scholarly journals Warunki praktykowania edukacji domowej w Polsce

2021 ◽  
Vol 20 (2) ◽  
pp. 231-239
Author(s):  
Magdalena Giercarz-Borkowska

The article concerns the subject of homeschooling practice conditions in Poland – it focuses on the legal conditions and outlines the socio-economic conditions in which Polish homeschoolers operate. It discusses the specific kind of right which is the right to education, its position in the systematics of the constitution and the connection to the learning duty and school duty. It brings attention to state-citizen relations and the rule of state subsidiarity. It points to legal regulations which allow realization of the school duty outside of school, underlining the controversial and discriminatory regulations which ignore the parents’ priority to decide on their own children’s education and treat children learning in this way unequally to those who attend school. The article is ended by an observation about the state remaining decisive on the form of education of each citizen, despite the constant change of legal regulations, which in relation to the discussed subject characterizes the last three decades.

Author(s):  
Florian Matthey-Prakash

What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question received barely any attention. This book identifies justiciability (or, more broadly, enforceability) as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the state. Otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability is unfulfilled, particularly so because the poor, who cannot afford quality private education for their children, must be the main beneficiaries of the right. It then deals with possible alternative means the state may provide for the poor to claim the benefits under Article 21A, and identifies the grievance redress mechanism created by the Right to Education Act as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.


Author(s):  
I. Mytrofanov

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.


2020 ◽  
Vol 42 ◽  
pp. e44453
Author(s):  
Mariucha Ramella Marcon Nemer ◽  
Bruna de Souza Nogueira ◽  
Fernanda do Nascimento de Lemos Campos ◽  
Márcia Cristina da Silva ◽  
Morgana Ducatti Alves ◽  
...  

The rights of children and adolescents are provided by law and it is the duty of the State, family and society to care for them. Health and education professionals are responsible for reporting suspected or confirmed cases of rights violation. This study aimed to investigate the prevalence and qualification of violation of children’s and adolescents’ rights in the State of Paraná between 2009 and 2014. A descriptive and observational quantitative study was carried out based on the records of the Child Protective Services in Paraná, accessed through the Information System for Childhood and Adolescence (SIPIA). A total of 129.123 violations of rights were found. Among those cases, the right to familiar and communitarian companionship stands out with the greatest number of violations, followed by the right to education, culture, sports and leisure. Mothers were found to be the main aggressors, followed by fathers, and sexual violence/abuse was the most prevalent type of violence. In conclusion, there was a significant amount of violation of children’s and adolescents’ rights in the State of Paraná during the period covered by this research, and it has increased over the years. Besides, we found out that there is a predisposition of gender and age group for each variable analyzed.


2021 ◽  
Vol 29 (3) ◽  
pp. 89-109
Author(s):  
Michał Wojciech Basa

The subject of considerations is an attempt to describe and assess the institution of cessation of prosecution, resulting from reaching an agreement, as reaction to crime. The effective consensus-driven approach ought to be aimed at combining court instruments and values with the axiological basis of agreement-based litigation (namely, principle of restorative justice), and also with legal measures which allow to mete out a due penal reaction or, frequently, the cessation of prosecution. In case of proceedings regarding misdemeanours, where there is a possibility of eliminating the consequences of the crime solely by compensatory actions within victim-perpetrator relation, the state ought to waive the execution of ius puniendi. What should constitute the limit of waiving the right to punish is a combination of circumstances such as: negligible degree of social harm, reaching a plea agreement that includes the manner of compensation, along with executing thereof. Then, the sufficient reaction to crime is redressing damage or compensation for the harm suffered and the prosecutor’s decision to cease prosecution. The stage of judicial proceeding does not have to and should not be merely a forum for reaching and executing court agreements. The described variant of cessation of the prosecution combines instrumental values, such as the promptness and cost-effectiveness of proceedings with non-instrumental ones, such as due process and implementation of restorative justice. Through only partial waiver of the trial subject implementation, cessation of the proceedings may constitute a compromise between legalistic values and those of judicial opportunism.


Author(s):  
Rute Soares Rodrigues ◽  
Idemar Vizolli ◽  
Maria Solange Rodrigues de Sousa ◽  
Meire Lucia Andrade da Silva

This article focuses on the management of municipal education in the system and educational networks of the state of Tocantins, regarding the guarantee of the right to education in the period of the Covid-19 pandemic. It aims to understand the challenges and dilemmas faced by the Secretaries of Education in municipalities of Tocantins in the pandemic period, more precisely about remote, hybrid education and the use of digital information and communication technologies (ICT) as a way to ensure the educational rights established by law. This is bibliographic-documentary research that deals with the management of education grounded in the regulations of the state and federal spheres and based on field research developed by the National Union of Municipal Education Directors (UNDIME). The study presents the results of the situational diagnosis of the municipalities at the start of the pandemic in 2020 and evidences: the difficulties of the Municipal Secretaries of Education, the implications of the non-face-to-face teaching, the plan to resume face-to-face classes for the 2020 and 2021 school years. Also, the panorama of the educational reality in the state of Tocantins lacks of major investments in technology and connectivity in the schools; better training for education professionals and improvements in the infrastructure of educational units in order to fulfill the right to education.


2017 ◽  
Vol 105 ◽  
pp. 119-142
Author(s):  
Renata Raszewska-Skałecka

EDUCATION OF PEOPLE WITH DISABILITIES AS A COMMON GOOD — CONSIDERATIONS ON ADMINISTRATIVE AND LEGAL BACKGROUNDEducation of people with disabilities, considered as acommon good, points out legal subjectivity of adisabled person, the right to education and educational duties in the educational system. From the perspective of the state and its administration education, understood as acommon good, means performance of educational tasks in the scope of special education for a disabled person.


Author(s):  
Isabel Carrillo Flores

Resumen: El legado del siglo veinte nos muestra avances en los Derechos Humanos, entre ellos el Derecho a la Educación, pero también nos evidencia los problemas de vulneración y las barreras aún existentes. Las crisis económicas recientes han agravado la situación, y las desigualdades educativas en vez de disminuir se acrecientan al amparo de políticas de ajuste en lo concerniente a derechos sociales. El contenido del texto plantea tal coyuntura y para hacerlo se estructura en cuatro apartados. Tras una breve presentación que nos permite contextualizar el tema, se realiza un breve repaso a cuatro estudios impulsados por la UNESCO (Coombs, Faure, Delors, Morin) que muestran las dificultades y los logros en educación desde la segunda guerra mundial al cambio de milenio. A continuación se presentan dos paradojas que vive la educación cuestionada del presente. Por una parte se expanden las políticas que llevana prácticas que niegan la educación como derecho, al mismo tiempo se ensalza el valor de uma educación de calidad para el desarrollo. Por outra parte, y en relación a lo anterior, la educación de calidad que se propone no incorpora la formación humana, más bien al contrario se mercantiliza la educación y se propone uma educación para el emprender y la empleabilidad como medida anticrisis. En el último apartado se plantea el Derecho a la Educación como reto deseable y posible.Abstract: The legacy of the 20th century has shown advances in the achievement of Human Rights, included the Right to Education. However, it has also shown problems involving the vulnerability and the barriers still existent regarding such rights. The economic crisis have aggravated the situation, and the educational inequalities, in place of weakening, grow along with the adjustment of social rights policies. This paper exposes such scenario, and, to do so, is structured in 4 sections. After a brief introduction that allows the contextualization of the subject, there is a brief review of four studies promoted by UNESCO (Coombs, Faure, Delors, Morin) that show the difficulties and the achievements on education from world war II until the change of the century. Then, the paper exposes two paradoxes which education goes through. On one hand, there is an expansion of policies that result in practices that deny education as a right, but at the same time an exaltation of the values of a quality education for development. On the other hand, the quality education exalted does not incorporate a human formation, but, on the contrary, mercantilizes itself, being education proposed as a means for entrepreneurship and the emplyability as an anticrisis mechanism. In the last section, the right to education is shown as a desirable and possible challenge.Resumo: O legado do século XX nos mostra avanços nos Direitos Humanos, entre eles o Direito à Educação. Mas também nos evidencia os problemas envolvendo a vulnerabilidade e as barreiras ainda existentes. As crises económicas recentes têm agravado a situação, e as desigualdades educativas, em vez de diminuir, crescem ao amparo de políticas de ajustes relativas aos direitos sociais. O conteúdo do texto expõe tal conjuntura e, para fazê-lo, se estrutura em quatro seções. Após uma breve apresentação que permite contextualizar o tema, faz-se uma breve revisão de quatro estudos promovidos pela UNESCO (Coombs, Faure, Delors, Morin) que mostram as dificuldades e os êxitos na educação desde a segunda guerra mundial até a mudança do século. Após, são apresentados dois paradoxos pelos quais passa a educação ora analisada. Por um lado, se expandem as políticas que levam a práticas que negam a educação como direito, mas ao mesmo tempo se exalta o valor de uma educação de qualidade para o desenvolvimento. Por outro lado, e em relação ao anterior, a educação de qualidade que se propõe não incorpora a formação humana, mas ao contrário, se mercantiliza, propondo-se uma educação para o empreendedorismo e a empregabilidade como uma medida anti-crise. Na última seção, o direito à educação é apresentado como um desafio desejável e possível.


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.


2019 ◽  
Vol 32 (1) ◽  
pp. 129-136
Author(s):  
Liburn Mustafë Mustafa

The right to be educated in mother tongue is considered among the most important human rights in the contemporary world. Such a right is guaranteed to the all world communities in spite of the state and international rights, regardless of the location, extent, and size of the community. Every state is obliged to respect and make possible the realization of the rights to be educated in their language to every minority within it, because the right to education in mother tongue is now considered a crucial tool for preserving and strengthening the cultural and ethnic identity, and vice versa, the non-implementation of these rights to certain communities implies the state's tendency towards these communities. Also, minorities are predestined that the educations in their language attend similar to their mother country, based on textbooks and curricula of the respective states, as such a right is guaranteed by international norms and conventions. But such a thing, very often faces a strong resistance from the states where these minorities are, because in these textbooks is reflected the history, culture and tradition of the past, which in most cases is a clash between identities and produce numerous value controversies between the parties. This situation is particularly reflected in some Balkan countries where ethnic minorities are not "bridges" between communities but are "quarrelsome" among communities. In such a situation is the Albanian minority in Serbia, who because of the conflicting past between the two nationalities, the Albanian and the Serbs, are victimized by preventing the right to learn their history, culture, tradition and their mother tongue. Thus the Serbian state, because of the past between the two nations and issues still open with the state of Kosovo, denies Albanians in Serbia using textbooks from this country. This form of approach reflects state policies on curricula and textbooks currently being implemented by the Albanian minority. In this paper we will explain the problems faced by the Albanian minority in Serbia in the field of education, respectively the problems of the lack of textbooks in Albanian language. We will present the causes and obstacles of the lack of school textbooks in Albanian language in Presheva Valley schools, strategies developed by various factors to solve this problem, implicated parties, legal rights issues and the possible solution of this problem.


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