Exploring the Normative Content of the Right to Education As a Human Right: Recent Approaches*
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Btcagz J. A. Lagos, Parental Education Rights in the United States And
PONTIFICIA UNIVERSITAS SANCTÆ CRUCIS FACULTAS IURIS CANONICI Julio Alberto Lagos PARENTAL EDUCATION RIGHTS IN THE UNITED STATES AND CANADA: HOMESCHOOLING AND ITS LEGAL PROTECTION Doctoral Thesis in Canon Law directed by: José Tomás Martín de Agar ROMÆ 2011 btcagz btcagz TABLE OF CONTENTS TABLE OF CONTENTS .............................................................. I INTRODUCTION ...................................................................... 1 CHAPTER I. THE BASIS OF PARENTAL EDUCATION RIGHTS .......... 9 1. International Human Rights Instruments ............. 10 Introduction .....................................................................................10 1.1. Universal Declaration of Human Rights ................................. 14 1.2. American Convention on Human Rights ................................ 16 1.3. International Covenant on Civil and Political Rights ............. 17 1.4. International Covenant on Economic, Social and Cultural Rights ......................................................................... 19 1.5. Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief ........................................................................................ 24 1.6. Convention on the Rights of the Child ................................... 25 Conclusions ..................................................................................... 26 2. Magisterial Documents and the Code of Canon Law of 1983 ......................................................... -
The Right to Education in the United States: Beyond the Limits of the Lore and Lure of Law Roger J.R
Annual Survey of International & Comparative Law Volume 4 | Issue 1 Article 10 1997 The Right to Education in the United States: Beyond the Limits of the Lore and Lure of Law Roger J.R. Levesque Follow this and additional works at: http://digitalcommons.law.ggu.edu/annlsurvey Part of the Other Law Commons Recommended Citation Levesque, Roger J.R. (1997) "The Right to Education in the United States: Beyond the Limits of the Lore and Lure of Law," Annual Survey of International & Comparative Law: Vol. 4: Iss. 1, Article 10. Available at: http://digitalcommons.law.ggu.edu/annlsurvey/vol4/iss1/10 This Article is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Annual Survey of International & Comparative Law by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. Levesque: The Right to Education THE RIGHT TO EDUCATION IN THE UNITED STATES: BEYOND THE LIMITS OF THE LORE AND LURE OF LAW ROGER J.R. LEVESQUE· The author argues that U.S. as well as international law on educational rights needs to incorporate an important, but heretofore neglected, dimension. U.S. legislation and court decisions, as well as existing international instruments on educational rights focus chiefly on educational access and assign responsibility and authority over educational content and methods almost exclusively to the state and parents. The ideas, concerns and wishes of the young people being educated remain largely unacknowledged and disregarded. The author maintains that only to the extent our understanding of educational rights is rethought to include "youth's self determination of education for citizenship" can we expect to improve academic performance, overcome negative attitudes toward school, and adequately prepare children and youth for life in a democratic, pluralistic society and an increasingly interdependent world. -
The Need for Early Childhood Remedies in School Finance Litigation, 70 Ark
University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 2017 Why Kindergarten is Too Late: The eedN for Early Childhood Remedies in School Finance Litigation Kevin Woodson University of Richmond, [email protected] Follow this and additional works at: https://scholarship.richmond.edu/law-faculty-publications Part of the Education Law Commons Recommended Citation Kevin Woodson, Why Kindergarten is Too Late: The Need for Early Childhood Remedies in School Finance Litigation, 70 Ark. L. Rev. 87 (2017). This Article is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. Why Kindergarten Is Too Late: The Need for Early Childhood Remedies in School Finance Litigation Kevin Woodson- I. INTRODUCTION In 2006, Jim Ryan, then a law professor, now dean of Harvard University's School of Education, published A ConstitutionalRight to Preschool,' a seminal article that argued that courts should require states to fund public preschools as a means of abiding by their constitutional obligations to provide all children adequate educational opportunities.2 Though very few courts have ever imposed such a requirement,3 and all but one of these rulings have been eliminated on appeal,' Ryan noted the political popularity of universal preschool and a growing trend among states to provide free pre-kindergarten as grounds for optimism that courts might be more open to ordering preschool remedies in future litigation.' . Associate Professor, Drexel University, Thomas R. -
India's Agendas on Women's Education
University of St. Thomas, Minnesota UST Research Online Education Doctoral Dissertations in Leadership School of Education 8-2016 The olitP icized Indian Woman: India’s Agendas on Women’s Education Sabeena Mathayas University of St. Thomas, Minnesota, [email protected] Follow this and additional works at: https://ir.stthomas.edu/caps_ed_lead_docdiss Part of the Education Commons Recommended Citation Mathayas, Sabeena, "The oP liticized Indian Woman: India’s Agendas on Women’s Education" (2016). Education Doctoral Dissertations in Leadership. 81. https://ir.stthomas.edu/caps_ed_lead_docdiss/81 This Dissertation is brought to you for free and open access by the School of Education at UST Research Online. It has been accepted for inclusion in Education Doctoral Dissertations in Leadership by an authorized administrator of UST Research Online. For more information, please contact [email protected]. The Politicized Indian Woman: India’s Agendas on Women’s Education A DISSERTATION SUBMITTED TO THE FACULTY OF THE COLLEGE OF EDUCATION, LEADERSHIP, AND COUNSELING OF THE UNIVERSITY OF ST. THOMAS by Sabeena Mathayas IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF EDUCATION Minneapolis, Minnesota August 2016 UNIVERSITY OF ST. THOMAS The Politicized Indian Woman: India’s Agendas on Women’s Education We certify that we have read this dissertation and approved it as adequate in scope and quality. We have found that it is complete and satisfactory in all respects, and that any and all revisions required by the final examining committee have been made. Dissertation Committee i The word ‘invasion’ worries the nation. The 106-year-old freedom fighter Gopikrishna-babu says, Eh, is the English coming to take India again by invading it, eh? – Now from the entire country, Indian intellectuals not knowing a single Indian language meet in a closed seminar in the capital city and make the following wise decision known. -
Perceptions of Prospective Pre-School Teachers Regarding Children’S Right to Participate in Classroom Activities*
KURAM VE UYGULAMADA EĞİTİM BİLİMLERİ EDUCATIONAL SCIENCES: THEORY & PRACTICE Received: October 20, 2015 Revision received: August 3, 2016 Copyright © 2017 EDAM Accepted: January 17, 2017 www.estp.com.tr OnlineFirst: April 25, 2017 DOI 10.12738/estp.2017.3.0325 June 2017 17(3) 1035–1059 Research Article Perceptions of Prospective Pre-school Teachers Regarding Children’s Right to Participate in Classroom Activities* Nihan Koran1 Neslihan Avcı2 Cyprus International University Gazi University Abstract This study investigates the behaviours of pre-school teachers working with children aged between 4 and 6 years with regard to their right to participate in classroom activities. In this context, pre-school teacher’s negative or positive applications regarding children’s participation rights were revealed. Furthermore, pre- school teachers’ aplications were evaluated with regard to requirements of participation. The data of 15 pre-school teachers observed in the ‘school experience’ course were obtained from the files of prospective teachers. Further, 64 hours of observations for each teacher were recorded by two prospective teachers during eight weeks. The data reflecting teachers’ behaviours in the educational environment were analysed using descriptive analysis techniques. Results of the research suggested 144 positive and 505 negative cases for 15 teachers in terms of these requirements. It was observed that some teachers consider child-centered and democratic behaviours and children’s wishes and opinions and take decisions accordingly. Furthermore, teachers showed negative behaviours predominantly in terms of requirements for participation. Keywords Child participation in education • Participation rights of the child • Requirement of participation • Pre-school teachers * This study is derived from the master’s thesis conducted by Nihan Koran at the Department of Educational Sciences of Girne American University under the supervision of Assoc. -
The Myth of Right to Education
IOSR Journal Of Humanities And Social Science (IOSR-JHSS) Volume 19, Issue 12, Ver. I (Dec. 2014), PP 37-41 e-ISSN: 2279-0837, p-ISSN: 2279-0845. www.iosrjournals.org The Myth of Right to Education Dr. Pranita Choudhury Asstt. Prof, University Law College Gauhati University, Guwahati 781014 I. Introduction Education is a fundamental human right which is essential for the empowerment and development of an individual and the society as a whole. It is important for the exercise of all other human rights. It strengthens personal integrity and shapes the society in which we live. Education makes man civilized by making mankind literate in ethics and moral values. If we have a well nurtured and balanced education system, then half the task of the country‟s development is done. It promotes individual freedom and empowerment and yields important development and progress in the society. It is also an important instrument to reduce poverty. Education supports a person‟s ability to access important information. But when there is no freedom of information regarding educational opportunities, the entire project of obtaining information is jeopardized. Lack of information can bar the economically disadvantaged from opportunities including educational facilities like various types of educational facilities, reservations- disabled quota and others. Many a times we see university seats go empty. This is not because of lack of opportunities but due to lack of awareness among the people and lack of transparency. Children‟s education in the middle and lower sections of society are discontinued due to inaccessible information. India despite being a signatory to numerous conventions and international declarations involving children‟s rights, funds obtained are not utilized mainly due to lack of awareness and lack of transparency. -
BCES Conference Books, 2018, Volume 16
Education in Modern Society 177 BCES Conference Books, 2018, Volume 16. Sofia: Bulgarian Comparative Education Society ISSN 1314-4693 (print), ISSN 2534-8426 (online), ISBN 978-619-7326-02-4 (print), ISBN 978-619-7326-03-1 (online) Zoltán Rónay Centralizations and Autonomies: The Delimitation of Education by the Hungarian Government Abstract Hungary is on the road towards an illiberal state. On this journey, the Hungarian government, with the Parliament at its service, is reinterpreting the concept of fundamental rights. Under the slogan of effectiveness, new regulations are being adopted which secure more power, influence, rights, and tools for the state. This paper aims to present this trend from the perspective of education. I will present the most important new legal institutions, the chancellery, and consistory, as well as the constitutional right of the government to regulate by decree the operational and financial matters of HEIs, the central direction of schools, and the ministerial approval of pedagogical programs. Keywords: autonomy of higher education institutes, freedom of teaching, scientific freedom, self-governance, direct government control, illiberal state Introduction In spring of this year, a general election will be held in Hungary. After the previous three elections, the regulation of public and higher education was significantly modified. The oldest modifications were also related to autonomy, but the last two modifications, as well as the two new education acts (Act CCIV of 2011 on National Higher Education and Act CXC of 2011 on National Public Education), reduced the autonomy and self-governance of state educational organizations in Hungary. Most EU member states’ constitutions declare the autonomy of HEIs but do not provide as much of a constitutional framework for the operation of public education institutions. -
On Nozick Edward Feser Toronto: Thomson Wadsworth, 2004 (98 Pages)
Philosophy, History, and Methodology of Economics the antebellum South never built up any social capital—the natural and good fruit of civil society—but remained a Hobbesian world “held together by violence, coercion and force.” This is the violent world that Andrew Jackson understood and that he shared with the rest of the nation as president. When those organizations broke down, however, or were silenced by a patriarchal president, the civil space for “ritualized combat” collapsed, and real combat followed. Organizationally, McCarthy makes this point by following her chapter on Jackson with a chapter on the widespread civic unrest America experienced during and after his presidency. Her argument, again, is clear and well-substantiated: Once Americans had lost hope that their government would even listen to their peaceful protests in the vol- untary sphere—lost their faith in the American creed, in other words—they were forced to seek their ends through violent means. John Brown’s murderous rampages in Kansas and Harper’s Ferry—both of which received financial and moral support from wealthy East-Coast allies—are perfect examples of what frustrated abolitionists had to do to make their voices heard. In conclusion, McCarthy draws a distinction between what she calls “government” and “governance.” The former is the mechanism of political power that, depending on the people holding that power, may or may not respond to the interests of its citizens. The latter is a social ethos: a widespread faith that citizens can influence politics through institutions of their own making. Traditionally, scholars of American democ- racy have looked only at government and the supposedly growing power of the enfran- chised. -
Right to Education Index
Right to Education Index RTEI 2016 Questionnaire June 2016 RESULTS Educational Fund (RESULTS) is a non-profit 501(c)(3) citizens’ advocacy organization that has been creating the public and political will to end poverty by empowering individuals to exercise tHeir personal and political power for cHanGe since 1981. RESULTS focuses its advocacy efforts towards acHievinG Education for All, expandinG access to microfinance for the very poor, and addressing diseases of poverty such as tuberculosis, childHood undernutrition, and child immunizations. It works witH volunteers in more tHan 100 communities across tHe United States, coordinates campaiGns witH international affiliates in Canada, Mexico, tHe UK, Japan, Australia, and South Korea and partners with national advocacy organizations in donor and developing countries. Table of Contents 1. What is RTEI? .......................................................................... 2 3. How is the RTEI Questionnaire Structured? ......................... 3 4. How is the RTEI Questionnaire Completed? ........................ 7 5. RTEI Questionnaire Overview .............................................. 11 RTEI Questionnaire ................................................................... 16 List of Acronyms ASEAN Association of SoutHeast Asian Nations CEDAW Convention on tHe Elimination of All Forms of Discrimination aGainst Women CESCR Committee on Economic, Social, and Cultural RiGHts CRC Convention on tHe RiGHts of tHe Child CRPD Convention on tHe RiGHts of Persons witH Disabilities ESDP -
Homeschooling, Freedom of Conscience, and the School As Republican Sanctuary
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by PhilPapers Homeschooling, freedom of conscience, and the school as republican sanctuary: An analysis of arguments repre- senting polar conceptions of the secular state and reli- gious neutrality P. J. Oh Master’s Thesis in Educational Leadership Fall Term 2016 Department of Education University of Jyväskylä 2 ABSTRACT Oh, Paul. 2016. Homeschooling, freedom of conscience, and the school as re- publican sanctuary: An analysis of arguments representing polar conceptions of the secular state and religious neutrality. Master's Thesis in Educational Leadership. University of Jyväskylä. Department of Education. This paper examines how stances and understandings pertaining to whether home education is civically legitimate within liberal democratic contexts can depend on how one conceives normative roles of the secular state and the religious neutrality that is commonly associated with it. For the purposes of this paper, home education is understood as a manifestation of an educational phi- losophy ideologically based on a given conception of the good. Two polar conceptions of secularism, republican and liberal-pluralist, are ex- plored. Republican secularists declare that religious expressions do not belong in the public sphere and justify this exclusion by promoting religious neutrality as an end in itself. But liberal-pluralists claim that religious neutrality is only the means to ensure protection of freedom of conscience and religion, which are moral principles. Each conception is associated with its own stance on whether exemptions or accommodations on account of religious beliefs have special legal standing and thereby warranted. The indeterminate nature of religion and alleg- edly biased exclusion of secular beliefs, cited by some when denying religious exemptions, can be overcome by understanding all religious and conscientious beliefs as having equal standing as conceptions of the good. -
Economic and Social Council
UNITED E NATIONS Economic and Social Distr. Council GENERAL E/CN.4/Sub.2/2005/19 16 June 2005 Original: ENGLISH COMMISSION ON HUMAN RIGHTS Sub-Commission on the Promotion and Protection of Human Rights Fifty-seventh session Item 4 of the provisional agenda ECONOMIC, SOCIAL AND CULTURAL RIGHTS Non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights Preliminary report submitted by the Special Rapporteur, Marc Bossuyt Summary In its resolution 2004/5, the Sub-Commission on the Promotion and Protection of Human Rights appointed Marc Bossuyt as Special Rapporteur to undertake a study on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights, based on the working paper prepared by Emmanuel Decaux (E/CN.4/Sub.2/2004/24), on the comments received and the discussions held at the fifty-sixth session of the Sub-Commission. The present preliminary report is limited to a review of some academic writings on the nature of economic, social and cultural rights. In the academic literature, a distinction has been made between rights that require the State to abstain from certain action and those that require the State to intervene actively. The report notes that the mechanisms for implementation of these different rights and obligations are generally different. The report emphasizes that both categories of rights are equally important and urgent and that non-respect of any right has a detrimental affect on other rights. The rights contained in the International Covenant on Economic, Social and Cultural Rights, such as the right to education and freedom of education, contain elements of both sets of rights. -
Legal Protection of Pre-School Children's Right to Education Jing
Advances in Social Science, Education and Humanities Research, volume 220 3rd International Conference on Education, E-learning and Management Technology (EEMT 2018) Legal Protection of Pre-school Children’s Right to Education Jing Zhang1, Liyun Lu2 1 School of Public Affair and Law, Southwest Jiaotong University, Chengdu, Sichuan 610031, China; 2 School of Public Affair and Law, Southwest Jiaotong University, Chengdu, Sichuan 610031, China. Keywords: Preschool Children; Right to Education; Reason; Legal protection. Abstract. Pre-school children’s right of getting education is one of the basic human rights legally guaranteed by the constitution and plays an essential role for achieving successful child development as well. To comprehensively protect children’s right to education, this article focuses on the problems of legal protection of pre-school children’s right to education and deeply analyzes the causations and provides suggestions through five different aspects, such as revising legislation, increasing financial investments, improving administrative institution or educational appeal department, and establishing legal constitution lawsuit system. Pre-school children’s right to education is the basic right of pre-school children stated by the constitution and the indispensable right for children to grow up well. The article in the “Constitution of the People’s Republic of China” (2018) assigns the right of pre-school children to receive education; however, the guarantee from the constitution does not equal to solid possessions of such education rights to pre-school children. The administrative activities and judicial succors are indeed. Despite the success in our nation has about the preschool children’s right to education, we are still facing serious issues and challenges.