Chapter 8

Activities

Were you aware that the age of criminal responsibility in England, Wales and Northern Ireland is currently 10 years old? In Belgium it is 18 and in Spain it is 16. In England, from the age of 10, the law says that children can be judged to understand their actions and the consequences of these actions and be held responsible for them. Read the guidelines on the government website: www.gov.uk/age-of-criminal-responsibility

In 2014 a Private Member’s Bill is under consideration that proposes to raise the age of responsibility from 10 to 12 years old. Have a look at this Bill and the stage it is at on: http://services.parliament.uk/bills/2013-14/ageofcriminalresponsibility.html

Do you agree or disagree with the proposal to raise the age of criminal responsibility from 10 to 12 years old? What are your reasons?

According to a report, Professor Mackintosh and other neuroscientists claim that parts of the brain responsible for impulse control and decision making do not fully mature until at least the age of 20: www.bbc.co.uk/news/uk-16153045

To what extent do you think the findings of the report from the Royal Society (royalsociety.org) should be taken into account in any review of the law governing the age of criminal responsibility?

What do you know about human rights history? Watch the ‘potted history’ of human rights: www.youtube.com/watch?v=nCQWwkERit4

What struck you as significant in this film? What do you make of the concept of ‘natural law’ or ‘natural rights’? Do you have any thoughts about the way human rights are presented in this film?

Watch the short film showing thirty Articles of the Declaration of Human Rights: www.youtube.com/watch?v=kJ2XMRJkyv4&list=PL2AF7A926D59AAB73&index=11

Which rights are you most actively concerned with currently? Are there any that you were unaware of?

Education, the Law and You (NUT, 2012) provides advice for newly qualified teachers about the professional standards governing teachers’ rights and duties. It provides background information on the ‘duty of care’. The term ‘in loco parentis’ was used originally to denote the idea that teachers should take the same care as a parent would in similar circumstances (www.teachers.org.uk/files/the-law-and-you--8251-.pdf).

  • Read the first section of the document and note the distinctions between the common law, statutory and contractual aspects of teachers’ duty of care (pp. 3-4).
  • Read the sections on Physical Contact with Pupils (pp. 7-8). Read the sections on Teachers’ Power to Discipline (pp. 10-11). To what extent do you think this guidance is consistent with a rights-based approach to relationships?
  • Finally, read the sections on anti-discrimination, human rights and equality (pp. 11-13). How would you summarise the key responsibilities of teachers and the principles governing their relationships with students?