Undocumented children and the right to education: illusory right or empowering lever?

2011 ◽  
Vol 19 (4) ◽  
pp. 613-639 ◽  
Author(s):  
Helene Marie-Lou de Clerck ◽  
Julie Ryngaert ◽  
Estelle Carton de Wiart ◽  
Marie Verhoeven ◽  
Wouter Vandenhole ◽  
...  
Keyword(s):  
Educational Inequality ◽  
Real Life ◽  
Sociological Research ◽  
Human Right ◽  
Right To Education ◽  
Mobile Students ◽  
Key Factor ◽  
Scope Of Application ◽  
The One ◽  
The Right

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.

The fundamental human right to education for refugees: Some legal remarks

2017 ◽  
Vol 17 (2) ◽  
pp. 219-232
Author(s):  
Kurt Willems ◽  
Jonas Vernimmen
Keyword(s):  
Human Rights ◽  
National Language ◽  
Access To Education ◽  
International Treaties ◽  
Human Right ◽  
Right To Education ◽  
Legal Documents ◽  
Legal Texts ◽  
Scope Of Application ◽  
The Right

The aim of this article is to describe the human rights obligations a State bears in educational matters with concerns to the current influx of refugees. The right to education is a fundamental human right guaranteed by many international treaties. As a result, the impression may arise that everyone, not only legal citizens but also all those lacking legal documents, can easily refer to any of these texts in order to enforce access to education and every right attached to education. The legal truth is however more complex. This article will first examine the various international legal texts: do refugees fall within the scope of application? Second, we will take a closer legal look at some issues often raised in practice when dealing with the influx of refugees: (i) can higher school fees be asked from pupils without legal documents? (ii) do refugees have a right to be taught in their own native language until they learn to speak the national language? and (iii) can they be placed in special (separate) schools or classes until they can follow the regular curriculum?

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.

scholarly journals The Importance of Multicultural Education in Schools in the Era of ASEAN Economic Community

2017 ◽  
Vol 13 (4) ◽  
pp. 78 ◽  
Author(s):  
Imron Arifin ◽  
Agustinus Hermino
Keyword(s):  
Multicultural Education ◽  
Human Resource Development ◽  
Learning Needs ◽  
Economic Community ◽  
Human Right ◽  
Knowledge Based Economy ◽  
Internalization Process ◽  
Asean Economic Community ◽  
The One ◽  
The Right

The purpose of this paper is to provide an understanding importance of multicultural education for students in the schools relate with diversity in the era of Asean Economic Community. The ASEAN, which groups eleven countries, is a very diverse region, with different dynamics that are owned by their respective countries, particularly when associated with education. Diversities can be seen from the many islands, ethnicity, culture, language and religion. Regardless all those differences, these eleven countries share a similar emphasis on human resource development as a key in developing the whole nation to enter the knowledge-based economy and global environment. Pluralism that is the one of the power and uniqueness in the ASEAN Economic Community that can be interpreted as diversity in unity. Diversity, on the one hand is a blessing, because it actually reflects the diversity of the wealth of cultural treasures. But on the other hand, diversity is also great potential for growing proliferation of conflicts, particularly if such diversity is not able to run well. To build the ASEAN community who recognize and appreciate the differences required processes and better understanding through relevant education. Education, as a fundamental human right, is considered very important and strategic for developing their human resources. The right to education imposes an obligation upon countries to ensure that all children and citizens have opportunities to meet their basic learning needs. Promoting quality and equity education is a common policy for countries regardless their different levels of development. Herein lies the importance of multicultural education. Multicultural education becomes strategic for ASEAN nations to be able to manage the plurality creatively, and can be interpreted as an internalization process of values in educational institutions.

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.

A Delicate Balance: Religious Autonomy Rights and lgbti Rights in Australia

2015 ◽  
Vol 10 (1) ◽  
pp. 45-62 ◽  
Author(s):  
Charlotte Baines
Keyword(s):  
Legal System ◽  
Religious Freedom ◽  
Status Quo ◽  
The Other ◽  
Faith Communities ◽  
Human Right ◽  
The Status ◽  
Research Gap ◽  
The One ◽  
The Right

This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo.

El Derecho al Trabajo en Épocas de Crisis: el Caso de España / The Right to Work in Times of Crisis: the Case of Spain

2017 ◽  
Author(s):  
Carmen Almagro Martín
Keyword(s):  
Human Rights ◽  
Main Subject ◽  
Human Right ◽  
Derechos Humanos ◽  
Right To Work ◽  
The People ◽  
The One ◽  
The Right ◽  
Almost All ◽  
Unemployed Individual

ResumenSin duda alguna, en épocas de crisis como la que vivimos desde hace años, que se ha mostrado especialmente intensa en España, el Derecho al trabajo es uno de los que resultan más perjudicados. Se trata de un Derecho fundamental del ser humano y, como tal, aparece recogido en la Declaración Universal de Derechos Humanos, formando parte de ese “ideal común” que todos los pueblos y naciones deben esforzarse en conseguir. En España, el desempleo ha alcanzado niveles tan elevados que se ha convertido en la principal preocupación de los españoles (prácticamente en todas las familias hay al menos un miembro en “paro”). La situación es desoladora, habiéndose llegado a rozar los 6 millones de trabajadores en situación de desempleo, resultando evidente que el país debe continuar la reforma en el ámbito laboral poniendo en práctica políticas activas que permitan la reducción de esta cifra y la normalización del mercado de trabajo. Sin embargo, no menos importante será la adopción de medidas para la protección de los millones de desempleados, que viéndose privados de trabajo, principal fuente de ingresos para la mayoría de ellos, carecen de los recursos necesarios para hacer frente a sus necesidades básicas y las de sus familias.AbstractWithout any doubt, in times of crisis, as the one we have been currently living for years, the right to work has been particularly affected. It is a Fundamental Human Right, as it is expressed in the Universal Declarationof Human Rights, shaping this “common ideal” towards which all the people and nations must try to achieve. In Spain, unemployment has reached such levels that it has become the main subject of preoccupation among Spaniards (in almost all families, there is at least one unemployed individual). The situation is devastating, as almost 6 million of people are unemployed, urging the country to carry on its labour reforms, implementing active policies that enable to reduce this number and to normalize the labour market. It will be also important to adopt some measures to protect millions of unemployed individuals who, having no job, (as the main source of income for them), are lacking the necessary means to cope with the basic needs of themselves and their families. ResumoSem dúvida, em tempos de crise como a que temos vivenciado há anos, e que tem demostrado ser particularmente intensa na Espanha, o direito ao trabalho tem sido particularmente prejudicado. Trata-se de um direito humano fundamental e como tal, aparece na Declaração Universal dos Direitos Humanos, formando parte desse “ideal comum” que todos os povos e nações devem buscar realizar. Na Espanha, o desemprego atingiu níveis tão elevados que se tornou a principal preocupação dos Espanhóis (praticamente todos em todas as famílias lares têm pelo menos um membrosem emprego). A situação é sombria, tendo em vista que há quase 6 milhões de desempregados, exigindo que o país prossiga com suas reformas trabalhistas, implementando políticas públicas ativas que permitam reduzir essa cifra e normalizar o mercado do trabalho. Torna-se importante adotar medidas que protejam os milhões de desempregados que, sem emprego– principal fonte de ingressos para a maioria deles –, carecem dos recursos necessários às suas necessidades básicas e de suas famílias.

The right to education

2020 ◽  
pp. 181-194
Author(s):  
Benjamin Mallon
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Human Right ◽  
Right To Education ◽  
International Human Rights ◽  
Rights Of The Child ◽  
Diverse World ◽  
International Human ◽  
The Right ◽  
Different Levels

Chapter 14 critically analyses the idea of education as a universal human right. It outlines existing international human rights mechanisms relevant to education as a right and critically assesses their ability to make that right a reality in a diverse world with different levels of ‘peace’, stability, conflict, cultural and socio-economic contexts. While recognising that the right to education includes all people regardless of age, the chapter mainly focuses on education as a right for children and, in particular, how the right to education for children in developing countries can be affected by violent conflict. In this regard, the work of UNESCO and the influence of Convention on the Rights of the Child (CRC) are assessed along with a range of other rights mechanisms.

Critical Analysis of the Right to Education for Pregnant School-going Teenage Girls in South Africa

2021 ◽  
Vol 10 (3) ◽  
pp. 73-85
Author(s):  
Isaiah M. Sefoka ◽  
◽  
Kola O. Odeku
Keyword(s):  
South Africa ◽  
Teenage Pregnancy ◽  
Legal Protection ◽  
Dropping Out ◽  
Research Approach ◽  
Human Right ◽  
Right To Education ◽  
Teenage Girls ◽  
The Right ◽  
Out Of School

Most inadvertently, teenage girls in school fall pregnant. Over recent years, South Africa has seen an exponential increase in teenage pregnancy. A significant number of pregnant teenage girls end up dropping out of school as often they are unable to cope with the huge responsibility associated with pregnancy, and some schools are not supportive of pregnant learners. However, pregnant teenage girls still have the right to education. To make it methodologically sound, this study utilized a literature review research approach, mainly sourced from google scholar search engine, to address issues relating to the legal protection of pregnant teenagers. The study found that, in schools, pregnant girls were discriminated against on different grounds, and sometimes expelled. The research presented consequences of teenage pregnancy such as, dropping out of school, loneliness, anxiety/stress, and so on. More importantly, using the jurisprudence of the South African courts, the paper accentuates that pregnant teenagers still have the right to education, and being pregnant cannot be used to deprive or deny them this fundamental human right. It prohibits discrimination in schools on the basis of pregnancy, and presents arguments for continuation of schooling, and all assistance needed to ensure that the right to education is protected at all costs, even during pregnancy.

scholarly journals Realization of the Right to Education

2018 ◽  
Vol 1 (1) ◽  
pp. 3-39
Author(s):  
Enock Akattu
Keyword(s):  
Human Rights ◽  
Bill Of Rights ◽  
Minimum Level ◽  
Human Right ◽  
Right To Education ◽  
Level Of Education ◽  
Cultural Rights ◽  
Rights Of The Child ◽  
The Right ◽  
To Receive

This paper evaluates the state of education as a human right and demonstrates that it is possible to implement and ultimately protect the right to education within a domestic context. Despite its importance, the right to education has received limited attention from scholars, practitioners and international and regional human rights bodies as compared to other economic, social and cultural rights (ESCRs). NGOs have been increasingly interested in using indicators to measure and enforce a state‘s compliance with its obligations under international human rights treaties. Education is one of the few human rights for which it is universally agreed that the individual has a corresponding duty to exercise this right. This paper first of all draws up an inventory of the many international instruments which mention the right to education and analysethem in order to obtain a more precise idea of the content of this right, which often appears blurred. The paper also discusses the right to education as it is guaranteed in articles 13 of the Covenant on Economic, Social and Cultural Rights (ICESCR), article 28 of the Convention on the Rights of the Child (ICRC) and article 13 of the Protocol of San Salvador. The enjoyment of many civil and political rights, such as freedom of information, expression, assembly and association, the right to vote and to be elected or the right of equal access to public service depends on at least a minimum level of education, including literacy. Similarly, many economic, social and cultural rights, such as the right to choose work, to receive equal pay for equal work, the right to form trade unions, to take part in cultural life, to enjoy the benefits of scientific progress and to receive higher education on the basis of capacity, can only be exercised in a meaningful way after a minimum level of education has been achieved. Similarly, this paper discusses education in Kenya as a basic need and a human right (enhancing access, participation, retention, achievement and quality of schooling) to girls and boys and by extension women and men especially with the promulgation of the new Constitution of Kenya 2010 that recognizes education as a Bill of Rights and everyone is bound by the Bill of Rights. This means that all people in Kenya must respect education as a human right. The Bill binds all government institutions and state officers. They are required to respect human rights and deal appropriately with the special needs of individuals and groups in our society. In this paper, the provision of education in the first 4 to 18 years of schooling is considered to be basic, thus a basic right in Kenya

scholarly journals As cláusulas pétreas: a possibilidade de revisão constitucional de vinculações de receitas na área da educação

KPGT_dlutz_1 ◽  
2018 ◽  
Vol 31 (3) ◽  
pp. 585
Author(s):  
Luiz Henrique Urquhart Cademartori ◽  
Noel Antônio Baratieri
Keyword(s):  
Public Education ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Future Generations ◽  
Constitutional Amendment ◽  
Right To Education ◽  
Constitutional Evolution ◽  
The One ◽  
The Right

As cláusulas pétreas: a possibilidade de revisão constitucional de vinculações de receitas na área da educação Resumo: O artigo aborda os limites e as possibilidades de alteração de normas constitucionais que garantem vinculação orçamentária para funções típicas do Estado tais como a Educação Pública. O problema é saber se uma emenda constitucional supressiva da referida garantia orçamentária seria constitucional ou não. A hipótese que se suscita neste estudo procura delinear em que medida seria inconstitucional tal adoção, posto que estaria restringindo, indiretamente, um direito fundamental, no caso o direito à educação, mas, ao mesmo tempo, esta simples constatação encontraria entraves sob a ótica de uma democracia intergeracional. Considera-se, de uma parte, o direito à educação é protegido, originariamente, no âmbito constitucional brasileiro como cláusula pétrea, mas, de outra, gerações futuras ou problemas conjunturais governamentais posteriores à 1988 podem questionar a legitimidade de normas fundamentais originadas em contexto sociopolítico anterior. Para o desenvolvimento deste trabalho, primeiramente analisam-se as cláusulas pétreas e os limites ao poder reformador. A seguir, estudam-se as referidas cláusulas e a sua evolução constitucional. Posteriormente, faz-se uma análise da constitucionalidade de eventual emenda que suprima a vinculação obrigatória de receitas para a educação sob o prisma da proibição de retrocesso. Palavras chave: Cláusulas pétreas. Constituição. Educação. Retrocesso. Receitas públicas. Safeguard clauses: the possibility of constitutional reviewing the bonded educational income Abstract: The article deals with the limits and possibilities of altering constitutional norms that guarantee budgetary linkage to functions typical of the State as a Public Education. The problem is whether a constitutional amendment suppressing the standard budget guarantee would be constitutional or not. The hypothesis that arises in this study looks for what is necessary, is not a fundamental right, is not a case, but the same, this is a finding found obstacles from the point of view of an intergenerational democracy. It is considered, on the one hand, that the right to education is protected, originally, it is not very Brazilian constitutional as a stony clause, but, on the other hand, future generations or post-1988 governmental conjunctural problems may question the legitimacy of fundamental norms originated in context previous sociopolitical. For the development of this work, firstly they are analyzed like stone clauses and the limits to the reformer power. Next, they are studied as clauses of clauses and their constitutional evolution. Subsequently, an analysis is made of the constitutionality of any amendment that abolishes the mandatory binding of transfer to the critic of a prison of prohibition of retrocession. Keywords: Constitution. Education. Public income. Regression. Safeguard clauses.

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