By Bahk Eun-ji
Seoul Metropolitan Office of Education's regulations on students' human rights, which ban discrimination and hate speech against homosexuality or specific religions, do not violate the Constitution, the Constitutional Court ruled Monday.
The nine-member court ruled unanimously on the constitutionality of the regulations following a petition from teachers and parents at a Christian school.
The education office's regulations have been at the center of a controversy between progressive and conservative groups.
The petitioners took issue with a clause that states that school principals, teachers and students should not infringe on others' human rights by expressing hatred and discrimination based on an individual's gender, religion or sexual orientation.
The petitioners said the clause prevented Christians from denouncing homosexuality ― which they claim is against their religious and biblical values ― and thus infringed on their freedom of expression.
"Such hate expressions infringe on an individual's and a minority's dignity as humans and deny the value of specific groups. So banning them are necessary to protect the dignity guaranteed by the Constitution," the court said.
It said such expressions, especially made toward students who were growing physically and mentally, could damage their abilities in these areas and have negative consequences on their personalities.
"The court concluded that the public interest achieved through the ordinance is much larger and more important than the petitioners' freedom of expression," it said.
Seoul Metropolitan Office of Education's regulations on students' human rights, which ban discrimination and hate speech against homosexuality or specific religions, do not violate the Constitution, the Constitutional Court ruled Monday.
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| Gettyimagesbank |
The education office's regulations have been at the center of a controversy between progressive and conservative groups.
The petitioners took issue with a clause that states that school principals, teachers and students should not infringe on others' human rights by expressing hatred and discrimination based on an individual's gender, religion or sexual orientation.
The petitioners said the clause prevented Christians from denouncing homosexuality ― which they claim is against their religious and biblical values ― and thus infringed on their freedom of expression.
"Such hate expressions infringe on an individual's and a minority's dignity as humans and deny the value of specific groups. So banning them are necessary to protect the dignity guaranteed by the Constitution," the court said.
It said such expressions, especially made toward students who were growing physically and mentally, could damage their abilities in these areas and have negative consequences on their personalities.
"The court concluded that the public interest achieved through the ordinance is much larger and more important than the petitioners' freedom of expression," it said.
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