El derecho a la educación en situaciones de conflicto armado: de las manifestaciones e impactos de la violencia a la construcción de la paz = The right to education in armed conflict situations: from manifestations and impacts of violence to peacebuilding

2016 ◽  
Vol 0 (24) ◽  
Author(s):  
Johanna Ospina
Keyword(s):  
Armed Conflict ◽  
Right To Education ◽  
La Paz ◽  
Conflict Situations ◽  
The Right

National security and the right to liberty in armed conflict: The legality and limits of security detention in international humanitarian law

2016 ◽  
Vol 98 (903) ◽  
pp. 961-993
Author(s):  
Zelalem Mogessie Teferra
Keyword(s):  
National Security ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Periodic Review ◽  
Human Rights Law ◽  
Conflict Situations ◽  
The Right

AbstractThis paper examines the legality and limits of security detention in armed conflict situations. It particularly investigates the issues of whether the protection of national security is a legitimate ground to restrict the right to liberty of persons in situations of international or non-international armed conflict, and if so, what are the limits to a State's prerogative to restrict the right to liberty of individuals suspected of threatening its national security. On the basis of a thorough analysis of the relevant extant rules of international law regulating warfare, the paper concludes that security detention is permissible in armed conflict situations regardless of whether the nature of the conflict is international or non-international. However, the prerogative of a State to impose security detention is circumscribed by a plethora of fundamental substantive and procedural safeguards against arbitrariness that are provided in the different rules of international humanitarian law and international human rights law. These safeguards affirm that the search for absolute security is neither desirable nor attainable and that the mere invocation of security concerns does not grant an absolute power to restrict or suspend the liberty of individuals in armed conflict situations. Whenever it is imposed, security detention should be preventive in nature, and must aim at safeguarding the basic national security interests of a State from serious, future, direct and imminent threats related to the armed conflict situation. Detainees should also be able to challenge its legality before a competent organ at the initial or later stage of the detention through a system of periodic review.

The Red Cross as transnational movement: conserving and changing the nation-state system

1976 ◽  
Vol 30 (4) ◽  
pp. 607-630 ◽  
Author(s):  
David P. Forsythe
Keyword(s):  
Armed Conflict ◽  
International Committee ◽  
State System ◽  
Red Cross ◽  
Nation State ◽  
Limit States ◽  
State Behavior ◽  
Conflict Situations ◽  
The One ◽  
The Right

The Red Cross, a transnational movement, has taken action in conflict situations that both conserves the authority of states and also circumscribes state behavior in the name of fundamental human rights. On the one hand, the Red Cross, principally through the International Committee of the Red Cross (ICRC), is cooperative toward states and acts discreetly in matters regarded by states as sensitive. On the other hand, the Red Cross has promoted the law of armed conflict to limit states and has accepted quasi-supranational authority in international armed conflict in the form of the right of automatic ICRC access to certain detainees. On the basis of this right, or sometimes on the basis of bypassing legal issues, the ICRC is able to transcend the “sovereignty” of states (and non-state parties as well). While the Red Cross movement is highly fragmented and encompasses a number of non-cosmopolitan elements, the historical impact of the movement has been to help liberalize the nation-state system, largely through the actions of the ICRC, while reinforcing fundamental authority within that system.

scholarly journals Universal and regional mechanisms for the protection of human rights

2018 ◽  
Vol 29 (5) ◽  
pp. 23-32
Author(s):  
M. Dei ◽  
I. Pushchyk ◽  
I. Kudra ◽  
A. Polyatsko ◽  
D. Bidiuk
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Educational Needs ◽  
Labor Rights ◽  
Special Educational Needs ◽  
Right To Education ◽  
Protection Mechanisms ◽  
Protection Of Human Rights ◽  
The Right ◽  
The Impact

The article reveals the question of the universal and regional protection mechanisms of human rights aspects of the fight against slavery, protect the rights of children in situations of armed conflict, ensuring the right to education of children with special educational needs and protection of the right to work of women. The purpose of this article is to carry out a comprehensive analysis of mechanisms for the right regulation of protection and guarantees of labor rights of women, violation of human rights in the aspects of the slave trade, protection of the rights of children in conditions of armed conflict, the provision of the right of people with special educational needs and the impact on the development of Ukrainian legislation.

Intervención de la fuerza pública en el proceso de restitución de tierras de las víctimas del conflicto armado

2016 ◽  
Vol 8 (13) ◽  
pp. 108-129
Author(s):  
Didima Rico Chavarro
Keyword(s):  
Transitional Justice ◽  
Armed Conflict ◽  
La Paz ◽  
Security Forces ◽  
The Law ◽  
Peace Accords ◽  
The Right ◽  
Land Restitution

En este artículo se identifica a la fuerza pública como ac- tor del conflicto armado colombiano, y se cuestiona su intervención como parte determinante en la focalización de los predios a restituir y las consecuencias para el desa- rrollo de los acuerdos de Paz de La Habana. El significado y alcance de la restitución de tierras a las víctimas del conflicto armado encuentra fundamento en el desarrollo del derecho a la paz, en el marco de la justicia transicional, los avances jurisprudenciales y los propósi- tos de la ley que prioriza la seguridad para la restitución de las tierras.In this article the security forces acting conflict, a situa- tion that challenges his intervention as a key part of the decision to focus on the land to restore and consequences for the development of the Peace Accords Havana is iden- tified. The meaning and scope of the restitution of land to vic- tims of armed conflict, is based on the development of the right to peace as part of transitional justice, the juris- prudential advances and purposes of the law that priori- tizes safety for land restitution. 

scholarly journals The right to education of the refugee girl affected by armed conflict in Kenya: insights from the jurisprudence of the African Committee of Experts on the Rights and Welfare of the Child

2021 ◽  
Vol 25 (spe) ◽  
pp. 1-27
Author(s):  
Robert Doya Nanima
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Human Rights Violations ◽  
Sexual Offences ◽  
Right To Education ◽  
Girl Child ◽  
Economic Rights ◽  
Refugee Child ◽  
Welfare Of The Child ◽  
The Right

The African Charter on the Rights and Welfare of the Child provides for the protection of children in all environments. Areas that have experienced armed conflict have made the child susceptible to human rights violations including violence through sexual offences and violation of civil and political as well as socio-economic rights. An evaluation of all human rights violations cannot be done comprehensively. This article takes a thematic turn and evaluates the aspects of the right to education of the refugee girl child. It sets the tone by reflecting on the normative framework of the right to education of the refugee child at the international, regional and national levels. This is followed by a discussion of the violation of this right in situations of conflict and host States like Kenya. Drawing on the jurisprudence of the African Committee on the Rights and Welfare of the Child, insights on the improvement of the enjoyment of this right are engaged. A conclusion and recommendations follow.

OMBUDSMEN AS NATIONAL INSTITUTION FOR PROTECTION OF THE RIGHT TO EDUCATION IN UKRAINE

2018 ◽  
Vol 1 ◽  
pp. 394-404
Author(s):  
Olga Melnychuk ◽  
Maksym Melnychuk
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Scientific Literature ◽  
Judicial System ◽  
Annual Reports ◽  
Human Right ◽  
Right To Education ◽  
Rights Of The Child ◽  
The Right

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.

ACCESS TO EDUCATION WITH ONLINE LEARNING AND OPEN EDUCATIONAL RESOURCES: CAN THEY CLOSE THE GAP?

2008 ◽  
Vol 12 (1) ◽  
Author(s):  
Christine Geith ◽  
Karen Vignare
Keyword(s):  
Online Learning ◽  
Global Education ◽  
Open Educational Resources ◽  
Educational Resources ◽  
Access To Education ◽  
Human Beings ◽  
Right To Education ◽  
Education Gap ◽  
The Right ◽  
Compare And Contrast

One of the key concepts in the right to education is access: access to the means to fully develop as human beings as well as access to the means to gain skills, knowledge and credentials. This is an important perspective through which to examine the solutions to access enabled by Open Educational Resources (OER) and online learning. The authors compare and contrast OER and online learning and their potential for addressing human rights “to” and “in” education. The authors examine OER and online learning growth and financial sustainability and discuss potential scenarios to address the global education gap.

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