scholarly journals Challenges to the Educational “Digital Divide” in Spanish Prisons

Author(s):  
Manuel Lázaro Pulido

AbstractEducation within prisons is one of the most complex scenarios in the field of education in Spain. Education is conceived in spatial and temporal coordinates that are totally alien to life in prison and often clash with economic or security and order-related contraindications that frustrate the right to education in the twenty-first century. This is an education that cannot be unconnected with digital competition, and one of its aims is to eliminate the “digital divide”. On the one hand, it has been analysed by the Spanish and European authorities that there is a need for education to respond to the challenges of today’s society, which is characterised by having moved from the analogue era to the digital era. This digital drive is designed to limit social differences. On the other hand, Spanish prison legislation guarantees the right to education, but without forgetting the special circumstances limiting rights in prisons. In Spain, the 1996 regulation does not seem to be able to respond to the existing difficulties, since its wording has become obsolete on this point. In this regard, the Council of Europe recalled different aspects which lead us to question how the right to comprehensive education should be skilfully combined with that of the restrictions specific to the prison environment. The study of these two aspects leads to the conclusion that it is a difficult challenge. The administration must therefore seek a fair balance between the public policy objectives pursued and respect for the rights of persons deprived of their liberty.

Author(s):  
Dirk Voorhoof

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.


Author(s):  
Harius Eko saputra

Almost every day, in various mass media, especially in newspapers, it is found that there are so many complaints and unsatisfactory opinions from the community, as the customer, towards the current implementation of public service. These complaints and unsatisfactory opinions can describe how bad the quality of the current public service is, which is benefited by the community. It may be the right time for the community to be treated as citizens, who will have rights and give priority to their rights for being served afterwards. They are not anymore being considered as clients who previously have no any choice in choosing and in determining what kind of service that they really want to. There are so many results from research, seminar and writings that are conducted by experts in which their works talk about the implementation of a good and qualified public service. Currently, however, the qualified public service has not yet implemented as should have been. The implementation of public service still acts as however it please to be and only emphasize on its own interest without considering the consumer’s importance as the party that should really be served as well as possible. For this reason, a research, which is done in Service Integrated Unit of the Jember Regency, tries to find out any factors affecting quality of the public services. The main core of the public service implementation is the quality of norm of the service executor. The matter that should be realized is that the executor is the person who should serve for the community, and the community is the one who should be served as well as possible.Keywords: Implementation of public service, legislatif


Author(s):  
Nima Norouzi ◽  
Hussein Movahedian

The right to use one's mother language is affected by examining the nature of this right in the international human rights system. Speaking of linguistic rights requires examining this right in the context of general human rights and the rights of minorities. On the one hand, the right to use one's mother tongue is rooted in the “right to be different,” which itself is inspired by human dignity, and, on the other hand, because the linguistic rights of the majority are better guaranteed than the linguistic rights of the minority. This chapter examines the right to use one's mother tongue in the minority system; therefore, language rights can be divided into two approaches based on tolerance, which prohibits any interference with the choice of language and its use by governments, as well as an extension-based approach that seeks to protect the right to use language in various fields such as education, court, public arena, and government institutions.


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.


2019 ◽  
Vol 3 (2-3) ◽  
pp. 5
Author(s):  
James LaRue

Intellectual freedom—the idea that all people have the right to express themselves freely and access the expressions of others—is a core value of librarianship. But every value, every institution, must go through a kind of rediscovery with each generation. This “re-valuing” is necessary and right. Do our institutions serve us, or are we forced to serve them? Do we practice what we say we believe? An example of this re-evaluative process concerns the promise, the vision, of the Declaration of Independence. Jefferson wrote, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” But that clear statement of “self-evident truths” was on the one hand immediately contradicted by the explicit endorsement of slavery (3/5ths of a human being), and by the denial of a vote to women. Nonetheless, the underlying idea was so powerful and compelling that subsequent generations returned to it again and again, edging closer to the original vision.I believe that intellectual freedom is under such a review by librarians now. I believe, too, that the value remains an abiding and powerful call to service.In this article I will present three snapshots from my own intellectual freedom journey. Each has a context in time that may lend depth of understanding to today’s challenges. Perhaps, too, it will point the way to a new place for intellectual freedom in our work.


2020 ◽  
Vol 9 ◽  
Author(s):  
Syifa Ayyada Jannati ◽  
Dani Ramadhan ◽  
Cindy Nadya Dewi Pertiwi

<p><em>Cities with various activities have a rapid change in every part of them. This change slowly began to threaten the value of local wisdom in society. It getting worst by globalization that will change the value of society and make them individualistic in this digital era. The revitalization for original culture through make a tourist village that will be the place for development local wisdom which is getting fade between village society in this globalization era is the right thought to solve this problem. The one of tourist village that elevate local wisdom is Kandri Tourist Village. Qualitative method has been selected by researchers to get data through interview an obsevation in research location. Social capital theory used by researches is the theory that was coined by Putnam</em><em>.</em><em> The goal of this research to give the knowledge to reader that tourist village notonly empowering society, but tourist village can elevate local wisdom that left out by this generation. The result in the process to realize culture revitalization and empowering other, have the different caracter is must that is local wisdom and have a leader as the developer to develop Kandri  tourist village.</em><em></em></p><p><strong> </strong></p><p><strong><em>Keywords:</em></strong><strong> <em>Tourist Village, Local Wisdom, Social Capital.   </em></strong><strong><em></em></strong></p><p><strong><em> </em></strong></p><p><strong>Abstrak</strong></p><p>Kota dengan berbagai hiruk pikuk yang ada di dalamnya mengalami perubahan pesat. Perkembangan ini secara perlahan mulai mengancam nilai kearifan lokal yang ada di masyarakat. Kondisi seperti ini diperparah dengan munculnya serbuan globalisasi yang semakin hari mulai mengubah tatanan masyarakat yang lebih individualis di era digital seperti sekarang ini. Dalam upaya untuk merevitalisasi budaya luhur yang telah ada, salah satu cara yang tepat dengan menggunakan desa wisata sebagai wadah guna merevitalisasi kearifan yang mulai luntur di masyarakat. Salah satu desa wisata yang mengangkat kearifan lokal yaitu Desa Wisata Kandri. Penelitian menggunakan metode kualitatif dengan pengambilan data menggunakan wawancara dan observasi. Teori modal sosial yang digunakan adalah teori yang dicetuskan oleh Putnam. Tujuan penelitian ini digunakan untuk memberikan pemahaman bahwa dengan adanya Desa Wisata Kandri tidak hanya memberikan pemberdayaan tetapi ikut merevitalisasi kearifan lokal yang mulai ditinggal generasi sekarang. Hasil penelitian menunjukkan dalam mewujudkan revitalisasi budaya dan pemberdayaan harus memiliki karakter yang membedakan yaitu kearifan lokal serta memiliki pemimpin sebagai pelaksana segala wujud pengembangan Desa Wisata Kandri.</p><p> </p><p><strong>Kata kunci : Desa Wisata, Kearifan Lokal, Modal Sosial</strong><strong>.</strong><strong></strong></p>


2018 ◽  
Author(s):  
Rob Kitchin

This paper considers, following David Harvey (1973), how to produce a genuinely humanizing smart urbanism. It does so through utilising a future-orientated lens to sketch out the kinds of work required to reimagine, reframe and remake smart cities. I argue that, on the one hand, there is a need to produce an alternative ‘future present’ that shifts the anticipatory logics of smart cities to that of addressing persistent inequalities, prejudice, and discrimination, and is rooted in notions of fairness, equity, ethics and democracy. On the other hand, there is a need to disrupt the ‘present future’ of neoliberal smart urbanism, moving beyond minimal politics to enact sustained strategic, public-led interventions designed to create more-inclusive smart city initiatives. Both tactics require producing a deeply normative vision for smart cities that is rooted in ideas of citizenship, social justice, the public good, and the right to the city that needs to be developed in conjunction with citizens.


2021 ◽  
Vol 15 (3) ◽  
pp. 339-374
Author(s):  
Aleksy Goettel

The main goal of this study is to assess whether, and if so, how the tax policy is implemented in Poland in relation to informal partnerships. The justification for conducting research in this area is the growing number of such relationships and the demands formulated by the public on the principles of taxation of cohabitants. The study analyzes not only taxes on natural persons, but also the provisions governing the principles of tax liability. The research shows that while pro-family tax policy is implemented on a fairly large scale in Poland, it does not apply to cohabitants. In principle, cohabitants do not have the right to any preferential taxation rules, above all tax reliefs and exemptions. Moreover, the analysis of the research material clearly indicates that staying in cohabitation can even aggravate the situation of a cohabitant under tax law (which can be seen perfectly well on the example of a cohabitant's liability for his partner's taxes). On the basis of a critical analysis of the Polish tax law provisions, the general thesis has been formulated that the situation of cohabitants is affected by deep asymmetry, because on the one hand the legislator uses cohabitation to improve the allocation of public revenues, but on the other hand it does not include cohabitants with pro-family tax policy (although cohabitation is very similar to marriage). The study includes certain demands on the legislator, thanks to which it is possible to cover cohabitants by pro-family tax policy.


Author(s):  
César Aguado Renedo

El estudio tiene por objeto el comentario de la STC 185/2012, de 17 de octubre, que declara inconstitucional el término «favorable» como condición imprescindible del informe del Ministerio Fiscal que el legislador establecía para que el juez pudiese decretar la custodia compartida de los hijos menores por sus progenitores separados cuando estos discrepaban entre ellos sobre la misma. La inconstitucionalidad declarada es doble: porque tal regulación vulneraba el principio de reserva jurisdiccional en favor de los jueces y tribunales que dispone el art. 117.3 CE y porque lesionaba el derecho a la tutela judicial efectiva garantizado en el art. 24.1 CE. La Sentencia tiene un Voto Particular disidente suscrito por varios Magistrados, que niega tales tachas: de un lado, poniendo como ejemplos algunas determinaciones legales sobre cuya constitucionalidad no hay duda y que en consecuencia avalarían la regulación cuestionada; y, de otro y sobre todo, fundando esa juicio de conformidad constitucional del precepto cuestionado en la doctrina del propio Tribunal acerca de la noción de «densidad normativa», que ampara al legislador para regular pormenorizadamente las materias objeto de su atención. El comentario pretende demostrar que los ejemplos con los que se compara en el Voto Particular la regulación declarada inconstitucional no son equiparables a ésta y que tal doctrina constitucional sobre la «densidad normativa» no resultaba aplicable tampoco a la misma. De modo que la imposibilidad de que el juez decretase la custodia compartida de menores en caso de desacuerdo de sus progenitores sobre ella si el informe del Fiscal era contrario (o simplemente neutro o inexistente) era, en efecto, disconforme con la exclusividad jurisdiccional de los jueces y no se compadecía con la tutela judicial efectiva en juego en tales supuestos.The study is about the STC 185/2012, which asserted the unconstitutionality the «favorable» term as a prerequisite of the report of the Public Prosecutor which the legislator established so the judge could impose the joint custody of the children by their parents separated when they disagreed among themselves for that type of custody. The unconstitutionality declared is twofold: because such regulation violated the principle of jurisdictional reservation in favor of the judges and courts proclaimed in the art. 117.3 CE, and because it quite the right to effective judicial protection guaranteed in the art. 24.1 CE. The decision has a dissenting opinion signed by four judges, which denies such studs: on the one side, taking as examples some legal determinations envelope whose constitutionality is no doubt and, that consequently warrantee the questioned regulation; on the other side, and above all, founding that his trial constitutional conformity in the Court’s doctrine about the notion of «normative density», which covers the legislator to regulate detail matters. The comment aims to demonstrate that the examples that are compared in the dissenting opinion declared unconstitutional regulation are not comparable to this, and that such a constitutional doctrine about the «normative density» was not applicable either to the same. So the impossibility that the judge imposed the shared custody of children in case of disagreement of the parents about it if the report of the Prosecutor was opposite (or simply neutral or non-existent) was, indeed, non-conforming with the jurisdictional exclusivity of the judges and violated the right to effective judicial protection at stake in such cases


2020 ◽  
Vol 20 (2) ◽  
pp. 333-360
Author(s):  
Jonathan Collinson

Abstract This article rationalises the case law of the European Court of Human Rights under Article 8 of the European Convention on Human Rights in deportation cases involving children. The Court engages in a balancing exercise between the right to family life of the deportee’s family on the one side, and the public interest in deportation on the other. This article expands on existing case law analysis by suggesting that in deportation cases, the Court considers Article 8 as a form of commonly held right, rather than an individual right held by one member of the family. Furthermore, the balance is argued to be constructed as a relationship between two factors on both sides, rather than of a sole factor on either side as being determinative. This article concludes that the best interests of the child (one of the ‘Üner criteria’) is not adequately reflected in the Court’s deportation decision-making practice.


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