scholarly journals Edukacja osób niepełnosprawnych jako dobro wspólne na tle rozważań administracyjnoprawnych

2017 ◽  
Vol 105 ◽  
pp. 119-142
Author(s):  
Renata Raszewska-Skałecka
Keyword(s):  
Special Education ◽  
Educational System ◽  
Common Good ◽  
People With Disabilities ◽  
The State ◽  
Right To Education ◽  
Legal Subjectivity ◽  
The Right

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.

scholarly journals THE POWER OF STATE, THE RIGHT OF PARENTS, THE RIGHT OF THE CHILD – THE RIGHT TO EDUCATION AS THE RIGHT TO POSSESS CONTROL

2017 ◽  
Vol 31 (4) ◽  
pp. 7-32
Author(s):  
Magdalena Butrymowicz
Keyword(s):  
Public Schools ◽  
19Th Century ◽  
Educational System ◽  
Good Condition ◽  
The State ◽  
Economic Aspects ◽  
Right To Education ◽  
The Right ◽  
The 19Th Century ◽  
Historical Nature

Why does the state have power in the area of education over parents’ wishes? The first reason has already been explained above: these are financial and economic aspects. The second reason is of historical nature. The state has controlled education in general historically. When in the 19th century the idea of public schools was created, the state sponsored such schools. Private schools were in a good condition, since they had their own sponsors or proceeds from pupils’ tuitions. When they lost their self-sustainability, they had to request the state for some support. And, as mentioned above, the state had its interest in controlling the educational system, because it wanted to influence the upbringing process of its citizens and create an ideology, which would help to achieve the government’s goal.

scholarly journals The right to education between the content of the right and the obligations of the state-Algeria case study-

2022 ◽  
pp. 230-247
Author(s):  
فايزة سعيداني
Keyword(s):  
Educational System ◽  
Basic Education ◽  
Technological Development ◽  
The State ◽  
Access To Education ◽  
Right To Education ◽  
Legal Provisions ◽  
Legal Texts ◽  
The Right ◽  
Analytical Approaches

The right to education at the international and domestic levels has become the interest of several parties who are responsible and obliged to achieve and respect this right, by recruiting all relevant parties and the means available for this. Like other countries, Algeria has recognized this right since the date of independence and is enshrined in all successive constitutions. Where the constitutional founder recognizes the principle of free education, the principle of compulsory basic education, and the state is responsible for regulating the educational system and ensuring equal access to education, but these constitutional principles can only be effective if supported by the legal provisions governing and specifying the applicable provisions in order to achieve the exercise of this right, which has long been considered a fundamental requirement at the international and domestic level. Through this presentation, we have tried to ask how the legal text of the right to education is addressed and whether it was sufficient to meet the basic demands of the educational system in the light of globalization, technological development and digitization. In this context, it was necessary to address the various legal texts and various conventions that addressed the dedication and strengthening of the right to education at the international level and its results at the internal level, which is what we will address through this intervention, by addressing the analysis of the various Algerian legal texts related to the subject through the division of work into two main axes. The descriptive and analytical approaches have been relied upon to reach different results and solutions for improving the curriculum and the educational system in general.

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.

Hanna Yablonka, Yeladim beseder gamur: biyografiyah dorit shel yelidei haaretz 1948–1955 (Children by the Book, Biography of a Generation: The First Native Israelis Born 1948–1955). Rishon Letziyon: Miskal, 2018. 430 pp.

2021 ◽  
pp. 310-312
Keyword(s):  
Educational System ◽  
Historical Consciousness ◽  
The State ◽  
Historical Experience ◽  
One Dimensional ◽  
The People ◽  
Native Identity ◽  
The One ◽  
State Educational ◽  
The Right

This chapter examines Hanna Yablonka's Children by the Book, Biography of a Generation: The First Native Israelis Born 1948–1955 (2018). This book is unique in that it is neither politically committed to nationalist political slogans that are thrown daily into the arena of Israeli politics in the days of Netanyahu nor connected to the one-dimensional, sweeping condemnation of critics of the Israeli enterprise on the Right and Left. Instead, it suggests to set aside, even if only for a moment, what Yablonka calls “the current Israeli discourse, which furiously shatters everything that has happened in the state since it was established, brutally erasing all the achievements of Little Israel.” Yabonka is guided by Karl Mannheim's concept of a “historical generation”: a group in which there is a shared historical consciousness derived from historical experience. She shows how the state educational system fashioned the image of the new Israeli, endowing children with a local, native identity and imbuing them with the consciousness of belonging both to the people and to the land.

scholarly journals Violation of children's and adolescents’ rights – the profile of a southern state in Brazil

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 ◽  
...  
Keyword(s):  
Child Protective Services ◽  
The State ◽  
Childhood And Adolescence ◽  
Protective Services ◽  
Right To Education ◽  
Southern State ◽  
Education Professionals ◽  
Gender And Age ◽  
The Right ◽  
Education Culture

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.

scholarly journals Gestão da educação municipal nos sistemas e redes de ensino/educação tocantinenses: desafios na garantia do direito educacional no período da pandemia

2021 ◽  
pp. 1-22
Author(s):  
Rute Soares Rodrigues ◽  
Idemar Vizolli ◽  
Maria Solange Rodrigues de Sousa ◽  
Meire Lucia Andrade da Silva
Keyword(s):  
Information And Communication Technologies ◽  
Field Research ◽  
The State ◽  
Digital Information ◽  
Right To Education ◽  
National Union ◽  
Hybrid Education ◽  
Education Professionals ◽  
Face To Face ◽  
The Right

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.

scholarly journals Ensuring the right to education by state university’s funding programs

2021 ◽  
Vol 20 (3) ◽  
pp. 453-468
Author(s):  
Sergei A. Belov ◽  
◽  
Alexander A. Soloviev ◽  
Vyacheslav V. Suyazov ◽  
◽  
...  
Keyword(s):  
Higher Education ◽  
The State ◽  
State Universities ◽  
Right To Education ◽  
Higher Education System ◽  
Public Resources ◽  
Funding Programs ◽  
The Creation ◽  
Constitutional Right ◽  
The Right

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.

scholarly journals THE EDUCATIONAL POLICIES OF THE SERBIAN STATE TO THE ALBANIAN MINORITY IN SERBIA

2019 ◽  
Vol 32 (1) ◽  
pp. 129-136
Author(s):  
Liburn Mustafë Mustafa
Keyword(s):  
Mother Tongue ◽  
The State ◽  
Legal Rights ◽  
Right To Education ◽  
Contemporary World ◽  
The Past ◽  
Mother Country ◽  
International Rights ◽  
The Right ◽  
Culture Tradition

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.

Bedouin Sumud and the Struggle for Education

2017 ◽  
Vol 46 (4) ◽  
pp. 7-21 ◽  
Author(s):  
Michal Rotem ◽  
Neve Gordon
Keyword(s):  
The State ◽  
Social Production ◽  
Production Of Space ◽  
Right To Education ◽  
The Social ◽  
The Right ◽  
Planning Policies

The struggle between Zionists and Palestinian Bedouin over land in the Negev/Naqab has lasted at least a century. Notwithstanding the state's continuing efforts to concentrate the Bedouin population within a small swath of land, scholars have documented how the Bedouin have adopted their own means of resistance, including different practices of sumud. In this paper we maintain, however, that by focusing on planning policies and the spatio-legal mechanisms deployed by the state to expropriate Bedouin land, one overlooks additional technologies and processes that have had a significant impact on the social production of space in the Negev. One such site is the struggle over the right to education, which, as we show, is intricately tied to the organization of space and the population inhabiting that space. We illustrate how the right to education has been utilized as an instrument of tacit displacement deployed to relocate and concentrate the Bedouin population in planned governmental towns. Simultaneously, however, we show how Bedouin activists have continuously invoked the right to education, using it as a tool for reinforcing their sumud. The struggle for education in the Israeli Negev is, in other words, an integral part of the struggle for and over land.

SYSTEM OF ECONOMIC MEANS OF STATE ADMINISTRATION OF THE RIGHTS OF PEOPLE WITH DISABILITIES TO HEALTHCARE

2021 ◽  
Vol 7 (4) ◽  
pp. 101-107
Author(s):  
Liudmila Kozhura ◽  
Svitlana Zadereiko ◽  
Andrii Omelchenko
Keyword(s):  
Health Care ◽  
People With Disabilities ◽  
Economic Security ◽  
The State ◽  
Medical Services ◽  
State Management ◽  
State Administration ◽  
The Law ◽  
The Right ◽  
Economic Administration

At the current stage of the development of society the problem of social protection and state support for people with disabilities is particularly relevant and requires reform and improvement. Ukraine, as a country aspiring to join the European Union, should take into account the best foreign experience of the leading countries of the world in the field of state policy to support people with disabilities and its implementation. The process of reforming the national healthcare system demonstrated the ineffective policy in this area, the high level of corruption and the inability to transform this system to the level of world standards of medical care, especially for people with disabilities. The problem of disability in Ukraine is becoming particularly acute. The goal of this article is to investigate the system of economic means of state administration of the rights of people with disabilities to healthcare, to identify the areas of budgetary management and the formation of a new mechanism of economic administration. Scientific analysis was carried out by using the method of systematic approach and analysis, which enabled us to study theoretical aspects of economic methods of state administration of the right of people with disabilities to healthcare, formation of the budget management in Ukraine for the economic security of the rights to healthcare, and features of the new mechanism of the economic administration of the right of people with disabilities to health care. It has been researched that along with administrative methods of state management of the right to health protection of people with disabilities the economic group of methods is important. These include programs of economic development of health care, rehabilitation programs for people with disabilities, implementation of pilot projects to change the mechanism of financial support for operative treatment, etc. Methods of regulating influence (indirect management) are becoming increasingly important, and economical methods of management belong to them. Implementation ensures that the financial and material interests of the management objects are satisfied through the activities of its subjects, which create favorable conditions for achieving the goals and objectives of management. For example, local self-government bodies, within the limits of their competence, can finance local programs for the development and support of community healthcare institutions. In 2019, a new mechanism of rehabilitation support for children with disabilities was introduced based on the principle of "money follows the people", which should ensure targeting, transparency and improve the quality of rehabilitation services. Resources are divided vertically among regional bodies, which divide budgetary funds among local bodies in proportion to the number of children who require rehabilitation measures, according to the place of their residence (location). The national legislation also reflects the norms that created the conditions for the implementation of the right to work of people with disabilities, as well as ratified Convention on the Rights of Persons with Disabilities and the ILO Convention on professional rehabilitation. From the point of view of the Ministry of Healthcare of Ukraine, the funds allocated by the state are extremely insufficient for the uninterrupted functioning of the medical system. In its budget memorandum for 2021 the ministry has allocated twice as much – 296 billion UAH, 225 billion UAH of which for the implementation of the medical guarantee program (which is 5% of GDP, as required by the Law of Ukraine "On State Financial Guarantees of Medical Services to Population"). But the proposals of the Ministry of Health both at the time of formation of the state budget and at the time of its approval were not taken into account. The requirement of the Law of Ukraine "On State Financial Guarantees of Medical Services to the Population" for the establishment of financing of the program of medical guarantees at the level of 5% of GDP was lengthened for one more year.

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