Managing the behavioural rights of teachers and learners : a case study in the north metropolitan district of Cape Town

Abstract

Around the world, managing the behavioural rights of teachers and learners in schools remains a complex problem for all involved in the teaching and learning situation. From a legal standpoint, the crux of this study relates to why school managers and teachers feel disempowered by learners’ rights. Over and above the duty of all citizens not to infringe on other peoples’ human rights (e.g. the horizontal application of the Bill of Rights contained in Section 2 of the Constitution, SA, 1996), teachers also have a legal obligation to promote and protect learners’ rights (e.g. a vertical application of the Bill of Rights contained in Section 2 of the Constitution, SA, 1996). It is this extra mandate that results in teachers feeling disempowered by learners’ rights. Learners’ rights are protected because teachers are representative of the state and, as such, the vertical application of human rights arises where learners are protected against any possible abuse of power. Moreover, a further ‘imbalance’ is created by children’s rights (Section 28, SASA, 1996). In particular, their right to protection and to having their best interests is regarded as of paramount importance. The study examined the role of the principal, SMT, SGB and RCL in managing the behavioural rights of teachers and learners. A qualitative investigation at three public high schools in the North Metropolitan District of Cape Town was done. Data were collected by means of document analysis as well as by in-depth interviews with five teachers and five RCL members at each of the three participating schools. The findings of the study revealed that the behavioural rights of teachers and learners are managed by the school management leadership style, by the ineffective support from teacher unions, by the functionality of the SGB, by the muted voice of the RCL and in a conflicting manner by some parents. The study recommends that principals, SMTs, SGBs and RCLs be empowered in order for them to manage the behavioural rights of teachers and learners effectively. The principals, SMTs, SGBs and RCLs that adopt a democratic leadership style which favours support, collaboration and conflict resolution can thus take firm hold of a golden opportunity – the opportunity to sustain and promote the managing of the behavioural rights of teachers and learners.