scholarly journals Migrações internacionais e o direito à educação: Desafios para o enfrentamento de desigualdades pelas políticas dos sistemas de ensino

2021 ◽  
Vol 29 ◽  
pp. 66
Author(s):  
Ana Lorena Bruel ◽  
Isabelle Rigoni ◽  
Maïtena Armagnague

Studies about international migrant students in primary school are increasingly frequent in the educational literature. There is a strengthening on the production of international scholarship that seek to guide the debate on international migration policies and the defense of the right to education as a fundamental human right regardless of status, citizenship, or the existence of official identity documents, a right guaranteed by the Universal Declaration of the Rights of the Child. International migration processes are multiple and heterogeneous. The origins of migration are plural, as are the forms of reception in the countries of destination or transit. In the field of educational policy, researches observe that international migrant students may go through totally different schooling processes, with very different reception and permanence policies, depending on the school, education network or country in which they are. In this heterogeneous and complex international context, we present this dossier with the aim of contributing to an expanded reflection on the educational policies compared to international migrant populations in different countries, guaranteeing a multiplicity of voices, theoretical perspectives and fields of study.

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.


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


2021 ◽  
Vol 4 (1) ◽  
pp. 70-90
Author(s):  
Vanessa Hughes

As a signatory to the UN Convention on the Rights of the Child, enshrined in national legislation, all children in the UK have the right to education. In the everyday life of schools, this human rights framework must often be balanced with other policies, such as immigration and securitisation ones. Teachers are expected to police membership boundaries and keep their students under surveillance, while delivering results in compliance with audits and league tables. Based on a thematic analysis of an ethnographic study of an English as an Additional Language (EAL) classroom in a diverse London academy, this paper argues that recently-arrived migrant students and their teachers often find themselves at the intersection of contradictory policy agendas that rarely consider the needs of the children themselves. Analysing how national and international policy discourses play out in the classroom, I argue that there is a mismatch between different policy areas, and between policy expectations and everyday practice.


Author(s):  
Olga Melnychuk ◽  
Maksym Melnychuk

Under the conditions of an armed conflict in Eastern Ukraine the level of ensuring the fundamental human right to education is being reduced. Therefore there is a need to search for additional mechanisms of the protection of the right to education, among which must be singled out such an extra-judicial human rights mobile institution as an ombudsman. All this stipulates the purpose of the article: to find out the role of the Ukrainian Parliament Commissioner for Human Rights, the Commissioner of Ukraine on the rights of the Child and the Educational Ombudsman to ensure the right to education in Ukraine. During the study, such methods as the analysis of scientific literature, normative legal acts in the field of the right to education and annual reports of the Ukrainian Parliament Commissioner for Human Rights were used. The research results of the Razumkov Center (Ukraine) regarding the attitude of citizens to the Ukrainian Parliament Commissioner for Human Rightshave been analyzed. As a resultit was discovered that the measures taken by the Ukrainian Parliament Commissioner for Human Rights and the Commissioner on the rights of the Child for the right to education are active and effective. In the society the legislative introduction of the post of educational ombudsman as an additional human rights institution in the field of education in Ukraine is positively evaluated. The conducted study shows that subsidiary, non-judicial means of protection of the right to education in Ukraine have greater authority among Ukrainian citizens than the judicial system.


Author(s):  
Richard Siaciwena ◽  
Foster Lubinda

As a member of the United Nations, Zambia is committed to the observance of human rights enshrined in the Universal Declaration of Human Rights of 1948. This is evidenced, among others, by the fact that Zambia is a signatory to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Zambia has a permanent Human Rights Commission that includes a subcommittee on child rights whose focus is on child abuse and education. Zambia also has a National Child Policy and National Youth Policy whose main objectives are to holistically address problems affecting children and youth. This paper focuses on the progress and challenges currently facing Zambia and the role of open and distance learning in addressing those challenges.


Šolsko polje ◽  
2020 ◽  
Vol XXXI (3-4) ◽  
pp. 63-79
Author(s):  
Marjan Šimenc ◽  
Zdenko Kodelja

The article presents the realization of the right to education, as set out in the Convention on the Rights of the Child, in the Republic of Slovenia. At the outset, attention is drawn to the special status of the right to education, which is not only the right of children, but also adults. Moreover, the right to education is closely linked to the realization of all other rights. This article presents a general overview of the implementation of rights according to Articles 28 and 29 of the Convention. Then it outlines the problems with the implementation of the Convention in selected areas. The main points are related to the education of Roma children, the quality of knowledge, private education. The complexity of the problem of the realization of the rights of Romani children to education has been repeatedly pointed out in international RS reports on the implementation of the Convention. It is not so obvious, however, that the quality of the knowledge received by students in schools is also an aspect that should be considered from the perspective of the Convention. This article analyses the regulation of private schools: this is the area of education in Slovenia where the biggest normative and factual change has occurred in the period after the adoption of the Convention on the Rights of the Child. The analysis shows that the arrangement is such that it satisfies the requirements set forth in the Convention.


2012 ◽  
Vol 8 (15) ◽  
Author(s):  
Tatik Mei Widari

AbstractViolation much going against the rights of children, government attention is needed in the fulfillment of Human Rights on the right to education of children in Child Penitentiary. Embodiment of the fulfillment of the right to education in Child Correctional Institution is required to support the empowerment of human resources in the future as a pillar of development and life. Article 9 paragraph (1) of Act No. 23 of 2002 states that every child has the right to obtain education and teaching in the context of personal development and level of intelligence in accordance with their interests and talents. This is one of the fundamental importance of education of children in prisons who should still be considered by all parties, both government and society itself. The substance which covers the definition of child described in various laws and regulations vary nationally and internationally by the Convention on Rights of the Child among others, every human being under the age of 18 years unless another set that applies to children determined that early adulthood is achieved. Constraints faced in fulfilling Correctional Institution Children Educate Children education Correctional rights, namely the substance of the Act, the interests and obligations related institutions, students in prisons that are not motivated, infrastructure (facilities construction), Lecturer and staff, quality program development, cooperation and coordination, funding, child welfare and community. Keywrods : student in prisont, education right


2021 ◽  
Vol 29 (3) ◽  
pp. 765-794
Author(s):  
Gerard Masdeu Yelamos ◽  
Sarah Carney ◽  
Catherine Carty ◽  
Malcom MacLachlan

Abstract The UN Convention on the Rights of the Child (crc) is the most ratified human rights treaty. In this article, three intimately connected concepts will be explored in relation to the framework of the State Party reporting mechanism related to the UN Convention on the Rights of the Child: physical education, physical activity and sport (pepas). A documentary analysis of three key document types from the Treaty Body reporting mechanisms was undertaken, including State Parties Reports (n = 104), List of Issues (n = 126) and Concerns/Observations and Recommendations (n = 797). There was a very low prevalence of the concepts of physical education, physical activity and, to a greater extent, sport, in these three reports. Seven themes emerged after the qualitative analysis: sport programmes, school-based sport, legislation and policies, key agents, interdisciplinary approach, enablers of sport and miscellaneous. Increased questioning of States with regards to their implementation of the right to sport, the issuance of pepas-based recommendations and guidance on how to achieve these rights from the Treaty Bodies would assist in solidifying understanding of sport as a human right and increase the impetus on States to act for pepas provision.


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.


Sign in / Sign up

Export Citation Format

Share Document