The lead by the Constitutional Court of South Africa
towards making education violence-free, highlighted in Box
6, closes a gap in the human rights rationale against
violence in education. The traditional focus in human rights
on the protection against abuse of power by the government
relies on self-policing by governments themselves,
individually and collectively. The existing international
standards represent a patchwork while domestic approaches
vary a great deal. Some governments recognize their obligation to guarantee individual security and/or safety, others
accept only some limits upon resort to violence by the
agents of the state. Violence by non-state actors is addressed
as a variety of different and unrelated phenomena – racial
(or racist) violence, or violence against women, or
communal violence, with child abuse occasionally raised to
prominence to then disappear again from the public
agenda. What governments should – or should not – do to
prevent victimization, including by ‘normalization’ of
violence at home, in school, in the media, or through
computer games, is fiercely discussed but no shared approach is emerging. The common approach is often
combating violence with violence, for which the proverbial
examples are death penalty for homicide or corporal
punishment of school children lest they would continue to
be – or become – violent.
Violence has appeared on the human rights agenda in
its different manifestations, ranging from arbitrary
executions and death penalty to football hooliganism and
child abuse. Calls to recognize a right to violence-free life
illustrate desires to extend human rights further. Thus the
38
Right to Education Primers No. 3
Declaration on Violence against Women included, in an
early draft, a ‘right to violence-free private and family
life,’ 48 which does not appear in its final text. Such a right
was, however, written into the Inter-American Convention
on Violence against Women, which declares that ‘every
women has the right to life free of violence.’49 In 1993, the
General Assembly of the United Nations, responding to
information on widespread killings of street children,
recognized that all children have the right to ‘freedom from
violence and harassment.’ 50 Attention of the United Nations subsequently shifted to violence by not only against
children.
The mass media are often accused of glorifying violence,
sometimes also of nudging people, particularly children, to
imitate the violence portrayed on TV screens or computer
games. A hypothesis that violent behaviour results from
exposure to violence has been subjected to empirical
verification many times, especially for children, yielding
mutually contradictory outcomes. A middle-of-the road view
holds that ‘exposure to images of brutality could turn an
already disturbed child towards violence. At the very least,
48
Division for the Advancement of Women – Background material on international
action relevant to a draft declaration on violence against women, 28 August 1992, p. 6.
49
Organización de los Estados Americanos – Convención interamericana para prevenir,
sancionar y erradicar la violencia contra la mujer (Convención de Belem do Para),
adopted on 6 June 1994, Article 3, Doc. OEA/Ser.P AG/doc.3115/94 rev.2, 9 June 1994.
50
United Nations – Plight of street children, General Assembly resolution 48/136 of
20 December 1993, preamble.