scholarly journals Ideological illusions, human rights and the right to education: the in(ex)clusion of the poor in post-apartheid education

2016 ◽  
Author(s):  
Anne Becker ◽  
Petro du Preez
Keyword(s):  
Human Rights ◽  
Student Teachers ◽  
Social Consequences ◽  
Open Spaces ◽  
Right To Education ◽  
The Poor ◽  
Quest For Meaning ◽  
Funded Project ◽  
Global Concern ◽  
The Right

Against the background of global concern about the political and social consequences of human rights, this article uses an ideological lens to explore the (non)existence of the right to education in South Africa. We argue that post-apartheid education actively (re)normalises the in(ex)clusions of the poor in education within neo-liberal capitalist human rights frameworks. Data from the NRF funded project Human Rights Literacy: A quest for meaning (Roux, 2012) indicate that student-teachers are aware of the ideological illusion presented in the Real and contrasting educational realities. We conclude by arguing for the need to assume common responsibility for the in(ex)clusions of the poor in education. The importance of human rights literacies cannot be underestimated in this regard. Human rights literacies open spaces in which student-teachers in common responsibility can engage with issues such as poverty and in(ex)clusions in education.

The Global Rise of Social Cash Transfers

2018 ◽  
Author(s):  
Lutz Leisering
Keyword(s):  
Human Rights ◽  
Social Security ◽  
International Organizations ◽  
Cash Transfers ◽  
Social Citizenship ◽  
Human Beings ◽  
Sociological Approach ◽  
The Poor ◽  
Social Cash Transfers ◽  
The Right

The Universal Declaration of Human Rights (1948) proclaimed the equality of all human beings in dignity and rights. The right to social security, however, has been taken more seriously only since the 2000s, through calls for ‘Social security for all’ and ‘Leaving no one behind’. The book investigates a major response, social cash transfers to the poor. The idea of simply giving money to the poor had been rejected by all major development organizations until the 1990s, but since the early 2000s, social cash transfers have mushroomed in the global South and on agendas of international organizations. How come? What programmes have emerged in which countries? How inclusive are the programmes? What models have international organizations devised? Based on unique quantitative and qualitative data, the book takes stock of all identifiable cash transfers in all Southern countries and of the views of all major international organizations. The author argues that cash transfers reflect broader changes: new understandings of development, of human rights, of global risks, of the social responsibility of governments, and of universalism. Social cash transfers have turned the poor from objects of charity into rights-holders and agents of their own lives and of development. A repertoire of cash transfers has evolved that has enhanced social citizenship, but is limited by weak political commitments. The book also contributes to a general theory of social policy in development contexts, through a constructivist sociological approach that complements the dominant approaches from welfare economics and political economy and includes a theory of social assistance.

The Right to Education in India

2019 ◽  
Author(s):  
Florian Matthey-Prakash
Keyword(s):  
Private Education ◽  
The State ◽  
Legal Empowerment ◽  
Right To Education ◽  
The Poor ◽  
Potential System ◽  
Education In India ◽  
Alternative Means ◽  
Education Act ◽  
The Right

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.

scholarly journals The Role of Open and Distance Learning in the Implementation of the Right to Education in Zambia

2008 ◽  
Vol 9 (1) ◽  
Author(s):  
Richard Siaciwena ◽  
Foster Lubinda
Keyword(s):  
Human Rights ◽  
Distance Learning ◽  
Right To Education ◽  
Youth Policy ◽  
Child Rights ◽  
Rights Of The Child ◽  
Child Policy ◽  
Open And Distance Learning ◽  
The Right

As a member of the United Nations, Zambia is committed to the observance of human rights enshrined in the Universal Declaration of Human Rights of 1948. This is evidenced, among others, by the fact that Zambia is a signatory to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Zambia has a permanent Human Rights Commission that includes a subcommittee on child rights whose focus is on child abuse and education. Zambia also has a National Child Policy and National Youth Policy whose main objectives are to holistically address problems affecting children and youth. This paper focuses on the progress and challenges currently facing Zambia and the role of open and distance learning in addressing those challenges.

The Implications of TRIPs ’ Criminal Provisions on Copyright Exception for Education in Ethiopia: A Critical Approach from a Human Rights Perspective

2021 ◽  
Vol 29 (2) ◽  
pp. 263-287
Author(s):  
Sileshi B. Hirko
Keyword(s):  
Human Rights ◽  
Tertiary Education ◽  
Developed Countries ◽  
Critical Approach ◽  
Right To Education ◽  
Learning Materials ◽  
Criminal Sanctions ◽  
Copyright Exception ◽  
Limitations And Exceptions ◽  
The Right

It is undisputed that education is instrumental both for socio-economic development and the enjoyment of other fundamental human rights. In particular, a tertiary education is very critical for less developed countries (LDCs) such as Ethiopia where education is considered a vital tool for sustainable development. Nonetheless, a quality tertiary education depends, inter alia, upon sufficient access to most copyrighted learning materials through a balanced copyright system with adequate room for flexibility. In fact, the tension between copyright protection and the right to education is integral to the global debate between intellectual property and human rights regimes. Despite its compelling socio-economic needs and its human rights obligation that dictate a broader room for flexibility, Ethiopia has adopted a very restrictive copyright system with a narrow set of limitations and exceptions (L&Es) for education. Further, both its copyright and criminal laws prescribe severe criminal sanctions for any act of copyright infringement. In so doing, Ethiopia has taken a legislative approach that exacerbates the problems related to both TRIPs’ implementation and access to learning materials. In the absence of a concrete step to rethink the approach, the effective utilisation of the constrained exception for education will be further undermined by TRIPs’ criminal enforcement in disregard of the socio-economic contexts of the country.

Right to Education in Mother Language

2021 ◽  
pp. 223-241
Author(s):  
Nima Norouzi ◽  
Hussein Movahedian
Keyword(s):  
Human Rights ◽  
Mother Tongue ◽  
The Other ◽  
Right To Education ◽  
International Human Rights ◽  
Linguistic Rights ◽  
Government Institutions ◽  
International Human ◽  
The One ◽  
The Right

The right to use one's mother language is affected by examining the nature of this right in the international human rights system. Speaking of linguistic rights requires examining this right in the context of general human rights and the rights of minorities. On the one hand, the right to use one's mother tongue is rooted in the “right to be different,” which itself is inspired by human dignity, and, on the other hand, because the linguistic rights of the majority are better guaranteed than the linguistic rights of the minority. This chapter examines the right to use one's mother tongue in the minority system; therefore, language rights can be divided into two approaches based on tolerance, which prohibits any interference with the choice of language and its use by governments, as well as an extension-based approach that seeks to protect the right to use language in various fields such as education, court, public arena, and government institutions.

21. The Right to Education

2017 ◽  
Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Andclare Ovey
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Right To Education ◽  
Religious Symbols ◽  
The Right

This chapter examines the protection of the right to education in the European Convention on Human Rights (ECHR), discusses the provisions of Article 2 of the Protocol 1, and highlights the Strasbourg Court’s recognition of the connection of the right to education with the rights protected by Articles 8 to 10 of the Convention. It examines the developments concerning parents’ philosophical convictions and issues concerning religious symbols in the classroom.

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.

Intellectual-Human Rights Defenders and Claims for Academic Freedom under Human Rights Law

2014 ◽  
Vol 3 (2) ◽  
pp. 209-247 ◽  
Author(s):  
Robert Quinn ◽  
Jesse Levine
Keyword(s):  
Human Rights ◽  
Academic Freedom ◽  
Human Rights Law ◽  
Right To Education ◽  
The Right

Human rights claims arising out of attacks on intellectual-human rights defenders (hrds), if brought, typically do not include claims for violations of academic freedom. As a result the standards are underdeveloped relative to other human rights claims and the scope of academic freedom violations globally. This may be in part due to a negatively reinforcing lack of familiarity with issues of academic freedom and the available standards for protection among human rights advocates, and in part to the fact that attacks on academic freedom often manifest as violations of other rights under which claims are brought (e.g. wrongful detention or torture). This article argues that existing human rights law would sustain claims for violations of academic freedom as independently and interdependently derived from the rights to freedom of opinion and expression and the right to education. The article argues that including academic freedom claims in such cases has the benefit of providing an additional basis for relief while strengthening the claim for relief on a manifested violation by providing evidence of motive and intent. Including academic freedom claims also has the independent value of addressing the wider harms to the claimant-victim and society that result from attacks on intellectual expression and are not reached by relief on the manifested violation alone, including harms to a claimant-victim’s creative, intellectual or expressive work, and widespread chilling effects on creativity, teaching, publication and the free exchange of ideas in society.

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