Schools (unreasonable school rules)

Current status

In recent years, there has been growing social concern about the issue of “unreasonable school rules,” which are significantly out of step with social norms and bind students' appearance and behavior for no rational reason. In response to this movement, some schools have actually revised their school rules, but there are still many schools with “unreasonable school rules” in place. This school will explain the problem of “unreasonable school rules” that violate children's rights.

What are unreasonable school rules?

“Unreasonable school rules” refer to school rules that deviate from social common sense, such as restricting students' appearance and behavior without rational reasons. Specifically, the following school rules have been identified as unreasonable school rules.

Hair coaching

These are school rules that lack rationality regarding hairstyle, such as prohibiting certain hairstyles such as two-block or perms, forcing students to dye their hair black if it is not black, and prohibiting students from having bangs that cover their eyebrows. A survey conducted in 2018 by Chiki Ogigami and others through the “Let's Eliminate unreasonable school rules! project” , the percentage of people born with brown hair is about 8%. Under unreasonable school rules, these students whose hair is not black are required to dye their hair black or submit a certificate of natural hair color. Even students with so-called “curly hair” are sometimes instructed to have their hair straightened under school rules that prohibit perms. In addition, there are also regulations that do not stipulate such “prohibited matters” but rather specify the school's hairstyle with regard to hairstyle. In addition to hair, some reports also claim that the children were given inappropriate instruction. For example, some schools have a school rule that prohibits students from shaving their eyebrows, and there have been reports of inappropriate instruction such as instructing students to study in a separate room for three days, giving them materials for young children, forcing them to write reflection essays, or making them sit facing a wall and being surrounded by five teachers if they break these school rules.

However, in a Kumamoto District Court ruling in 1985 in a court case that challenged the invalidity of a school rule prohibiting boys in junior high schools from wearing their hair cut in the round or long style, the court ruled that this school rule did not violate the discretion of the principal who established the rule and was therefore legal.

Dress code

This applies to detailed and strict regulations on student dress, such as the color of hair elastics and hair pins, the color and length of stockings and socks, and the prohibition of the wearing of tights and scarves. In some cases, they are checked not only as explicit “school rules” but also within the discretion of the teacher. Excessively detailed dress code lacks rationality, and school rules that prohibit measures against cold and heat are a threat to students' health. In addition, rules such as “no tights” can lead to gender discrimination, as boys who wear slacks can wear them with layers of clothing and never be found out, whereas girls who wear skirts cannot wear tights and have to endure the cold.

There are also school rules and coaching that lead to sexual harassment, such as the designation of underwear colors, skirt lengths, and strict rules on personal belongings and their inappropriate use. Although some point out that the designation of underwear color itself is not reasonable, there are cases of checks being conducted by teachers of the opposite sex, which can be considered a form of sexual harassment. In addition, having a teacher of the opposite sex turn up a student's skirt in public when checking skirt length, or having a teacher of the opposite sex inspect a student's personal belongings, including sanitary products, can also be considered inappropriate.

Other unreasonable school rules

In addition to the above, stipulations such as “no sunscreen on school premises,” “no private conversation during recess,” “walking to school only,” and “no luggage left at school” are unreasonable school rules that in many cases lack rationality and violate students' freedom. Designating students to walk to school or forcing them to carry heavy baggage home every day may also lead to health problems for students.

One of the reasons for the existence of these school rules is the “in-school violence” that became a social problem in the 1970's and 1980's. In order to deal with this problem, schools began to impose strict rules on dress, etc., which are now known as “unreasonable school rules.” It has also been pointed out that the various requests and complaints from parents and the surrounding community to schools have been a factor in the creation and persistence of unreasonable school rules, and that school rules that restrict students' private lives have been created to prevent not only violence but also a wider range of problems. Some point out that the school rules have become more restrictive in order to prevent not only violence but also a wider range of troubles.

One of the reasons these unreasonable school rules have come to the attention of the public in recent years is a 2017 lawsuit over an Osaka prefectural high school's instruction to dye its students' heads black. In 2021, the Osaka District Court ruled that the school rule requiring hair dyeing was “within the discretion of the school,” but later ruled that schools should not put students' names on rosters or put them in classrooms. The Osaka District Court in 2021 ruled that while the school's regulation requiring hair dyeing was “within the discretion of the school,” the subsequent measures taken by the school, such as not listing the student's name in the school directory and not assigning him a seat in the classroom, were “not acceptable”. This lawsuit was reported with surprise in some Western media and triggered the recognition of unreasonable school rules and the spread of discussions about them in Japan.

The Negative Impact from unreasonable school rules

These unreasonable school rules can have a negative impact on students' physical and mental health. In 1990, a fatal accident occurred as a result of strict tardy enforcement, and at the time of the accident, the school was criticized for its administrative approach to school rules. In the accident, a teacher was counting down the number of seconds before the students were due to arrive at school, using a loudspeaker, and was about to slide the steel gate closed when a female student ran in and was crushed in the head, resulting in her death.

In addition, detailed hair and dress codes and their strict enforcement can create a psychological burden for students. Students who do not find the school rules themselves to be reasonable may experience psychological distress if their clothing is considered “flashy” or if they are suspended, required to study in a separate room, or required to submit a reflection essay due to the arbitrary application of the school rules. Some students remain dissatisfied with the school rules but are unable to speak up, fearing that it might affect their internal examinations or that they will be expelled from the school. In addition, the operation of school rules that could be considered sexual harassment, such as the checking of underwear by teachers of the opposite sex due to school rules that specify the color of underwear, can leave students emotionally scarred.

Other cases have been created as a result of unreasonable school rules, such as students being subject to guidance if they do not use or wear school-designated items, having to purchase designated items that are more expensive than similar items, or having to make frequent visits to the barber shop for strict hair inspections. Some have pointed out that the school rule guidance imposes an unreasonable economic burden on families too.

Improvements

In response to the recent debate and public concern about unreasonable school rules, schools and boards of education have been reviewing school rules nationwide. In 2022, the following five school rules were abolished in all Tokyo metropolitan high schools: “uniform dyeing of hair black,” “prohibition of two-block hair styles,” “house arrest instead of separate rooms on campus,” “specification of underwear color,” and “guidance using vague expressions such as ‘typical high school student’.” On the other hand, “submission of a certificate of natural hair” remained in some high schools. In the same year, the Ministry of Education, Culture, Sports, Science and Technology revised the “Student Guidance Manual,” a set of guidelines for teachers on what to do when children or students have behavioral problems, etc. The first edition in 2010 was the current version, which clearly stated school rules regarding “wearing uniforms, perms, bleaching, makeup,” etc., but the examples were It has been removed. It is also important to ”constantly review whether they are really necessary and to verify whether there are any students whose behavior is unnecessarily restricted,” and recommended that the school rules be published on the school website.

We also believe that it is necessary to reexamine school rules with the participation of children. The Convention on the Rights of the Child considers children not only as “objects of protection” but also as ”subjects of rights,” and Article 12 recognizes children's right to express their opinions. With the participation of children in the work, it is necessary to review the current school regulations from the viewpoints of “for what” and “for whom,” “whether they are truly necessary,” and “whether reasonable consideration is given to minority groups.”

This requires that adults, such as teachers and parents, must recognize and trust children as the subjects of their rights. “Children don't deserve to have their opinions heard.” “Their opinions are not worth listening to.” If adults who make the rules are not willing to listen to children's opinions like this, the review of the school rules will not be successful. It is important to have a system that does not make a clear distinction between “adults who make the rules” and “children who follow the rules,” and that allows children themselves, who are the “followers,” to participate in the rule-making process. In Kumamoto City, children are actually participating in a review of school rules with the aim of learning the basics of democracy through the experience of making rules themselves. In addition, the NPO Katariba is supporting efforts to review school rules through discussions among school parties, such as students and teachers, through its “Everybody's Rule Making Project.”

However, as these efforts to review school rules spread, there are still some changes to school rules that only loosen but do not abolish restrictions, such as “broadening the range of underwear color designations.” Some have pointed out that this sometimes lacks the perspective of “Is this school rule necessary in the first place?” and that teachers need to understand the purpose of the school rule review. When conducting a review, it is necessary for all parties involved in the discussion to have a proper understanding of the purpose of the discussion.