Jordan’s Commitment towards Compulsory and Free Basic Education as a Constitutional Right: An Analytical Field Study

2020 ◽  
Vol 34 (4) ◽  
pp. 356-386
Author(s):  
Ali Mohamed Aldabbas ◽  
Kamal Jamal Alawamleh ◽  
Worud Jamal Awamleh

Abstract This study examines the extent to which Jordan is committed to principles of compulsory and free basic education, by analyzing legislation in light of constitutional and international standards regarding the right to education. Methodology includes quantitative assessment of these principles using a questionnaire distributed to students and their teachers in a number of public schools in three Jordanian governorates. Three focus group sessions composed of students and their teachers were held. The study suggests that, whilst the Jordanian Constitution has explicitly adopted such principles, Jordanian law yet includes provisions that diminish providing free basic education to all children of compulsory age and that mitigate the number of students who drop out of school. This study proposes amending the title of Chapter II of the Constitution and Article 20 to ensure that all children living in Jordan enjoy the right to education.

2018 ◽  
Vol 26 (4) ◽  
pp. 639-648 ◽  
Author(s):  
Aisosa Jennifer Isokpan ◽  
Ebenezer Durojaye

This case note focuses on the justiciability as well as the impact of corruption on the realisation of the right to basic education. Through an assessment of the decision of the ECOWAS Court in SERAP v. Nigeria, it emphasises the role of states in ensuring that corrupt activities of government officials or third parties do not affect the enjoyment of the right. It equally emphasises the role of the Nigerian courts in ensuring a justiciable right to education.


2019 ◽  
Vol 8 (3) ◽  
pp. 2094-2099

Gross Enrollment Ratio (GER) has witnessed a significant improvement in primary education in Odisha; thanks to the Right to Education (RTE) Act and Sarva Shiksha Abhiyan (SSA) initiative. While Odisha lags behind the better performing states like Kerala, Tamil Nadu& Maharashtra in terms of infrastructure and enrolment, the overall quality remains dismal as per the independent survey of Annual Status of Education Reports (ASER). The paper brings out how an extremely alienated section of the society receives the tender care of inclusive education and empowerment in a centre called Kalinga Institute of Social Sciences (KISS) in Odisha, which can form a templates for emulate, all over the country. The paper laments the tendency to outsource, basic education, which is a merit good, to the private sector, which can at best cater to the needy of the affluent few. There is a need to significantly bolster public allocation to primary education, invest it with the highest priority for capability development in future to improve India’s HDI. The quest for high growth rates, must give way to inclusive growth, which puts a premium on public investment quality teaching through suitable training, pedagogical training, IT familiarity of the teachers


Author(s):  
Siniša Karan ◽  
Siniša Macan

The Constitution of Bosnia and Herzegovina, Article 2 defines human rights and fundamental freedoms that are guaranteed in the territory of Bosnia and Herzegovina, and in paragraph 3 of this Article is enumerated a catalog of guaranteed human rights and freedoms. The right to liberty, security, privacy and family life and the right to freedom of movement and residence are consumed in an environment that is regulated by a number of laws and regulations in the legislation of Bosnia and Herzegovina. Fundamental human rights and freedoms cannot of absolute and may be limited realization of the right to a safe environment. Constitution of Bosnia and Herzegovina regulates that will establish a central register of all passports, which implies the establishment of the register persons who are citizens of Bosnia and Herzegovina, and for issuing passports. Freedom of movement is therefore limited by the obligation to persons registered and issued them passports. In the process of issuing passports citizen submits biometric data, in accordance with international standards. This shall be done for the purpose of regulating the right to freedom of movement with the guarantee of the right to a safe environment. Passports must be made in accordance with international recommendations and standards defined by the UN specialized agency for air traffic ICAO. The passports are entered biometric and other data of the passport holder in such a way that they must be machine-readable and electronic readable. According to ICAO standards are created and readers at border crossings to ensure an efficient and quick readability of passports. Each state must provide mechanisms that guarantee the identity of each holder of the passport. Every single issued passport in every country is the guarantor of international security, and each piece of data, including biometric must be kept in a way that guarantees the right to privacy. This paper presents an overview of the optimal relationship that is necessary to establish a basic human rights, and limitations of these rights in the allocation of a small security using biometric data and are presented with safeguards against abuse of biometric data.


SASI ◽  
2021 ◽  
Vol 27 (2) ◽  
pp. 196
Author(s):  
Lucia Charlota Octovina Tahamata ◽  
Welly Angela Riry

Fulfilling of the Right to Education is a part of Human Rights. The right to education has become important in line with government policies to work from home during the Covid 19 pandemic. During the Covid-19 pandemic the learning process uses two learning methods, namely the online method and the offline method. Two learning methods are used for learning but the process has not been implemented optimally by both teachers and students, there are always obstacles faced. The purpose of this study was to determine and study the fulfillment of the right to basic education during the Covid 19 pandemic. The authors conducted research at the Department of Education and Culture of Elementary Schools and Junior High Schools in Ambon City using empirical research methods, data collection techniques through interviews and observations to students. Based on the results of the research conducted, the authors found that the distance learning system in schools in Ambon City was not optimal due to facilities and infrastructure and mastery of technology. which is still low. Fulfilling the right to education requires the involvement of all parties, namely the government, educators, students and parents to work together in the teaching and learning process during the Covid-19 pandemic. The government, educators, students and educational administering institutions at a practical level must strive to develop learning methods with good digital literacy skills so that they need to be improved through trainings using media for online learning for both educators, students and parents


2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Svitlychnyi Oleksandr ◽  

Today, the protection of intellectual property rights and legitimate interests of citizens is guaranteed by Article 55 of the Constitution of Ukraine, which provides and guarantees to everyone who uses all national forms of legal protection, protection of rights and freedoms in court. According to the second part of Art. 124 of the Basic Law, the jurisdiction of the courts extends to any legal dispute and all legal relations arising in the state. In addition to the constitutional right to administrative and judicial protection of intellectual property, the rules of special legislation in the field of intellectual property also determine other types of protection. In particular, part of the first article. 52 of the Law of Ukraine «On Copyright and Related Rights», to protect their copyrights and (or) related rights, entities have the right in accordance with the established procedure to apply to the court and other authorities in accordance with their competence. It is emphasized that the specifics of the protection of intellectual property is that there may be different ways to protect the violated subjective right to choose the person whose rights are violated. Today, the state system of intellectual property protection in Ukraine has an extensive system of state bodies involved in ensuring the protection of intellectual property. Based on the analysis of normative legal acts and scientific opinions, the article analyzes the activities of public administration entities in the field of intellectual property protection (Ministry for Development of Economy, Trade and Agriculture, National Intellectual Property Authority, Ukrainian Institute of Intellectual Property, Department of Intellectual Property). It is noted that in connection with the reorganization of the state system of intellectual property protection, instead of a three-tier structure, a two-tier structure is proposed. It is established that the current standing of the state system of intellectual property protection does not fully comply with international standards and principles in the field of intellectual property. It is proved that the presented state system of intellectual property protection contains significant shortcomings, the ways of improvement its activities are proposed. Keywords: state system, structure, protection, intellectual property, functions, improvement


2018 ◽  
Vol 2 (4) ◽  
pp. 30-42
Author(s):  
A. Matnenko

The subject of the paper is legal conditions for realization the constitutional right to education.The purpose of the paper is to confirm or disprove the hypothesis that legal measures of realization of the right to education that are used in developed foreign countries can be used in Russia to improve Russian educational legislation.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The author also uses the formal legal interpretation of Russian judicial decisions as well as comparative legal method.The main results and scope of their application. The court decisions supporting the principle of territorial consolidation of schools indicate that this principle does not exclude the possibility of citizens not residing in the fixed territory to enter the school of their choice. However, the implementation of this feature, due to the lack of legislative regulations of the procedure, can cause bias, corruption and other abuses of constitutional right to education. Inequality children’s opportunities to enter the school due to their place of residence persists in the individual selection process. Situations where there are no clear and consistent rules for the provision school education inevitably generates numerous violations of citi-zens' rights and inequality based on the financial situation of parents. In Russia, there is no "waiting list", when children wishing to enroll in a particular school, would be taken to the vacant place. Accordingly, the adoption of such decisions by school administrations also lies in the plane of subjective discretion and causes corruption risks. China's experience is interesting because there are transparent, equal conditions for legal attraction of extra-budgetary funds to the school system, which do not turn access to education in the best schools into a corruption scheme or competition of parents ' incomes and do not infringe the rights of those who seek to enter them on the basis of their own achievements and knowledge. Speaking about the British experience, it is interesting to note that the lack of vacancies in the school itself can not be a reason for refusing to enroll a child in school.Conclusions. The legal experience of developed countries, such as the United Kingdom, Germany, Austria, Japan, China, in regulating the grounds and procedures for the provision of school education can be successfully applied in order to improve the Russian legislation, which establishes the legal mechanisms for the implementation of the constitutional right to education.


2021 ◽  
Vol 20 (3) ◽  
pp. 453-468
Author(s):  
Sergei A. Belov ◽  
◽  
Alexander A. Soloviev ◽  
Vyacheslav V. Suyazov ◽  
◽  
...  

In the article "Unity of the system of state universities in today’s Russia", published in August 2020, it was proved that the constitutional right to education implies the need to support not only the leading universities of the country with the help of "academic leadership" programs, but all universities established by the state. Firstly, the creation of a university by the state presupposes responsibility on the part of the state as the founder for ensuring the conditions of its activity; secondly, students of all state universities equally have the right to demand from the state the creation of conditions for obtaining high-quality and modern education. In the development of the concept of unity of the higher education system, this article discusses specific practical steps to implement the approaches indicated in the article in terms of the use of public resources. The authors formulated a number of proposals regarding the state policy in the field of science and higher education in relation to the distribution of financial resources and other resources between institutions of higher education, and also proposed specific measures for their implementation, described by examples from practice.


2017 ◽  
Vol 2 (2) ◽  
pp. 159
Author(s):  
Yahya Ahmad Zein ◽  
Aditia Syaprillah ◽  
Arif Rohman

The issues was found based on research results in the first year of the model of the fulfillment of the right to education as a constitutional right of citizens in the Nunukan-North Kalimantan Province. The research addresses the policies and models of the fulfillment of the right to education there are still various weaknesses, especially related to the implementation of policies has been contained in the Local Regulations, even worsened by the neglect of border area management principles based on the fulfillment of the right to education that will break the poverty chain, and will strengthen the orientation of border area management based on the welfare of the people. This is of course very interesting when compared to Malaysia's neighboring state Sabah in the fulfillment of the right to education concerning the availability, affordability, acceptance, and conformity of education.The main issues be discussed in this study are how is comparative policies and how os comparison of the framework in the fulfillment of the right to education as a constitutional right of citizens in the border region of Nunukan Indonesia and Sabah Malaysia.this research is a comparative law study so that it will provide a new policy model of border area management based on the fulfillment of the right to education.The results of this study conclude that the Malaysian government's policy of opening and developing the port of Tawau at the end of the 19th century and the port of Tawau is the third major destination in Sabah after Kota Kinabalu and Sandakan as evidence that the management of its border areas using the prosperity approach has brought prosperity to Malaysian citizen who is on the border of his country and this is directly proportional to the strengthening of human resources through the Infrastructure and quality of education of his country. The results of the Model comparison indicate that there are significant differences in the fulfillment of the right to education as a constitutional right of citizens in the border regions of Nunukan Indonesia and Sabah Malaysia in terms of the conditions of educational infrastructure and access to education information. Affordability of school locations and systems that facilitate the process towards educational facilities.Availability of quality education standards for citizens and the availability of adequate teachers at every level of education.The aim of this research is not only for the development of science, especially the knowledge of Indonesian border region, but also contributes as a reference for the government related to the policy of border area management in Indonesia, particularly the reference for Local Govenrmment of Nunukan.


Magister ◽  
2018 ◽  
Vol 29 (1) ◽  
pp. 17
Author(s):  
María González Álvarez

RESUMENEn relación con el derecho a la educación hemos estudiado las opiniones que res­pecto al mismo tienen las personas de dieciocho o más años que viven en la Comuni­dad Autónoma de Asturias. Pretendemos que el trabajo nos proporcione información, en general, respecto al derecho y de manera particular sobre la valoración de diversos aspectos del mismo y de su cumplimiento en la práctica. Entre las conclusiones más significativas y, que entendemos pueden proporcionar importante información para el sistema educativo asturiano, podemos señalar que para dos de cada tres la posibilidad de elegir centro escolar debe ser total. Los tres elementos del derecho a la educación que se consideran más importantes son la obligatoriedad y gratuidad de la enseñanza básica y la existencia de recursos humanos Los menos valorados se refieren al derecho de los padres a que sus hijos reciban la formación religiosa y moral que esté de acuerdo con sus propias convicciones y a la programación general de la enseñanza por parte de los poderes públicos. Por otro lado, se entiende que los elementos que mejor se cumplen en la práctica, son la obligatoriedad y gratuidad de la enseñanza básica. Siendo los que peor se cumplen la existencia de recursos materiales y la libertad de elección de centro.PALABRAS CLAVE : Derechos humanos; Derecho a la educación; Libre elección de centro; Obligatoriedad y gratuidad de la enseñanza básica ABSTRACTAs regards the right to education, we have studied the opinions of 18+ year-old per­sons who live in the Principality of Asturias. We intend that the research will provide us general information about the right to education, and in particular about the assessment of several of its aspects and its actual accomplishment. Among the most meaningful conclusions, and we understand can supply important information for the educational system in Asturias, we can signal that for two out of three people the possibility of choosing school must be paramount. The three most important aspects of education considered are the compulsory nature and free of charge for the citizens of the basic education and the proper supply of human resources. The least valued are the parents´ right of their children to receive religious and moral formation in accordance with their own convictions and the general programming of teaching by the political authority. On the other hand, it is understood that the aspects best implemented are the compulsory nature and free of charge of the basic education. Being the supply of material resources and the freedom of choice of school the worst implemented.KEYWORDS: Human Rights; Right to Education; Free choosing of school; Compulsory and free basic teaching


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