The Protection of the Right to Education by International Law

Author(s):  
Klaus Dieter Beiter
2016 ◽  
Vol 67 (4) ◽  
pp. 491-514
Author(s):  
Patricia O'Lynn

This paper offers a rights-based analysis of the equity of educational experience allocated to young people excluded from school in Northern Ireland. Using Tomaševski’s ‘4As scheme’ as a conceptual guide, the availability, accessibility, acceptability and adaptability of alternative education provision is examined. The article begins with a brief overview of the contextual landscape within which the sector operates, alluding to the definitional and procedural difficulties that have hindered the delivery of equitable alternative education services to date, before an examination of the current legal architecture within which the right to education may be given further realisation is detailed. The latter part of the article considers the extent to which the organisation, management and delivery of the EOTAS sector is rights-compliant, before concluding that the right to education, as it stands under domestic and international law, does not extend far enough to ensure and protect the educational entitlements of children excluded from school.


Yuridika ◽  
2017 ◽  
Vol 32 (2) ◽  
pp. 352
Author(s):  
Virgayani Fattah

Jus cogens as a norm of general international law accepted and recognized by the community as a whole interasional with the main characteristics are non-derogable nature. The right to education is a fundamental human rights, so that its presence can not be reduced under any circumstances based on the benefits and importance of education for children. The national education policy is not fully aligned with the international human rights instruments led to the development of the education sector is not entirely based on human rights. Government is obliged to fulfill the right to education, especially with regard to the budget for building and repairing school buildings and improve the quality of education in Indonesia. The importance of the right to education as the main vehicle for elevating and empowering children from poverty, as a means to actively participate in the construction and total social community and as a powerful path towards human civilization itself. So it can be understood that a peremptory norm, also called jus cogens is a basic principle of international law that is considered to have been accepted in the international community of the country as a whole. Unlike general treaty law that traditionally requires treaties and allows for changes in obligations between countries through treaties, peremptory norms can not be violated by any country.


2019 ◽  
Vol 6 (2) ◽  
Author(s):  
Saleh Raed Shatat

International law, also known as public international law and law of the nation is the set of rules, norms, and standards generally accepted in relations between nations. The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of lawrecognized by most national legal systems. Human Rights are the basic rights and freedoms to which all human beings are entitled, like civil and politicalrights, the right to life and liberty, freedom of thought and speech/expression, equality before the law, social, cultural and economic rights, the right to food,the right to work, and the right to education. In short, human rights are freedoms established by custom or international agreements that protect the interests of humans and the conduct of governments in every nation. Human rights are distinct from civil liberties, which are freedoms established by the lawof a particular state and applied by that state in its own jurisdiction. Human rights laws have been defined by international conventions, by treaties, and by organizations, particularly the United Nations. These laws prohibit practices such as torture, slavery, summary execution without trial, and arbitrarydetention or exile.


2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.


2008 ◽  
Vol 12 (1) ◽  
Author(s):  
Christine Geith ◽  
Karen Vignare

One of the key concepts in the right to education is access: access to the means to fully develop as human beings as well as access to the means to gain skills, knowledge and credentials. This is an important perspective through which to examine the solutions to access enabled by Open Educational Resources (OER) and online learning. The authors compare and contrast OER and online learning and their potential for addressing human rights “to” and “in” education. The authors examine OER and online learning growth and financial sustainability and discuss potential scenarios to address the global education gap.


2017 ◽  
Vol 30 (1) ◽  
pp. 71-93
Author(s):  
Gustav Muller

In this article an attempt is made to put forward a convincing case for giving substantive content to the right of access to adequate housing and looks towards relevant international law elaborations on the meaning of this right as contained in the International Convention on Economic, Social and Cultural Rights (ICESCR). It does so while being aware of the Constitutional Court’s prior rejection of an international law-based minimum core interpretation of the right and opting, instead, for the so-called model of reasonableness breview. Given that the court has so expressly taken and stuck to this stance, it is argued in the article that an international law-based substantive interpretation of the right is possible – given that South Africa has recently ratified the ICESCR – and that it is preferable given the shortfalls of the model of reasonableness review. The article further highlights what difference the preferred reading of section 26(1) would make as to how courts ‘interpret’ reasonableness, that is, how courts review compliance with section 26 at present if ‘adequate’ housing is understood as having security of tenure and access to basic municipal services; is affordable, habitable and accessible; is located in close proximity to social facilities; and is culturally adequate.


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