scholarly journals Pensar o direito humano à educação

2020 ◽  
Vol 28 ◽  
pp. 110
Author(s):  
Aline Cristina de Lima Dantas ◽  
Inês Barbosa De Oliveira ◽  
Jane Paiva

Thinking about the human right to education and its implementation, or not, in different educational “spaces-times” requires the investigation of “policies-practices”, in search of evidence of contribution to social emancipation that could be produced in them. With this methodical understanding of how to investigate the human right to education, the text aims to discuss ideas produced by researchers in multiple interventions in the world of life and the converging of those ideas, in the ways and means of their conception, in order to consolidate some principles –human dignity among them – in what has been called the right to education. Addressing this right of youth, adults, and the elderly largely motivates the reflections of the text, by understanding that the exercise of this right requires access to knowledge in plural and egalitarian contexts that respect previous knowledge and guarantee freedom of democratic participation, in which individual and social rights to learning and dignified citizenship are exercised by all. Focusing on the experience of everyday educational “policies-practices” that move in this direction, because by developing solidarity and more democratic relations between subjects, knowledge and cultures, the authors end by asking how these actions in these experiences contribute to broaden the emancipatory characteristic of these initiatives as they mature criticism as a device for more effective “reflections-actions”.

2017 ◽  
Vol 6 (s2) ◽  
pp. 9-17
Author(s):  
Pir Ali Kaya ◽  
Ceyhun Güler

Abstract According to The European Social Charter, the European Convention on Human Rights, the ILO Conventions, the decisions of the European Court of Human Rights, the decisions of the European Social Rights Committee and the ILO supervisory bodies, the right to collective action is a democratic right that aims to protect and correct the economic and social interests of workers in the workplace or in another place appropriate for the purpose of action. The above-mentioned institutions accept the right to collective action as a fundamental human right. According to the decisions of the European Court of Human Rights, the right to collective action is regarded as a democratic right, including strike. In particular, the right to collective action is being used as a resistance mechanism against new working relations, which are imposed on working conditions, right to work and the right to organize. However, the tendency of this right to political field, leads to some debate about the legality of the right to collective action. In this context, In the decision of the European Court of Human Rights, the ILO's supervisory bodies and the European Committee on Social Rights, it is emphasized that collective action rights should be a basic human right. In this study, the legal basis of the right to collective action will be discussed in accordance with the decisions and requirements of the European Court of Human Rights and the decisions of the ILO supervisory bodies.


Author(s):  
John Vorhaus

Article 26 of the Universal Declaration of Human Rights declares: 'Everyone has the right to education.' This implies that the right to education and training applies to all persons, including all persons in prison. This position is considered here from a philosophical point of view and it will receive some support. Yet it is not obvious that the position is correct, nor, if it is, how it is best explained. I will examine the basis for asserting a right to education on behalf of all prisoners, and consider what is required by way of its defence in the face of common objections. I illustrate how international conventions and principles express prisoners' right to education, and I look at how this right is defended by appeal to education as a means to an end and as a human right – required by respect for persons and their human dignity.


2011 ◽  
Vol 19 (4) ◽  
pp. 613-639 ◽  
Author(s):  
Helene Marie-Lou de Clerck ◽  
Julie Ryngaert ◽  
Estelle Carton de Wiart ◽  
Marie Verhoeven ◽  
Wouter Vandenhole ◽  
...  

AbstractIn migration control policies, social rights are often restricted in order to discourage immigration. The right to education seems to be the exception to the rule. This paper examines whether the right to education – beyond legal technical questions of the personal scope of application of human rights treaties, and the nature and the meaning of the right – is able to provide empowering leverage to undocumented children, or rather remains a lofty ideal on paper. Empirical data are drawn from the Belgian situation. Sociological research has shown that while quantitative educational democratisation has been highly successful, qualitative educational democratisation remains problematic. With regard to undocumented children, real-life limitations to school access (both individual and institutional), as well as psycho-social and institutional impediments during the schooling process seriously limit equal schooling and life opportunities. Unequal responses to organisational and pedagogical challenges that the presence of mobile students puts to schools, reinforce institutional factors of educational inequality for undocumented children. A key factor in understanding the tension between the legal recognition of the human right to education and daily realities is the outright contradiction between the approaches towards education on the one hand, and to migration more generally on the other hand. The latter is increasingly dominated by a securisation ideology.


Author(s):  
Isabel Carrillo Flores

Resumen: El legado del siglo veinte nos muestra avances en los Derechos Humanos, entre ellos el Derecho a la Educación, pero también nos evidencia los problemas de vulneración y las barreras aún existentes. Las crisis económicas recientes han agravado la situación, y las desigualdades educativas en vez de disminuir se acrecientan al amparo de políticas de ajuste en lo concerniente a derechos sociales. El contenido del texto plantea tal coyuntura y para hacerlo se estructura en cuatro apartados. Tras una breve presentación que nos permite contextualizar el tema, se realiza un breve repaso a cuatro estudios impulsados por la UNESCO (Coombs, Faure, Delors, Morin) que muestran las dificultades y los logros en educación desde la segunda guerra mundial al cambio de milenio. A continuación se presentan dos paradojas que vive la educación cuestionada del presente. Por una parte se expanden las políticas que llevana prácticas que niegan la educación como derecho, al mismo tiempo se ensalza el valor de uma educación de calidad para el desarrollo. Por outra parte, y en relación a lo anterior, la educación de calidad que se propone no incorpora la formación humana, más bien al contrario se mercantiliza la educación y se propone uma educación para el emprender y la empleabilidad como medida anticrisis. En el último apartado se plantea el Derecho a la Educación como reto deseable y posible.Abstract: The legacy of the 20th century has shown advances in the achievement of Human Rights, included the Right to Education. However, it has also shown problems involving the vulnerability and the barriers still existent regarding such rights. The economic crisis have aggravated the situation, and the educational inequalities, in place of weakening, grow along with the adjustment of social rights policies. This paper exposes such scenario, and, to do so, is structured in 4 sections. After a brief introduction that allows the contextualization of the subject, there is a brief review of four studies promoted by UNESCO (Coombs, Faure, Delors, Morin) that show the difficulties and the achievements on education from world war II until the change of the century. Then, the paper exposes two paradoxes which education goes through. On one hand, there is an expansion of policies that result in practices that deny education as a right, but at the same time an exaltation of the values of a quality education for development. On the other hand, the quality education exalted does not incorporate a human formation, but, on the contrary, mercantilizes itself, being education proposed as a means for entrepreneurship and the emplyability as an anticrisis mechanism. In the last section, the right to education is shown as a desirable and possible challenge.Resumo: O legado do século XX nos mostra avanços nos Direitos Humanos, entre eles o Direito à Educação. Mas também nos evidencia os problemas envolvendo a vulnerabilidade e as barreiras ainda existentes. As crises económicas recentes têm agravado a situação, e as desigualdades educativas, em vez de diminuir, crescem ao amparo de políticas de ajustes relativas aos direitos sociais. O conteúdo do texto expõe tal conjuntura e, para fazê-lo, se estrutura em quatro seções. Após uma breve apresentação que permite contextualizar o tema, faz-se uma breve revisão de quatro estudos promovidos pela UNESCO (Coombs, Faure, Delors, Morin) que mostram as dificuldades e os êxitos na educação desde a segunda guerra mundial até a mudança do século. Após, são apresentados dois paradoxos pelos quais passa a educação ora analisada. Por um lado, se expandem as políticas que levam a práticas que negam a educação como direito, mas ao mesmo tempo se exalta o valor de uma educação de qualidade para o desenvolvimento. Por outro lado, e em relação ao anterior, a educação de qualidade que se propõe não incorpora a formação humana, mas ao contrário, se mercantiliza, propondo-se uma educação para o empreendedorismo e a empregabilidade como uma medida anti-crise. Na última seção, o direito à educação é apresentado como um desafio desejável e possível.


2020 ◽  
pp. 140-162
Author(s):  
Celia Fernández Aller

It is not true that the idea of the right to subsistence should not give rise to much controversy. In fact, social rights are not considered as fundamental rights by everyone. The aim of this paper is to analyze whether abstract social rights –and the right to subsistence in particular- should be put in constitutions and laws and if judges should be given powers to interpret them. The philosophical foundations and the content of the right are studied and five great challenges are presented, although the most powerful one is to focus on the social and political enforceability of the fundamental right to subsistence. Assessing the effectiveness of the right to subsistence, and the right to food particularly, is a complex issue. In the legal discourse, the question seems to be only suggested.  Even when the Constitutions expressly recognize this right in some countries, its implementation faces many constraints. The progressive realization of ESC rights requires a complex interaction of policies and programs in a wide range of sectors and institutions.The scientific method used in this work is the legal-sociological method, regarding the understanding of the rules, the lack of them, their effectiveness,  etc.   Several methodological techniques have been used, such as social and legal analysis, legal deduction and induction, description and interdisciplinarity.


2019 ◽  
Vol 33 (4) ◽  
pp. 537-553
Author(s):  
Stéphanie Roza

Abstract This article examines the conception of social rights found in the writings of François-Noël Babeuf in the late eighteenth century and those of his followers, the neo-Babouvists, in the first half of the nineteenth. Both believed that social rights were to be based on natural needs, which they categorized as physical and moral: while physical needs necessitated the right to subsistence, moral needs encompassed the right to education. Babeuf and the neo-Babouvists also believed that social rights were inseparable from principles of equality and the reciprocity of rights and duties among society’s members. The neo-Babouvists developed this notion of reciprocity into the view that labour laws and the right to work constituted the legitimate and reciprocal counterparts of the property rights of employers. This balancing of property rights and workers’ rights was to be provisional, however, pending the transformation of society towards a community of goods.


Author(s):  
Benjamin Mallon

Chapter 14 critically analyses the idea of education as a universal human right. It outlines existing international human rights mechanisms relevant to education as a right and critically assesses their ability to make that right a reality in a diverse world with different levels of ‘peace’, stability, conflict, cultural and socio-economic contexts. While recognising that the right to education includes all people regardless of age, the chapter mainly focuses on education as a right for children and, in particular, how the right to education for children in developing countries can be affected by violent conflict. In this regard, the work of UNESCO and the influence of Convention on the Rights of the Child (CRC) are assessed along with a range of other rights mechanisms.


Author(s):  
Isaiah M. Sefoka ◽  
◽  
Kola O. Odeku

Most inadvertently, teenage girls in school fall pregnant. Over recent years, South Africa has seen an exponential increase in teenage pregnancy. A significant number of pregnant teenage girls end up dropping out of school as often they are unable to cope with the huge responsibility associated with pregnancy, and some schools are not supportive of pregnant learners. However, pregnant teenage girls still have the right to education. To make it methodologically sound, this study utilized a literature review research approach, mainly sourced from google scholar search engine, to address issues relating to the legal protection of pregnant teenagers. The study found that, in schools, pregnant girls were discriminated against on different grounds, and sometimes expelled. The research presented consequences of teenage pregnancy such as, dropping out of school, loneliness, anxiety/stress, and so on. More importantly, using the jurisprudence of the South African courts, the paper accentuates that pregnant teenagers still have the right to education, and being pregnant cannot be used to deprive or deny them this fundamental human right. It prohibits discrimination in schools on the basis of pregnancy, and presents arguments for continuation of schooling, and all assistance needed to ensure that the right to education is protected at all costs, even during pregnancy.


2018 ◽  
Vol 1 (1) ◽  
pp. 3-39
Author(s):  
Enock Akattu

This paper evaluates the state of education as a human right and demonstrates that it is possible to implement and ultimately protect the right to education within a domestic context. Despite its importance, the right to education has received limited attention from scholars, practitioners and international and regional human rights bodies as compared to other economic, social and cultural rights (ESCRs). NGOs have been increasingly interested in using indicators to measure and enforce a state‘s compliance with its obligations under international human rights treaties. Education is one of the few human rights for which it is universally agreed that the individual has a corresponding duty to exercise this right. This paper first of all draws up an inventory of the many international instruments which mention the right to education and analysethem in order to obtain a more precise idea of the content of this right, which often appears blurred. The paper also discusses the right to education as it is guaranteed in articles 13 of the Covenant on Economic, Social and Cultural Rights (ICESCR), article 28 of the Convention on the Rights of the Child (ICRC) and article 13 of the Protocol of San Salvador. The enjoyment of many civil and political rights, such as freedom of information, expression, assembly and association, the right to vote and to be elected or the right of equal access to public service depends on at least a minimum level of education, including literacy. Similarly, many economic, social and cultural rights, such as the right to choose work, to receive equal pay for equal work, the right to form trade unions, to take part in cultural life, to enjoy the benefits of scientific progress and to receive higher education on the basis of capacity, can only be exercised in a meaningful way after a minimum level of education has been achieved. Similarly, this paper discusses education in Kenya as a basic need and a human right (enhancing access, participation, retention, achievement and quality of schooling) to girls and boys and by extension women and men especially with the promulgation of the new Constitution of Kenya 2010 that recognizes education as a Bill of Rights and everyone is bound by the Bill of Rights. This means that all people in Kenya must respect education as a human right. The Bill binds all government institutions and state officers. They are required to respect human rights and deal appropriately with the special needs of individuals and groups in our society. In this paper, the provision of education in the first 4 to 18 years of schooling is considered to be basic, thus a basic right in Kenya


2018 ◽  
Vol 71 (1) ◽  
pp. 195-211
Author(s):  
Manjola Zaçellari ◽  
Heliona Miço ◽  
Irina Sinitsa

AbstractThis article is devoted to the analysis of the situation regarding the education of Roma children in Albania and Belarus, evidencing the similarities and differences in legislation and policies in both countries, aiming at highlighting the best practices for each state. The study also analyses whether there is any real approach for inclu­sive education, despite the legislation in force in both countries, as well as evaluating the next steps to be followed for achieving inclusive education for Roma children, whether as part of a minority group or not. Inclusive education is the main focus of those European policies and legislation that guarantees the right to education to everyone. Vulnerability and marginalization are present in all countries. Even the more developed societies have categories of their population that are defined as vulnerable or marginalized. They may not suffer from poverty, but other factors, such as disability or linguistic/ethnic particularities can be sources of marginalization and underachievement. Every human being is different. Because of this diversity, the law should find ways of treating everybody as equal, and with the same access to education and to every other human right. One of the main causes of discrimination and lack of access to education is being a member of a minority group, especially those ones which are not fully recognised as national minorities, such as the Roma. After the fall of communism in Albania, the transitional period towards a democratic system affected the right to education for Roma children, making them suffer from a lack of access to education. The same is reflected in Belarus, where the right to education for Roma children is more protected by non-governmental organizations rather than the state. Treating Roma children with equal access to education will not only help this marginalized group, but also the whole of society by accepting the differences as a normal phenomenon.


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