Robinson & Bengtsson, 2024). This paper examines how these tensions manifest across two jurisdictions, Ireland and Northern Ireland, where shared histories of religious influence over education produce strikingly divergent contemporary trajectories. Drawing on Bacchi's (2012) "What's the Problem Represented to be?" (WPR) framework, we analyse how young people are represented within sexuality education policy discourse across both jurisdictions from the 1990s to present. We interrogate how "the problem" of sexuality education is positioned, what assumptions underpin these constructions, whose voices are privileged or silenced, and what effects these representations produce. Historically, both jurisdictions positioned young people primarily as vulnerable moral subjects requiring protection from sexual knowledge (Nolan, 2018). Early sexuality education policy in Ireland is heavily influenced by Catholic Church authority. By the 1990s, rising concerns about HIV/AIDS shifted this to positioning young people as "at-risk bodies" simultaneously vulnerable to and reckless about pregnancy and STIs. The dominant solution remained abstinence, with comprehensive information deemed too dangerous for young people to possess (Kiely, 2023). Similarly, Northern Ireland's sexuality education emerged within Christian ethos requirements that positioned sexuality within heteronormative marriage frameworks, emphasizing "deferment of sexual activity" and "abstinence as positive option" (Keating, 2023). Neither jurisdiction in this case positioned young people as rights-bearing agents with legitimate participation in their own education. The dominance of religious patronage (Ireland) and Christian ethos requirements (Northern Ireland) operated as structural mechanisms through which cultures of limitation were enforced. This granted religious authorities discretionary power over curriculum implementation and positioned young people as subjects of adult moral guardianship rather than autonomous rights-holders. More recently, policy rhetoric in both jurisdictions has shifted toward positioning young people as "informed decision-makers" and "sexual citizens with rights," yet this shift has produced strikingly divergent trajectories. Ireland's 2019 NCCA Review explicitly positioned young people as key stakeholders, with young people themselves reframing "the problem" as curriculum that was "too little, too late, too biological" shifting the deficit from youth behavior to institutional failure. The resulting Junior and Senior Cycle SPHE curricula now include content on consent, queer identities, mutual pleasure, and reproductive rights. In contrast, Northern Ireland's trajectory demonstrates how organized conservative resistance has reversed progressive policy commitments, returning sexuality education to its historical forms. The 2025 removal of trans guidance and persistent abstinence-based approaches demonstrate how similar cultural contexts produce divergent outcomes. Crucially, both jurisdictions share a fundamental paradox: while young people are rhetorically repositioned as rights-holders, structural features remain unchanged. School ethos provisions (both jurisdictions) and parental withdrawal rights continue to subordinate children's participation rights. This reveals that young people's rights remain conditional on adult permission across both contexts, even as international rights-based frameworks gain traction and policy rhetoric becomes more progressive (Curvinho & Fischer, 2014). This paper contributes to Network 25's call by interrogating precisely how national education policies navigate (or sidestep) tensions between children's rights and parental rights in this most contested of educational domains. We examine what happens when children's rights discourse is weaponized to restrict rather than expand young people's access to sexuality education, how power and ideology shape what counts as legitimate knowledge about children's sexuality and rights, and what responsibilities researchers bear when rights discourse is invoked to legitimise or delegitimise evidence-based educational practices. This comparative analysis reveals how cultural, religious, and political contestation shapes the very boundaries of what children's rights mean in practice. Methodology, Methods, Research Instruments or Sources Used This paper employs Bacchi's "What's the Problem Represented to be?" (WPR) framework as its primary analytical approach. WPR is particularly suited to analyzing contested policy domains because it excavates underlying assumptions, silences, and power relations embedded in how policy "problems" are constructed. Rather than accepting policy at face value or asking "how can we solve this problem better," WPR asks: What is the problem represented to be? What presuppositions underpin this representation? What is left unproblematic? What effects does this problem representation produce? And whose interests are served? If sexuality education is about identifying and solving problems, we must ask how these problems are defined, for whom, and to what end. We applied this framework to comparative historical policy analysis of sexuality education development in Ireland and Northern Ireland from the 1990s through 2025. Document sources include statutory curriculum documents, government consultation papers and reports, and guidance documents for schools and teachers. We identified distinct problem representations: sexuality education as a problem of moral endangerment (early period); as a problem of teenage pregnancy and STI prevention (1990s-2000s); as a problem of outdated curriculum requiring modernization (Ireland 2010s); as a problem of parental rights requiring protection (Northern Ireland ongoing); as a problem of LGBTQ+ exclusion requiring redress (advocacy organizations); and as a problem of children's rights requiring comprehensive information (international frameworks). For each problem representation, we traced its genealogy examining historical legacies of religious authority, cultural anxieties about childhood sexuality, and evolving human rights frameworks. We attended carefully to silences: what remains unquestioned when sexuality education is framed primarily as a parental rights issue? What assumptions underpin "age-appropriateness" as the primary evaluative criterion? What gets foreclosed when comprehensive sexuality education is positioned as "ideological"? Our comparative approach illuminates how similar cultural and religious contexts produce divergent policy outcomes through different constructions of "the problem." We examined how consultation processes engage (or fail to engage) with young people as rights-holders and knowledge-producers rather than merely subjects of adult decision-making. In doing so this paper reveals persistent gaps between what young people say they need and what policy delivers, gaps that illuminate fundamental tensions in how children's rights are understood and enacted in sexuality education. Our analysis positions these gaps not as implementation failures but as effects of problem representations that systematically privilege adult authority over young people's expressed needs and participation rights. Conclusions, Expected Outcomes or Findings Our WPR analysis reveals that despite increasingly progressive policy rhetoric, the fundamental power to define young people and their sexuality remains firmly with adults. Across both jurisdictions, even as problem representations evolved from "moral subjects requiring guidance" to "sexual citizens with rights," young people are rarely positioned as legitimate co-designers of their own education or as knowledge producers whose expertise might shape curriculum alongside adult perspectives. This persistence of adult gatekeeping operates through structural arrangements such as religious patronage, parental opt-out provisions, and discretionary implementation based on school ethos. Three critical findings emerge about how national education policies navigate tensions between children's rights and parental rights. First, when these rights conflict, policy mechanisms consistently subordinate children's participation rights to adult authority even as rights-based rhetoric intensifies. Second, children's rights discourse itself becomes weaponized to restrict education, with conservative resistance invoking "protection" to justify limitation. Third, structural mechanisms entrench cultures of limitation even as curriculum content becomes more progressive, demonstrating that curricular reform alone cannot transform power relations. The systematic exclusion of LGBTQ+ (particularly trans), disabled, and minority ethnic young people reveals whose experiences count as legitimate within sexuality education. These are not implementation failures but effects of problem representations that construct certain young people as "too controversial" or invisible. For education researchers, this paper raises important and urgent questions about response-ability (Harraway, 2012). When children's rights discourse is weaponized to advance ideological agendas contradicting evidence and young people's expressed needs, we cannot claim neutrality. The future of sexuality education depends on whose voices shape that future and whether young people's voices will finally be heard not as background consultation but as authoritative partners in imagining more just, inclusive, and hopeful possibilities. References Bacchi, C. (2012), “Introducing the ‘what’s the problem represented to be?’ approach”, in Bletsas, A. and Beasley, C. (Eds), Engaging with Carol Bacchi: Strategic Interventions and Exchanges, The University of Adelaide Press, Adelaide, Australia, pp. 21-24. Curvino M, Fischer M (2014) Claiming Comprehensive Sex Education is a Right Does Not Make it So: A Close Reading of International Law. New Bioeth Multidiscip J Biotechnol Body 20:72–98. https://doi.org/10.1179/2050287714Z.00000000044 Keating S (2023) The Road Less Travelled: The Journey to Meaningful and Empowering Relationships and Sexuality Education (RSE) in Irish Schools. In: Górnicka B, Doyle M (eds) Sex and Sexualities in Ireland: Interdisciplinary Perspectives. Springer International Publishing, Cham, pp 107–130 Kiely E (2023) The Relationships and Sexuality Education (RSE) Review: Advancing Student Sexual Citizenship in Ireland for the Twenty-First Century? In: Górnicka B, Doyle M (eds) Sex and Sexualities in Ireland: Interdisciplinary Perspectives. Springer International Publishing, Cham, pp 85–106 Haraway, D. (2016). Staying with the trouble. Making Kin in the Chthulucene. Duke University Press. Marshall H (2025) Beyond panic: navigating the tides of change in relationships and sex education. Sex Educ 25:324–340. https://doi.org/10.1080/14681811.2024.2336915 National Council for Curriculum and Assessment (NCCA). 2019. Report on the Review of Relationships and Sexuality Education (RSE) in Primary and Post-primary Schools. https://ncca.ie/media/4462/ report-on-the-review-of-relationships-and-sexuality-education-rse-in-primaryand-post-primary-school.pdf. Accessed 15 Jan 2025 Nolan A (2018) School-based relationships and sexuality education (RSE): lessons for policy and practice | Health and Education Resource Centre. https://healtheducationresources.unesco.org/library/documents/school-based-relationships-and-sexuality-education-rse-lessons-policy-and. Accessed 15 Jan 2025 Robinson KH, Bengtsson J (2024) The politics of age in sex and sexuality education for children and young people. Sex Educ 24:579–584. https://doi.org/10.1080/14681811.2024.2369408 25. Research on Children's Rights in Education
Paper Navigating Controversies in Student Rights: A Legal Analysis of Teacher Discipline and Procedural Justice in Taiwan National Tsing Hua University, Taiwan Presenting Author:Abstract
Traditionally, the classroom was imagined as a sacred pedagogical space in which teacher authority was taken for granted, supported by long-standing cultural expectations that teachers embody moral authority and uphold classroom order. Yet contemporary schooling is undergoing a profound paradigm shift under the influence of human-rights jurisprudence and procedural accountability. In this environment, teachers’ disciplinary authority is no longer treated as an inherent entitlement; instead, it becomes a conditional authorization—one that must be justified, documented, and aligned with legally protected student rights. This transformation generates a core tension between legal norms that demand clarity, neutrality, and proportionality, and the complex realities of classroom life where discipline often unfolds through rapid judgments under time pressure. While legislators and policy discourses increasingly foreground student protection, teachers are expected to sustain instructional order amid persistent classroom disruptions that erode teaching quality and intensify emotional exhaustion (Hopman et al., 2018). The central problem, therefore, is how teachers can maintain order and educational meaning when professional discretion is increasingly constrained—and retrospectively evaluated—through legalistic frameworks.
Existing literature offers key lenses on discipline and disruption, yet it also points to a disconnect between classroom dynamics and legal governance. From a normative perspective, compliance is shaped less by punitive severity than by students’ perceptions of legitimacy and fairness (Way, 2011). In parallel, interactionist work suggests that disturbances are co-constructed through teacher–student interactions and the ongoing interpretation of what counts as “disruptive” in a given classroom ecology (Eckstein, 2019). These insights underscore that discipline is contextual and relational—precisely what makes it difficult to translate into stable legal categories.
In Taiwan, this translation challenge is concentrated in the Campus Incident Resolution Committee (CIRC), where classroom interactions must be converted into legally defensible evidence. As disputes escalate into petitions and administrative litigation, the same incident is re-written through judicial logics of legality, procedural justice, and proportionality. Yet how these layers collectively reshape the meaning of “appropriate discipline,” and what kinds of pedagogical rationality can cross the threshold of legal recognition, remain under-examined.
Accordingly, this study asks: (1) How does the legal system demarcate the boundary of “appropriate” discipline in teacher–student disputes? (2) What forms of pedagogical rationality are validated, reduced, or rejected as cases move across institutions? The study employs qualitative textual analysis of a multi-layered corpus, including administrative court judgments, petition decisions, and CIRC investigative reports, to examine the process of legal reconstruction—how decision-makers interpret teacher intent, student reaction, and contextual constraints, and how they operationalize proportionality when weighing educational purposes against rights-based concerns.
Preliminary analysis reveals a structural discrepancy between normative legal requirements and classroom practices. First, the erosion of procedural justice—particularly neglect of students’ right to be heard—weakens the “filtering mechanism” that should prevent arbitrary judgments, producing decisions that rely on stigmatizing prejudgments rather than fact-sensitive assessment (Shen & Li, 2006). Second, teachers’ emotional catharsis may replace deliberative professional discretion: discipline is framed as a release or defensive reaction rather than a pedagogically reasoned intervention, making it more vulnerable to legal disqualification. The study argues that for discipline to be both educationally meaningful and legally defensible, it must move beyond narrow deterrence logic by restoring procedural fairness and strengthening teacher–student relationships, reflecting research on the relational foundations of classroom management (Wettstein et al., 2021). By conceptualizing discipline disputes as a “translation” between law and education, this research offers a framework for understanding teacher professionalism under intensified legalization and for diagnosing where institutional design amplifies, rather than resolves, the law–practice gap. Methodology, Methods, Research Instruments or Sources Used Methodology This study employs qualitative textual analysis to trace how teacher-discipline incidents in Taiwan are re-written and re-defined as they move from school-based handling into petition procedures and administrative litigation. Rather than asking simply whether courts “intervene,” the study examines how pedagogical judgments embedded in disciplinary situations are translated, through institutional circulation, into legally reviewable facts, reasons, and boundaries of responsibility. The analytic focus is therefore placed on the linguistic choices, justificatory logics, and evidentiary arrangements that stabilize “professional conduct” as a governable legal object. To capture this cross-institutional translation, the study builds a multi-layered corpus of legal-administrative texts produced between 2020 and 2025, consisting of: (1) Administrative Court judgments (high administrative courts and, where applicable, the Supreme Administrative Court), which articulate the final boundaries of legality; (2) Petition/review decisions (administrative appeal and self-correction outcomes), which reveal intermediate standards of institutional legitimacy; and (3) Campus Incident Resolution Council (CIRC) investigative reports, which typically contain the most granular narrative of classroom interactions and the earliest professional interpretations. This architecture enables both “top-down” tracing (how courts reframe pedagogical events) and “bottom-up” reconstruction (how classroom incidents are initially problematized and documented). Cases are selected through purposive sampling to prioritize information-rich disputes where judicial reasoning engages substantively with professional judgment rather than purely technical procedure. Sampling proceeds iteratively with constant comparison; analytic saturation is assessed when successive cases cease to generate new categories of review thresholds, legitimacy concerns, or normative expectations regarding the “ideal teacher.” Analysis proceeds in three steps. First, the texts are open-coded to identify recurring themes (e.g., procedural justice, proportionality, emotional stability, student rights, remediation feasibility) and to map how facts are narratively packaged as evidence. Second, the study conducts a cross-document comparison between the “educational narrative” (CIRC reporting and pedagogical rationales) and the “legal reconstruction” (judicial syllogisms and legality tests), identifying points where contextual pedagogical nuance is retained, reduced, or moralized. Third, focused coding examines proportionality reasoning—how decision-makers weigh teacher intent, contextual constraints, and institutional support against student impact and rights claims. To enhance trustworthiness, the study maintains detailed coding memos and an audit trail, triangulates across document types, and uses thick description to counter the decontextualized character of verdict texts. As the materials are publicly accessible official documents, the study is exempt from formal human-subject review, while still following fairness principles by treating texts as institutional microcosms rather than as grounds for personal judgment. Conclusions, Expected Outcomes or Findings Conclusion This study has argued that teacher-discipline disputes in Taiwan should be understood as a cross-institutional translation process through which situated pedagogical judgments are progressively reconstructed into legally reviewable facts, reasons, and boundaries of responsibility. By analyzing administrative court judgments, petition decisions, and CIRC investigative reports, the study demonstrates a persistent norm–practice gap: although the regulatory framework foregrounds student rights, educational purposes, non-discrimination, and proportionality, everyday disciplinary practices recurrently drift toward control techniques centred on humiliation, exclusion, and fear—often at the expense of students’ dignity and learning opportunities. The findings further suggest that this gap is not adequately explained as sporadic “misconduct” by individual teachers; rather, it reflects two structural malfunctions in the practical governance of discipline. First, proportionality remains largely confined to statutes and administrative texts and is rarely internalized as an operational reasoning tool for selecting the least intrusive measure or balancing harm against educational benefit in real-time classroom decision-making. Second, procedural justice is frequently under-activated: students’ opportunities to be heard and to clarify contested facts are systematically weakened, removing the filtering mechanism that should prevent stigmatizing prejudgments and arbitrary escalation. These insights contribute to international debates on teacher professionalism under intensified legalization by showing how legality is not merely an external constraint but a productive force that reshapes what counts as “appropriate” discipline. Practically, the study points to the need for institutional designs that translate proportionality into workable decision heuristics and training, and embed voice-sensitive, fact-checking procedures into school-based incident handling, thereby narrowing the law–practice gap while preserving educational meaning. References References Blank, C., & Shavit, Y. (2016). The association between student reports of classmates’ disruptive behavior and student achievement. AERA Open, 2(3), 1–17. https://doi.org/10.1177/2332858416653921 Eckstein, B. (2019). Production and perception of classroom disturbances -- A new approach to investigating the perspectives of teachers and students. Frontline Learning Research, 7(2), 1–22. https://doi.org/10.14786/flr.v7i2.411 Hopman, J. A. B., Tick, N. T., van der Ende, J., Wubbels, T., Verhulst, F. C., Maras, A., Breeman, L. D., & van Lier, P. A. C. (2018). Special education teachers’ relationships with students and self-efficacy moderate associations between classroom-level disruptive behaviors and emotional exhaustion. Teaching and Teacher Education, 75, 21–30. https://doi.org/10.1016/j.tate.2018.06.004 Lewis, R., Romi, S., Katz, Y. J., & Qui, X. (2008). Students' reaction to classroom discipline in Australia, Israel, and China. Teaching and Teacher Education, 24(3), 715–724. https://doi.org/10.1016/j.tate.2007.05.003 Lopes, J., & Oliveira, C. (2017). Classroom discipline: Theory and practice. In J. P. Bakken (Ed.), Classrooms: Academic content and behavior strategy instruction for students with and without disabilities (Vol. 2, pp. 231–253). Nova Science Publishers. Meinokat, P., & Wagner, I. (2025). Classroom disruptions and classroom management in learning factory settings at vocational schools. International Journal for Research in Vocational Education and Training, 12(2), 266–288. https://doi.org/10.13152/IJRVET.12.2.5 Scherzinger, M., & Wettstein, A. (2019). Classroom disruptions, the teacher–student relationship and classroom management from the perspective of teachers, students and external observers: A multimethod approach. Learning Environments Research, 22(3), 101–116. https://doi.org/10.1007/s10984-018-9269-x Shen, S.-P., & Li, R.-L. (2006). The school disciplinary system from the perspective of rule by law. Frontiers of Education in China, 1(4), 567–576. https://doi.org/10.1007/s11516-006-0030-3 Way, S. M. (2011). School discipline and disruptive classroom behavior: The moderating effects of student perceptions. The Sociological Quarterly, 52(3), 346–375. https://doi.org/10.1111/j.1533-8525.2011.01210.x Wettstein, A., Ramseier, E., & Scherzinger, M. (2021). Class- and subject teachers’ self-efficacy and emotional stability and students’ perceptions of the teacher–student relationship, classroom management, and classroom disruptions. BMC Psychology, 9(1), 103. https://doi.org/10.1186/s40359-021-00606-6 25. Research on Children's Rights in Education
Paper Beyond the Pupil Council: An Action Research Prototype to Improve Inclussiveness, Sustainability and Policy Impact of Children's Participation in Schools 1: KU Leuven, Belgium; 2: Karel de Grote University of Applied Sciences and Arts Presenting Author:Although few people openly dispute the importance of children’s rights, specialists warn that political and crisis-related pressures can push children’s rights out of focus—particularly the right to participate in decisions that affect them (ChildFund Alliance et al., 2021; UNICEF, 2025). Article 12 of the UN Convention on the Rights of the Child (UNCRC) requires that children can express their views and that adults give those views due weight (UNCRC, 1989). In schools, participation is therefore not an optional “extra”, but a rights-based duty that needs to be implemented in everyday educational practice (Lundy, 2007). Yet participation often remains fragile: pupils may be asked for opinions while experiencing limited influence on decisions, and participation may not be equally accessible to all pupils (ChildFund Alliance et al., 2021). Schools are frequently encouraged to organise participation through formal structures such as pupil councils. However, research shows that councils alone do not guarantee meaningful participation when they are disconnected from classroom practices, informal school life, and governance routines (Cross et al., 2014; Graham et al., 2018). This points to three recurring challenges at the intersection of children’s rights and education: (1) inclusiveness (whose perspectives enter participation spaces), (2) sustainability (how participation becomes embedded in routines and roles), and (3) policy impact (whether pupils’ perspectives actually shape decisions). This paper reports empirical findings from the GOTALK project (September 2023–August 2025), a cross-national project that tested and refined a prototype method for strengthening pupil participation through and beyond pupil councils. We focus on action research trajectories in four Flemish schools in Antwerp (two primary; two secondary). Schools entered the trajectories with their own questions about pupil participation and aimed to strengthen at least one of the three challenges (inclusiveness, sustainability, policy impact). The prototype method was designed as a practice-oriented approach to generating and mobilising knowledge in real school settings (Abma et al., 2017; Friedman & Rogers, 2009). Conceptually, we combine Lundy’s space–voice–audience–influence framework (Lundy, 2007) with an analytic focus on gaps between espoused theories and theories-in-use (Argyris & Schön, 1974; Savaya & Gardner, 2012). This lens clarifies how schools can endorse participation rhetorically while everyday routines reproduce hierarchy. Findings are presented through three clusters of critical incidents. First, adult decision-maker presence mattered for “audience” and “influence”, but also created risks of adults abusing childrens voices for their own purposes (Lundy, 2007). In one secondary school, a principal’s structured dialogue with pupils—paired with clearer preparation, fewer agenda items, and school-wide feedback—strengthened perceived influence and led to governance adjustments. In one primary school, a unilateral budget decision taken “on behalf of” pupils undermined trust and exposed opaque decision-making procedures. Second, schools shifted from a pedagogy of teaching to a pedagogy of participation by reflecting on micro-practices that encode hierarchy (Graham et al., 2018). Reconfiguring space and interaction (e.g., sitting arrangements; negotiated norms of address) supported more equitable deliberation. Third, inclusiveness depended on practices connecting council members with non-members. Peer-to-peer interviews and participatory documentation (e.g., a “living wall”) broadened perspectives informing council proposals (Bjartveit et al., 2019; Wang & Burris, 1997), while everyday procedures (visibility, time, corridor rules) shaped who could engage. Across cases, inclusiveness, sustainability and policy impact proved mutually dependent. The paper contributes an empirically grounded, rights-explicit and adaptable method for organising participation in schools and shows how “influence” can be strengthened beyond token consultation (Lundy, 2007), advancing Network 25’s agenda at the intersection of children’s rights and education. Methodology, Methods, Research Instruments or Sources Used Design and setting. The study used collaborative action research with four Flemish school teams within the broader GOTALK project (September 2023–August 2025). Two trajectories were conducted in primary schools (pupils aged 6–12) and two in secondary schools (pupils aged 12–18). Schools were recruited in Antwerp. Inclusion criteria were: (1) a functioning pupil council; (2) willingness to strengthen participation in at least one domain (inclusiveness, sustainability, policy impact); and (3) readiness to formulate school-specific inquiry questions with the research team. Prototype method. A prototype method for strengthening participation was drafted during the proposal stage and refined iteratively through stakeholder engagement. Three multi-actor “labs” (pupils, educators, policy actors, parents, NGOs and researchers) supported refinement. The method comprised six flexible building blocks: (1) context analysis and networking; (2) mapping ideas of participation; (3) searching for other views; (4) assembling perspectives; (5) design and implementation; and (6) dissemination and policy impact. Data generation. Data included researchers’ notes from meetings with school teams; researchers’ intervision notes; field notes from observations of pupil councils and related activities; and interview/focus-group transcripts with adult team members. Participation tools tested in situ included peer-to-peer interviews, the Mosaic Approach (Clark, 2017), pedagogical documentation (including a “living wall”) (Bjartveit et al., 2019), and photovoice-inspired activities (Wang & Burris, 1997). Analysis. Analysis followed a narrative critical-incident approach. Incidents were selected when they disrupted routine participation, revealed assumptions about children’s roles, or triggered adaptations in governance and practice. Incidents were analysed using sensitising concepts from children’s rights (UNCRC; space–voice–audience–influence) (Lundy, 2007) and reflective practice (espoused theory vs theory-in-use) (Argyris & Schön, 1974; Savaya & Gardner, 2012). Cross-case comparison examined how changes in one domain shaped the others. Ethics. A children’s rights perspective guided ethical decision-making, with attention to power inequalities and risks of coercion or retaliation in school contexts (Woelders & Abma, 2019). Conclusions, Expected Outcomes or Findings Strengthening children’s right to participate in education requires more than maintaining a pupil council. Across four Flemish schools, the GOTALK prototype method helped shift participation from isolated consultation toward clearer decision pathways and more visible follow-up, supporting schools to translate children’s perspectives into adjustments of practice and governance. Critical incidents show how “audience” and “influence” can expand when adult decision-makers engage in structured dialogue and when schools institutionalise transparent feedback to the wider pupil body (Lundy, 2007). The same incidents also show how quickly adult convenience can override rights commitments: unilateral decisions made “for” pupils undermine trust, weaken sustainability, and narrow participation to tokenism (Cross et al., 2014). Participation is also taught through micro-practices—spatial arrangements, speaking norms, and forms of address—that communicate who is expected to speak and who is expected to listen (Graham et al., 2018). Methodologically, the study adds lessons for rights-oriented action research: a flexible prototype allowed teams to move between tools, procedures and vision work as power dynamics surfaced (Abma et al., 2017). Participatory tools can widen whose perspectives enter deliberation, but only if schools remove procedural barriers and invest in adult facilitation capacity and accountability (European Commission et al., 2021). Implications point to a whole-school approach in which councils are embedded in routines for agenda setting, communication, decision-making and follow-up, backed by adult accountability for acting on children’s views (European Commission et al., 2021). Future research should test transferability and examine deeper pupil involvement in research design and governance. References Abma, T. A., Cook, T., Rämgård, M., Kleba, E., Harris, J., & Wallerstein, N. (2017). Social impact of participatory health research: Collaborative non-linear processes of knowledge mobilization. Educational Action Research, 25(4), 489–505. https://doi.org/10.1080/09650792.2017.1329092 Argyris, C., & Schön, D. A. (1974). Theory in practice: Increasing professional effectiveness. Jossey-Bass. 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