scholarly journals Rejecting “Controversial” Issues in Education: A Case Study of Ultra-Orthodox Jewish Schools in Belgium

Religions ◽  
2020 ◽  
Vol 11 (4) ◽  
pp. 214 ◽  
Author(s):  
Leni Franken ◽  
François Levrau
Keyword(s):  
Fundamental Rights ◽  
Orthodox Jewish ◽  
Controversial Issues ◽  
Liberal Democracies ◽  
Liberal Democratic ◽  
Jewish Schools ◽  
Fundamental Rights And Freedoms ◽  
The Right ◽  
Faith Based Schools

In liberal democracies, fundamental rights and freedoms can conflict, and if they do, it is not always clear which right the state should prioritize. Should the right of parents to choose education in line with their own convictions prevail, or should the right of children to be prepared for a future life in a liberal democratic society be given more moral weight? While the former might lead to establishing and subsidizing orthodox religious schools, the latter implies “liberal”, “autonomy-facilitating” education. In order to make this tension concrete, we focus on a case study of an ultra-orthodox Jewish (Haredi) school in Flanders (Belgium), where “controversial issues” are excluded from the curriculum and where education is not fully in line with the core principles of “liberal education”. Subsequently, we explore the legal educational context in liberal democracies, with a particular focus on the freedom of religion and education. Then, we scrutinize several arguments for or against ultra-orthodox faith-based schools. We conclude that there are no convincing arguments for state support for these kinds of schools and that the recent Flemish policy of homeschooling might be a reasonable alternative, wherein a balance is found between children’s rights and parental rights.

scholarly journals The Nexus between Fundamental Rights and Necessities of Life: A Case Study of Pakistan

2021 ◽  
Vol VI (I) ◽  
pp. 9-16
Author(s):  
Naseem Razi ◽  
Rashida Zahoor ◽  
Ghulam Abbas
Keyword(s):  
Fundamental Rights ◽  
Clean Water ◽  
Constitutional Rights ◽  
The People ◽  
The Right

The Constitution of Pakistan 1973 protects its citizens by guaranteeing some fundamental rights. It is, however, a matter of great concern that these rights do not cover the "right to access the necessities of life like access to clean water, food, clothing, shelter, and medicine etc". It, thus, leads imperfection of the constitutional rights. Therefore, this study aims to highlight this gap by evaluating the constitutional fundamental rights in the light of the necessities of life. This study concludes that lack of access to the necessities of life has made the people least concern towards the national issues and development of the country. Hence, this paper recommends filling up this gap and to incorporate the "right to access to the necessities of life" in the Constitution 1973.

HIGHER EDUCATION FOR HAREDIM IN ISRAEL

2019 ◽  
Vol 34 (3) ◽  
pp. 273-283
Author(s):  
Tova Hartman ◽  
Chaim Zicherman
Keyword(s):  
Higher Education ◽  
Charles Taylor ◽  
Gender Segregation ◽  
Liberal Democracies ◽  
Liberal Democratic ◽  
Adequate Education ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Intense Debate

AbstractOver the past two decades a number of Israeli institutions of higher education have opened gender-segregated programs for the ultra-Orthodox, or haredim. The growth of these programs has generated an intense debate in Israel, reflected throughout Israeli media and in several appeals to Israel's Supreme Court. The issues raised concerning gender-segregated higher education reflect an overarching inquiry that is of great interest to multicultural theoreticians: the relationship of liberal democracies to their illiberal minorities. Multicultural theoreticians agree that healthy democracies must tolerate some illiberal practices while acknowledging that not every illiberal practice can be tolerated. In the case at hand, the essay addresses the question: can a liberal democracy tolerate gender-segregated higher education? Using work by Charles Taylor, Michael Walzer, Kwame Anthony Appiah, John Inazu, and others, the essay reviews the arguments for and against gender segregation in higher education for Israeli haredim. The essay explores the limits of toleration of illiberal cultures within liberal democratic societies and finds crucial the right to exit such a culture—a right whose viability is dependent upon adequate education. The essay concludes by discussing the multiculturalism organization development model and what has been termed the manyness and messiness of multiculturalism.

The Relation between the Charter's Fundamental Rights and the Unwritten General Principles of EU Law: Good Administration as the Test Case

2013 ◽  
Vol 9 (1) ◽  
pp. 73-101 ◽  
Author(s):  
Herwig C.H. Hofmann ◽  
C. Mihaescu
Keyword(s):  
Legal System ◽  
Fundamental Rights ◽  
Test Case ◽  
Eu Law ◽  
Multiple Sources ◽  
Charter Of Fundamental Rights ◽  
Right To Good Administration ◽  
The Right ◽  
The Eu

Charter of Fundamental Rights of the EU – Multiple sources of fundamental rights in the EU legal system – Non-hierarchical, pluralistic understanding of their interrelationship – Case study: the right to good administration – Difficulties in defining the scope of the right to good administration under the Charter and that of the right to good administration as a general principle of EU law – Adoption of a pluralistic understanding of the EU fundamental rights’ sources allows for a clarification and improved understanding of the individual's rights in the EU legal system

scholarly journals The sense of the right to religious freedom in liberal democracies between accommodation and laicization. A study of the North American and Brazilian cases

2021 ◽  
Author(s):  
André Leonardo Copetti Santos ◽  
Doglas Cesar Lucas
Keyword(s):  
Religious Freedom ◽  
Fundamental Rights ◽  
Judicial Decision ◽  
Liberal Democracies ◽  
State Legislation ◽  
Judicial Decisions ◽  
The North ◽  
Original Sense ◽  
The Right ◽  
Initial Results

AbstractThis work intends to investigate the different conceptions—accommodation and laicization—that underlie processes of legislative regulation and judicial decision in matters of conflicts involving the right to religious freedom, in the legal systems of North America and Brazil. We will also investigate the potential for harmonization of legal in conflicts with other fundamental rights. The objective here is to build possibilities in order to establish a synthesis meaning for the right of religious freedom, in accordance with the democratic constitutional models of law to begin with, the recent modulations which allowed the fundamental right to religious freedom, especially from the edition of some US federal and state legislation, as well as from a set of decisions taken by Brazilian courts. As a corollary of these modulations, the article intends to assess the consequences that these new laws and judicial decisions caused in the legal system, through social andinstitutional democratic practices related to any fundamental rights. We used the dialectical method, since the idea and the foundation of the right to religious freedom follow a three-stage approach: thesis (religious freedom in its original sense and secularized conception), antithesis (right to religious freedom as a possibility to act in the exercise of belief, by claiming accommodation with other rights), and synthesis (the perspective to elaborate a proper sense to liberal democracies). Initial results indicate that both models based on secularization and accommodation can generate democratic and undemocratic meanings to the right of religious freedom; both models can either harmonize conflicting rights or escalate social antagonisms.

scholarly journals ON THE QUESTION OF PERSONAL NON-PROPERTY RIGHTS UNDER CONDITIONS OF QUARANTINE MEASURES TO PREVENT THE DISTRIBUTION OF COVID-19 ON THE TERRITORY OF UKRAINE

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Inna Horislavska ◽  
◽  
Anastasiia Androshchuk ◽  
Keyword(s):  
Property Rights ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Moral Rights ◽  
Freedom Of Movement ◽  
Judicial Practice ◽  
The Social ◽  
Legal Nature ◽  
Fundamental Rights And Freedoms ◽  
The Right

Now the world countries ran into the sharp problem of overcoming and counteraction to distribution in the whole world of COVID-19, and also application of responsibility for violation of quarantine. It is set on results research, that the personal unproperty rights for citizens were exposed to rather significant limitations, in fact normatively-legal acts in relation to responsibility for violation of quarantine and sanitary rules for prevention of COVID-19 have a row of legal contradictions. In the article on the basis of analysis of current national legislation, considerations of cases and theoretical and legal sources are investigated effective mechanisms of the legal providing of requirements of observance of sanitary rules and norms on prevention of infectious diseases in Ukraine. The problems of determination of legal nature, maintenance and realization of the personal unproperty rights open up in the conditions of introduction of quarantine events on warning of COVID-19. The article describes the concept of "the right to freedom of movement". This right was and is now more than ever one of the fundamental personal moral rights. The article examines the judicial practice of resolving cases in the context of the introduction of quarantine measures and ensuring the fundamental rights and freedoms of an individual through the introduction of technical means and risks that may arise in appropriate conditions. Proposals to eliminate the shortcomings of legal regulation in the studied area are substantiated. Human rights and freedoms, the degree of their recognition in the state and society, the level of their protection are determined by the type of its socio-economic organization, as well as the degree of social development and democratization of society. Personal non-property rights that ensure the social existence of an individual, including the right to freedom of movement, are closely related, both those that can be limited at the legislative level under certain conditions, and those that are not "subject to" such restrictions. Therefore, restrictions on the freedom of movement of an individual are possible only in cases provided by the Constitution and the Civil Code of Ukraine, other laws (but not by-laws, which are the rulings of the Cabinet of Ministers of Ukraine). And also in compliance with the principles of expediency, proportionality to goals. It is necessary to determine the participants in the emerging legal relationship, both those who "control" and those participants who are "controlled, limited".

Challenges to the Fundamental Rights and Freedoms Including Patient Rights During the COVID-19 Pandemic in Turkey

2022 ◽  
pp. 124-147
Author(s):  
Maral Törenli Çakıroğlu
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
Patient Rights ◽  
Fundamental Rights ◽  
World Health ◽  
The World ◽  
Experience Effects ◽  
Health Organization ◽  
Fundamental Rights And Freedoms ◽  
The Right

The COVID-19 virus, which first appeared in Wuhan, China in December 2019 and spread quickly to the whole world in a few months, was defined as a pandemic by the World Health Organization on 12 March 2020. This process has inevitably brought along problems in many areas, including health, education, social, economics, law, psychology, politics, and international relations. The pandemic era is a period when we appreciate more than ever how valuable our fundamental rights and freedoms are. Of these rights, the right to health and patient rights are significantly adversely impacted. This chapter will evaluate human rights, especially patient rights, mostly affected during this pandemic period in Turkey. This chapter further presents that other states are also continuing to experience effects of the pandemic. Both Turkey and other states must be prepared for the patients to properly benefit from the healthcare system in future outbreaks and pandemics. Otherwise, human and patient rights will continue to suffer.

17. Article 10: freedom of expression

2021 ◽  
pp. 360-389
Author(s):  
Howard Davis
Keyword(s):  
Hate Speech ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
European Convention ◽  
Liberal Democratic ◽  
Key Points ◽  
Liberal Democratic Society ◽  
The Right ◽  
The Impact ◽  
Domestic Law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 10, one of the fundamental rights acknowledged in a liberal, democratic society—freedom of expression. Article 10 is a qualified right which reflects the idea that there can be important and legitimate reasons as to why freedom of expression may need to be restricted in order to protect other important rights and freedoms. While the first paragraph of Article 10 establishes a general right to freedom of expression, its second paragraph identifies the only bases upon which the right can be restricted. Restriction of the freedom of expression is subject to scrutiny by the courts, and its necessity must be established by the state. In particular the chapter discusses human rights in the context of political speech and the impact of restraints on hate speech.

Balancing in the GDPR

2020 ◽  
pp. 277-330
Author(s):  
Jef Ausloos
Keyword(s):  
Iterative Process ◽  
Personal Data ◽  
Fundamental Rights ◽  
Clear Cut ◽  
Ex Post ◽  
Fundamental Rights And Freedoms ◽  
Basic Infrastructure ◽  
The Right ◽  
Data Subject ◽  
Conflicts Of Rights

This chapter takes a step back and looks at fair balancing acts induced by invoking the right to erasure. It starts with comparing balancing of fundamental rights and freedoms in the Charter with balancing in the GDPR. Indeed, it re-emphasizes how the GDPR as a whole, essentially constitutes a framework for fair balancing of rights, freedoms, and interests in the context of personal data processing. The chapter then lays out the actual blueprint for such fair balancing in the GDPR. It becomes clear how fair balancing in the GDPR is an iterative process, with ex ante and ex post balancing acts. The former need to be performed before processing initiates, and the latter refer to subsequent balances as triggered by data subject rights for example. Overall, the very nature of fair balancing does not allow for clear-cut, categorical answers to conflicts of rights, freedoms, and/or interests. Instead the GDPR should be looked at as defining the basic infrastructure for ensuring fair balancing, further to be refined by relevant stakeholders. This can notably happen through standards or certification mechanisms, guidance by authorities, and by controllers themselves.

Legal Aid Before Human Rights Treaty Monitoring Bodies

2000 ◽  
Vol 49 (2) ◽  
pp. 360-389 ◽  
Author(s):  
Andrew S. Butler
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
International Human Rights ◽  
State Compliance ◽  
International Human ◽  
Fundamental Rights And Freedoms ◽  
The Individual ◽  
The Right ◽  
Improve State ◽  
Universal Standard

The right of individuals to have recourse to international human rights bodies has been regarded as one of the most significant developments in securing respect for and the promotion of universal fundamental rights and freedoms.1 First, it ensures that individuals subjected to human rights violations have an alternative forum should the domestic judicial forums not be persuaded of the existence of rights violations, for whatever reason. Secondly, the availability of an individual's right of recourse affirms the fact that the individual is an actor cognisable by international law, and is not dependent on the intervention of other States for the safeguarding of his or her rights.2 This is particularly important, as many States are slow to engage complaint mechanisms against another State for fear of reprisal (be it in the form of economic or political sanctions, or the instigation of a complaint under the same mechanism by the other state), lack of interest, or otherwise.3 Thirdly, the existence of such fora, and the right of individual complaint from a variety of countries, are useful in developing a common universal standard of human rights observance.4 The combined result of these is that implementation of the goals set out in the international human rights instruments is facilitated because the means for their enforcement are not dependent upon international politics but rather are put in the hands of the rights holders. In turn, such machinery should improve State compliance.5

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