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?

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.

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.

scholarly journals El derecho a la educación de las mujeres como derecho clave hacia una cultura de Igualdad.

2018 ◽  
Vol 1 (2) ◽  
pp. 3-7
Author(s):  
Yarib Hernández García
Keyword(s):  
Human Rights ◽  
Access To Education ◽  
Right To Education ◽  
Historical Experience ◽  
Las Mujeres ◽  
The Right

Throughout history, women have been gaining space. Even when the inclusion of women in the human sphere has been achieved, it has implied a change in the conception of humanity and the historical experience itself and, in this sense, progress has been insufficient. The concept of human rights has not been fully established in the culture, neither as a mental nor as a practice. The right to education is a key right, as it allows us access to other rights that are indispensable for a life in dignity. Despite the above, there are still gaps in access to education under equal circumstances.

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.

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 Inclusive education for Roma children in Albania and Belarus (legal situation, accessibility, opportunities to learn in own language and support of ethnic identity)

2018 ◽  
Vol 71 (1) ◽  
pp. 195-211
Author(s):  
Manjola Zaçellari ◽  
Heliona Miço ◽  
Irina Sinitsa
Keyword(s):  
Inclusive Education ◽  
Minority Group ◽  
Transitional Period ◽  
Access To Education ◽  
Human Right ◽  
Right To Education ◽  
Governmental Organizations ◽  
National Minorities ◽  
Non Governmental Organizations ◽  
The Right

AbstractThis article is devoted to the analysis of the situation regarding the education of Roma children in Albania and Belarus, evidencing the similarities and differences in legislation and policies in both countries, aiming at highlighting the best practices for each state. The study also analyses whether there is any real approach for inclu­sive education, despite the legislation in force in both countries, as well as evaluating the next steps to be followed for achieving inclusive education for Roma children, whether as part of a minority group or not. Inclusive education is the main focus of those European policies and legislation that guarantees the right to education to everyone. Vulnerability and marginalization are present in all countries. Even the more developed societies have categories of their population that are defined as vulnerable or marginalized. They may not suffer from poverty, but other factors, such as disability or linguistic/ethnic particularities can be sources of marginalization and underachievement. Every human being is different. Because of this diversity, the law should find ways of treating everybody as equal, and with the same access to education and to every other human right. One of the main causes of discrimination and lack of access to education is being a member of a minority group, especially those ones which are not fully recognised as national minorities, such as the Roma. After the fall of communism in Albania, the transitional period towards a democratic system affected the right to education for Roma children, making them suffer from a lack of access to education. The same is reflected in Belarus, where the right to education for Roma children is more protected by non-governmental organizations rather than the state. Treating Roma children with equal access to education will not only help this marginalized group, but also the whole of society by accepting the differences as a normal phenomenon.

The right to education as a fundamental human right

2017 ◽  
Vol 7 (4) ◽  
pp. 158-166
Author(s):  
Emine Zendeli
Keyword(s):  
Human Rights ◽  
Educational Institutions ◽  
Human Right ◽  
Right To Education ◽  
Cultural Rights ◽  
Full Development ◽  
Specific Category ◽  
The Republic ◽  
The Right ◽  
Keywords Education

The right to education is a fundamental human right proclaimed by Articles 13 and 14 of the United Nations International Covenant on Economic, Social and Cultural Rights (1966). Ratifying this document, state parties fully agree ‘that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms’. The right to education is considered as a fundamental human right in a series of other 20th century international documents, which guarantee and protect this right for everyone, irrespective of race, colour, religion, gender, social status, etc. This paper aims to respond to questions on the observance of this right and whether it has been limited. The research is based on international documents that regulate this specific category, as well as on the respective legislation and practice within educational institutions in the Republic of Macedonia. Keywords: Education, fundamental human rights, covenant, law.  

The Human Right to Water from the Universal Declaration of Human Rights to the New Agenda for Sustainable Development

2019 ◽  
Vol 76 (3-4) ◽  
pp. 162-170
Author(s):  
Marianna Pace
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Universal Declaration ◽  
International Treaties ◽  
Human Right ◽  
2030 Agenda ◽  
International Water Law ◽  
International Water ◽  
The One ◽  
The Right

The article explores the evolutionary path that led to the emergence of the right to water as human rights, since the Universal Declaration of Human Rights till to its inclusion in the 2030 Agenda for Sustainable Development. In particular, on the one hand the paper analyses the definition and the content of the right to water, as well as the obligations stemming for contracting States to the international treaties recognizing this right. On the other one, it focuses specifically on how to ensure an effective guarantee of the right to water. Finally, the analysis assesses the contribution of Goal 6, included in 2030 Agenda for Sustainable Development, to the international water law regime.

Human Rights And Slum Dwellers

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 2049-2053
Author(s):  
Ashwani Kumar
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Human Right ◽  
Right To Education ◽  
Education And Health ◽  
Slum Dwellers ◽  
People Participation ◽  
The Right ◽  
Modern Form ◽  
Democratic Country

Human rights are the basis of democracy. India is the largest democratic country in the world the success of democracy depend upon people participation in political system. Therefore it is necessary that all people should have basic human rights in real sense. Modern form of state has become welfare and the aim of state is man. So it becomes essential that every section of society need to get fundamental rights. Slum population in India is very large and being citizens of India they have a fundamental rights to get every facility that  led to achieve right to life. Slums have variety of problems they are indicator of poverty, the right to education, standard of living, privacy property are violated. this paper covers some issues of human right violation in slum populations. Human right violation is widespread and systematic in slum people living in India. Denied their rights to adequate water, sanitation, quality education and health. The purpose of this study to see how human right is being violated in many forms among slum dwellers. Eviction and resettlement policies have removed the slums residents from job, transportation, school and food. This leading to greater insecurity, health problem, unemployment, child labour & violence among slum dwellers. Keywords: Slums, Slum dwellers, Human Rights

20. The right to education and human rights education

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Human Rights Education ◽  
International Human Rights Law ◽  
Access To Education ◽  
Human Rights Law ◽  
Right To Education ◽  
The United Nations ◽  
Education Academic ◽  
The Right

This chapter discusses the right to education and human rights education in international human rights law. It covers access to education; the nature of education; academic freedom; the United Nations’ special rapporteur on the right to education; achieving universal education on human rights; teaching non-discrimination; and the United Nations Decade of Human Rights Education.

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