THE RIGHT TO EDUCATION IN OCCUPIED TERRITORIES: MAKING MORE ROOM FOR HUMAN RIGHTS IN OCCUPATION LAW

2004 ◽  
Vol 7 ◽  
pp. 233-277 ◽  
Author(s):  
Jonathan Thompson Horowitz
Keyword(s):  
Human Rights ◽  
Right To Education ◽  
Occupied Territories ◽  
The Right

Human Rights, Positive Obligations, and Armed Conflict: Implementing the Right to Education in Occupied Territories

2010 ◽  
Vol 1 (2) ◽  
pp. 304-328 ◽  
Author(s):  
Jonathan Horowitz
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Right To Education ◽  
International Court Of Justice ◽  
International Court ◽  
Occupied Territories ◽  
The Right

AbstractIn three cases, the International Court of Justice (ICJ) has held that States must apply their human rights treaty obligations extraterritorially during times of occupation. International human rights law and international humanitarian law (IHL), under which occupation law exists, were not constructed in formal consultation with one another. But their ability to co-exist is logical enough, with human rights law emerging from, and IHL expanding after, World War II with the similar aim of committing governments to protect the most basic notions of humanity. Tensions between the two regimes do, however, exist. Occupation law largely works to restrict Occupying Powers from tampering with the laws and institutions of the occupied territory, whereas significant portions of human rights law press States to amend or change laws and develop infrastructure to accommodate the welfare of the population under their control. With a focus on the positive human rights obligations contained within the right to education, this article looks at the compatibility of these two regimes, points out tensions, and proposes ways for easing their co-existence.

scholarly journals The Role of Open and Distance Learning in the Implementation of the Right to Education in Zambia

2008 ◽  
Vol 9 (1) ◽  
Author(s):  
Richard Siaciwena ◽  
Foster Lubinda
Keyword(s):  
Human Rights ◽  
Distance Learning ◽  
Right To Education ◽  
Youth Policy ◽  
Child Rights ◽  
Rights Of The Child ◽  
Child Policy ◽  
Open And Distance Learning ◽  
The Right

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.

The Implications of TRIPs ’ Criminal Provisions on Copyright Exception for Education in Ethiopia: A Critical Approach from a Human Rights Perspective

2021 ◽  
Vol 29 (2) ◽  
pp. 263-287
Author(s):  
Sileshi B. Hirko
Keyword(s):  
Human Rights ◽  
Tertiary Education ◽  
Developed Countries ◽  
Critical Approach ◽  
Right To Education ◽  
Learning Materials ◽  
Criminal Sanctions ◽  
Copyright Exception ◽  
Limitations And Exceptions ◽  
The Right

It is undisputed that education is instrumental both for socio-economic development and the enjoyment of other fundamental human rights. In particular, a tertiary education is very critical for less developed countries (LDCs) such as Ethiopia where education is considered a vital tool for sustainable development. Nonetheless, a quality tertiary education depends, inter alia, upon sufficient access to most copyrighted learning materials through a balanced copyright system with adequate room for flexibility. In fact, the tension between copyright protection and the right to education is integral to the global debate between intellectual property and human rights regimes. Despite its compelling socio-economic needs and its human rights obligation that dictate a broader room for flexibility, Ethiopia has adopted a very restrictive copyright system with a narrow set of limitations and exceptions (L&Es) for education. Further, both its copyright and criminal laws prescribe severe criminal sanctions for any act of copyright infringement. In so doing, Ethiopia has taken a legislative approach that exacerbates the problems related to both TRIPs’ implementation and access to learning materials. In the absence of a concrete step to rethink the approach, the effective utilisation of the constrained exception for education will be further undermined by TRIPs’ criminal enforcement in disregard of the socio-economic contexts of the country.

Right to Education in Mother Language

2021 ◽  
pp. 223-241
Author(s):  
Nima Norouzi ◽  
Hussein Movahedian
Keyword(s):  
Human Rights ◽  
Mother Tongue ◽  
The Other ◽  
Right To Education ◽  
International Human Rights ◽  
Linguistic Rights ◽  
Government Institutions ◽  
International Human ◽  
The One ◽  
The Right

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.

21. The Right to Education

2017 ◽  
Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Andclare Ovey
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Right To Education ◽  
Religious Symbols ◽  
The Right

This chapter examines the protection of the right to education in the European Convention on Human Rights (ECHR), discusses the provisions of Article 2 of the Protocol 1, and highlights the Strasbourg Court’s recognition of the connection of the right to education with the rights protected by Articles 8 to 10 of the Convention. It examines the developments concerning parents’ philosophical convictions and issues concerning religious symbols in the classroom.

scholarly journals Prisoners' right to education: A philosophical survey

2014 ◽  
Author(s):  
John Vorhaus
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Point Of View ◽  
Respect For Persons ◽  
Human Right ◽  
Right To Education ◽  
The Face ◽  
The Right ◽  
International Conventions ◽  
And Training

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.

Intellectual-Human Rights Defenders and Claims for Academic Freedom under Human Rights Law

2014 ◽  
Vol 3 (2) ◽  
pp. 209-247 ◽  
Author(s):  
Robert Quinn ◽  
Jesse Levine
Keyword(s):  
Human Rights ◽  
Academic Freedom ◽  
Human Rights Law ◽  
Right To Education ◽  
The Right

Human rights claims arising out of attacks on intellectual-human rights defenders (hrds), if brought, typically do not include claims for violations of academic freedom. As a result the standards are underdeveloped relative to other human rights claims and the scope of academic freedom violations globally. This may be in part due to a negatively reinforcing lack of familiarity with issues of academic freedom and the available standards for protection among human rights advocates, and in part to the fact that attacks on academic freedom often manifest as violations of other rights under which claims are brought (e.g. wrongful detention or torture). This article argues that existing human rights law would sustain claims for violations of academic freedom as independently and interdependently derived from the rights to freedom of opinion and expression and the right to education. The article argues that including academic freedom claims in such cases has the benefit of providing an additional basis for relief while strengthening the claim for relief on a manifested violation by providing evidence of motive and intent. Including academic freedom claims also has the independent value of addressing the wider harms to the claimant-victim and society that result from attacks on intellectual expression and are not reached by relief on the manifested violation alone, including harms to a claimant-victim’s creative, intellectual or expressive work, and widespread chilling effects on creativity, teaching, publication and the free exchange of ideas in society.

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