The Right to Education

2020 ◽  
pp. 146-188
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Religious Education ◽  
Home Schooling ◽  
Migrant Children ◽  
Sexual Education ◽  
Right To Education ◽  
Private Schooling ◽  
European Court ◽  
State Obligations ◽  
The Right ◽  
Segregated Schooling

This chapter examines the approach of the European Court of Human Rights to cases concerning children’s education, and the interaction between parental rights and state obligations in this respect. It starts by looking at the jurisprudence concerning state versus private schooling, as well as the compatibility of prohibitions on home schooling with the Convention. It then goes on to consider specialised and segregated schooling, focusing on children with disabilities, migrant children, and ethnic minorities, and in particular the treatment of Roma children. The chapter further analyses the ability of parents to object to the content of education provided by the state, in the context of education in a chosen language, sexual education, and religious education. Finally, this chapter considers how Article 2, Protocol 1 of the Convention has been applied to higher education.

scholarly journals Selected Problems of Education in Europe at the Turn of XX and XXI Century in the Case Law of European Tribunals

2019 ◽  
Vol 3 (1) ◽  
pp. 20-24
Author(s):  
Joanna Górska-Szymczak
Keyword(s):  
Member State ◽  
Religious Education ◽  
Education Institution ◽  
Case Law ◽  
Migrant Children ◽  
Educational Institutions ◽  
The European Union ◽  
European Court ◽  
Entire Society ◽  
The Right

Abstract The aim of this article is to analyze which issues, and why, influenced the systems of education at the turn of XX and XXI century to the extent that led to the need of resolving them at the level of international tribunals in Europe - the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). Within the case law of the CJEU, the analysis was based on the cases concerning the right to education of migrant children and the right of the holder of a secondary education diploma awarded in a Member State to access the higher education institution in another Member State. As far as the case law of the ECtHR is concerned, the author considers the cases dealing with the issue of wearing headscarves and displaying crucifixes in educational institutions in the context of the freedom of religion, the case with a problem of an alternative for religious education in public school and the cases on the discrimination in education. The conclusion is that the systems of education are vulnerable to challenges faced by the entire society and reflect the changes undergoing within it.

New Trends in Religious Liberty and the European Court of Human Rights

2010 ◽  
Vol 12 (3) ◽  
pp. 266-279 ◽  
Author(s):  
Ian Leigh
Keyword(s):  
Human Rights ◽  
Religious Education ◽  
Military Service ◽  
Religious Freedom ◽  
Religious Affiliation ◽  
The State ◽  
Religious Liberty ◽  
European Convention ◽  
European Court ◽  
The Right

This article analyses recent trends in the jurisprudence of the European Court of Human Rights concerned with the right to freedom of thought, belief and religion (Article 9, European Convention on Human Rights) and the right of parents to respect by the state for their religious and philosophical views in the education of their children (Article 2, Protocol 1).1 These developments include notable decisions concerned with protection from religious persecution in Georgia, with religious education in Norway and Turkey and with the display of crucifixes in state schools in Italy. It is apparent that the European Convention religious liberty jurisprudence increasingly stresses the role of the state as a neutral protector of religious freedom. For individuals religious freedom is now also recognised to include not only the right to manifest their religious belief but also freedom from having to declare their religious affiliation. As the religious liberty jurisprudence comes of age, other significant developments, for example in relation to conscientious objection to military service, can be anticipated.

scholarly journals Legal Regulation of Relations in the Field of Education

2019 ◽  
Vol 8 (4) ◽  
pp. 9035-9038
Keyword(s):  
Human Rights ◽  
Migration Policy ◽  
Case Law ◽  
Legal Regulation ◽  
European Convention ◽  
Right To Education ◽  
National Education ◽  
Education Legislation ◽  
European Court ◽  
The Right

The article analyzes the specifics of ensuring the protection of the right to education in case-law decisions of the European Court of Human Rights. The authors have found that there are problems in the current education systems both in Europe and Russia. These problems are solved in accordance with the case law created by the European Court of Human Rights making decisions to ensure the right to education. The authors have noted the main violations committed by governments or governmental bodies in its implementation. The authors have shown the correspondence of the norms of national education legislation of a number of European countries to the provisions of the European Convention on Human Rights. In this regard, the authors have concluded that today, the right to education in European states is not always respected due to migration policy and in the future, relations in this area will deteriorate.

scholarly journals PELAYANAN PENDIDIKAN KEAGAMAAN PADA KOMUNITAS ANAK JALANAN KOTA MEDAN

2012 ◽  
Vol 10 (1) ◽  
Author(s):  
Faiqoh Faiqoh
Keyword(s):  
General Education ◽  
Religious Education ◽  
Street Children ◽  
Right To Education ◽  
Education Services ◽  
Education Access ◽  
Special Services ◽  
Adequate Education ◽  
The Right

AbstractEvery citizen has the right to education. There is no difference between one citizen and another. Citizens with physical, emotional, mental, intellectual and / or social disorders shall be entitled to special services. Ideally, street children get education access both general education and religious education. However, it is still unknown how street children acquire adequate education, especially religious education. Using a case study, this paper is intended to explore how religious education services are provided to street children in Medan.AbstrakSetiap warga berhak menda­pat Pen­di­dik­an. Tidak ada perbedaan antara satu warga negara de­ngan warga negara lainnya. Warga negara yang mem­pu­nyai kelainan fisik, emosional, mental,intelektual dan/atau so­si­al berhak memperoleh layanan khusus. Idealnya anak jalanan menda­pat pemenuhan Pen­di­dik­an baik Pen­di­dik­an umum maupun Pen­di­dik­an ke­aga­ma­an. Namun, masih belum diketahui bagaimana anak jalanan memperoleh Pen­di­dik­an secara memadai, terlebih lagi Pen­di­dik­an ke­aga­ma­an. De­ngan menggunakan studi kasus, tulisan ini ingin menggali bagaimana pelayanan Pen­di­dik­an ke­aga­ma­an diberikan kepada anak jalanan kota Medan.

scholarly journals Posisi Tawar Permendikbud Nomor 27 dan Urgensi Pendidikan Agama dalam Satuan Pendidikan

2021 ◽  
Vol 19 (2) ◽  
pp. 334
Author(s):  
Akil Fitra Sholakodin
Keyword(s):  
Multicultural Education ◽  
Religious Education ◽  
Religious Beliefs ◽  
Right To Education ◽  
The Future ◽  
Institutional Aspect ◽  
Current Context ◽  
Younger Generation ◽  
The Right

<p class="StyleAuthorBold"><strong>Abstrak</strong></p><p>Permendikbud Nomor 27 Tahun 2016 merupakan kebijakan yang dibuat untuk memfasilitasi penganut aliran kepercayaan agar mendapatkan hak pendidikan beragama dan berkeyakinan. Namun, praktiknya masih ditemui banyak kendala yang menghambat implementasi kebijakan tersebut. Kendala-kendala terlihat dari aspek kelembagaan, layanan, dan pemahaman <em>stakeholder</em> terkait. Hal tersebut menimbulkan pertanyaan seberapa efektifkah mata pelajaran Pendidikan Agama bagi generasi muda. Kajian yang ditulis bertujuan untuk mengelaborasi efektivitas Pendidikan Agama yang praktiknya mengarahkan peserta didik menjadi lebih eksklusif, termasuk dalam hal pendidikan kepercayaan. Masalah tersebut apabila dibiarkan akan menimbulkan ekses negatif kedepannya. Penulis merekomendasikan perubahan ke arah yang inklusif dalam kerangka pendidikan multikultural.</p><p> </p><p class="StyleAuthorBold"><strong><em>Abstract</em></strong></p><p><em>Minister of Education and Culture Regulation Number 27 of 2016 is a policy made to facilitate adherents of religious beliefs to get the right to education in religion and belief. However, in practice, there are still many obstacles that hinder the implementation of this policy. This obstacle can be seen from the institutional aspect, the service aspect, and the understanding aspect of the relevant stakeholders. This raises the question of how effective Religious Education subjects are for the younger generation in the current context. This paper aims to elaborate on the effectiveness of Religious Education which in practice directs students to be more exclusive, including in this case faith education. This problem if left unchecked will lead to negative excesses in the future. So this paper recommends a change to an inclusive direction within the framework of multicultural education.</em></p>

Educational Reforms Conducted by Brazilian Courts

2021 ◽  
Author(s):  
Adriana Dragone Silveira
Keyword(s):  
Early Childhood ◽  
Early Childhood Education ◽  
Religious Education ◽  
Educational Reforms ◽  
Right To Education ◽  
Educational Funding ◽  
National Education ◽  
Childhood Education ◽  
Federal Constitution ◽  
The Right

Since the turn of the 21st century, there has been significant debate about the right to education in Brazil, and educational policies adopted by different courts to promote educational reforms have been questioned. The 1988 Federal Constitution has expanded the content of the right to education, as well as established principles, state and federal duties, and different educational funding forms. The Federal Constitution also extended the attributions of institutions aimed at defending social rights, such as the Public Prosecutor’s Office. Thus, new legal arrangements enabled expanding the involvement of justice system institutions in educational reforms. Educational litigation in Brazil can be analyzed by the structure of the judicial system, the right to education, and the main decisions made by the Federal Supreme Court on such issues as the state’s obligation to provide enough seats in early childhood education (2005); the national professional minimum wage (2011); religious education (2017); elementary school–entrance age (2018); and homeschooling (2018). Despite the advancements in guaranteeing the right to education, educational litigation has not always been beneficial for strengthening and expanding educational rights. On the one hand, it has had a positive bias when lawsuits aim at including citizens in public policies, as in the case about the consolidation of early childhood education as a state duty. On the other hand, it has had a negative bias when there is excessive bureaucratization and disrespect toward the autonomy of the educational field, as in the case about the independence of the National Education Council (CNE) to define educational guidelines for enrollment age and religious education.

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