TRANSFORMATION OF HUMAN RIGHTS FROM THE STANDPOINT OF CULTURE, LEGAL EDUCATION AND DUTIES OF THE CITIZEN

Keyword(s):  
2017 ◽  
Vol 33 (2) ◽  
pp. 45
Author(s):  
Katie Spillane

Around the globe, clinical legal education [CLE] narratives resonate with a desire to promote social justice and the vindication of human rights. Yet scholarship exploring CLE’s accomplishment of these aims is scant and generally focuses only on student outcomes. This literature appears to be based not on theory and results, but hope: the hope that changed students will change the world. To invest on hope alone is unwise, particularly when all stakeholders face financially precarious times. In this context, this article argues that the existing focus on student outcomes is disproportionate and unhelpful. The existing narrow focus on student outcomes marginalizes other stakeholders and creates significant blind spots in program evaluation. This article proposes a broader analysis that would ask what value systems and power distribution CLE programs themselves create or reinforce, focusing on both the immediate impact of CLE programming and reinforcing the values human rights education seeks to inculcate by incorporating these into the structure of CLE programs themselves. Aux quatre coins du monde, le discours sur l’enseignement juridique clinique est empreint d’une soif de promouvoir la justice sociale et de défendre les droits de la personne. Pourtant, les travaux des universitaires portant sur l’atteinte de ces objectifs sont rares et se concentrent généralement sur les résultats touchant les étudiants. Ces écrits semblent fondés non pas sur des théories et des résultats mais sur l’espoir : l’espoir que des étudiants transformés transformeront le monde. Miser sur l’espoir seul est une erreur, surtout quand tous les intervenants sont aux prises avec la précarité financière. Dans ce contexte, l’auteure de cet article soutient que les efforts actuels ciblés sur les résultats touchant les étudiants sont disproportionnés et inutiles. Ce ciblage étroit marginalise les autres intervenants et crée de gros angles morts dans l’évaluation des programmes. Dans son article, l’auteure propose une analyse élargie qui pose la question de savoir quels systèmes de valeurs et quelle répartition des pouvoirs les programmes d’enseignement juridique clinique créent ou renforcent, l’accent étant mis sur les répercussions immédiates de ces programmes et sur le renforcement des valeurs que l’éducation aux droits de la personne humaine semble inculquer par l’intégration de ces valeurs dans la structure même des programmes en question.


2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Leah Ndimurwimo ◽  
Leonard Opara

Internally displaced persons are people who are uprooted from their social, economic, cultural and educational environment and made squatters or homeless within the jurisdiction of their own country. They consequently have no permanent place of abode. Internal displacement therefore becomes a situation that deprives individuals of access to justice and leads to violations of the human rights of categories of citizens. For example, women, children and the elderly are more vulnerable and lack social-economic assistance from their loved ones and family support because of their internal displacement. Their situation denies them access to justice from several perspectives, such as being in a state of despair, instability and uncertainty. This article examines the ways in which the domestication of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa of 2009 (the Kampala Convention) and clinical legal education can be used to promote access for internally displaced persons to justice and basic human rights. In this regard, the article further analyses access to justice for internally displaced persons through the teaching methodology of clinical legal education in African legal jurisprudence. Finally, the article recommends the involvement of legal clinicians and other practitioners as advocates of internally displaced persons’ access to justice, respect for human rights and the rule of law as a requirement for the domestication of the Kampala Convention by Member States in Africa.


2018 ◽  
Vol 25 (3) ◽  
pp. 23-52
Author(s):  
Yvette Maker ◽  
Jana Offergeld ◽  
Anna Arstein-Kerslake

The Disability Human Rights Clinic (DHRC) was established at Melbourne Law School, the University of Melbourne, in 2015.  Its supervisors and students conduct legislative and policy reform projects as well as strategic litigation. The DHRC was created by Anna Arstein-Kerslake to address a significant lack of resources in community-based organisations to undertake in-depth legal analysis. It uses an innovative model of clinical legal education to harness the skills of law students to fill that gap and to expose a new generation of lawyers to the emerging field of disability human rights law. In this article, we draw on our experiences running the DHRC to argue that the model it establishes can create significant scholarly output in the human rights field, direct engagement with the community, and rich doctrinal and experiential learning for students.


Author(s):  
V. V. Komarova

The article covers the activities of the Commissioner for Human Rights in the Russian Federation in the field of political rights. The current dynamic of the institution of political rights is emphasized not only by increasing the powers to exercise constitutionally enshrined political rights and by numerically increasing of the group studied, but also by broadening their objectives, for example, maintaining trust in authority. The author concludes that the prevention of risks in the field of political rights through legal education in the field of human rights, raising the level of legal awareness of citizens today is a relevant and necessary activity of the Commissioners for Human Rights in Russia. Ultimately, their educational activities — at first glance, indirect in terms of political rights, should be aimed at restoring confidence in public authority. Trust is the base for the sustainable development of the Russia and civil society, which is the basis for an active living position, manifested primarily in the field of political rights. On the base of the analysis of sectoral legislation, was formulated proposals for its reform and directions of activities within the stated topic.


2021 ◽  
Vol 43 (4) ◽  
pp. 375-382
Author(s):  
Michał Paździora

The article is divided into two parts. In the first part, I present the main assumptions of foundationalism and, using selected examples from general reflection on law, reconstruct related strategies of justifying claims. Then, I discuss the anti-foundationalist method of justifying the universalism of human rights. Referring to the arguments of Hannah Arendt and Alessandro Ferrara, I give the example of the Holocaust as the so-called point of no return, whose exemplary validity justifies the idea of human rights without the need to refer to substantive human dignity. In the second part of the article, I use the anti-foundationalist argument to build a conception of anti-authoritarian legal education. The proposed concept of education based on a collaborative, democratic, nonhierarchical, and pluralistic discussion of historical examples should complement traditional legal education.


2021 ◽  
Vol 9 (3) ◽  
pp. 1-5
Author(s):  
Aleksandr Red'ko

The modern society of the Russian Federation is faced with the massive incompetence of specialists in various fields of activity and branches of knowledge. The situation reached such a climax that a person and a citizen began to be openly afraid to get sick, to turn to law enforcement or human rights bodies, to delve into the essence or content of laws in the event of any kind of tort. Setting ourselves the goal of understanding such destructive processes for the state, as well as the ways of their counteraction, we came to the conclusion that these phenomena of objective reality are associated with both external and internal causes, and one of the ways to eliminate them may be recognition and the development of the right of active citizens and civil society to legal initiative. Considering that the sphere of research interests was in the plane of law, it became possible to conduct a study in the field of legal awareness and legal education, which does not exclude the possibility of using the identified positive and negative aspects for other spheres of human and citizen's life.


Sign in / Sign up

Export Citation Format

Share Document