scholarly journals CORRUPTION AS A VIOLATION OF THE RIGHT TO EDUCATION IN INDONESIA: A CONSTRUCTIVIST APPROACH

2018 ◽  
Vol 47 (3) ◽  
pp. 350
Author(s):  
Ratna Juwita
Keyword(s):  
Human Rights ◽  
Empirical Evidence ◽  
Negative Impact ◽  
Case Analysis ◽  
Case Law ◽  
Constructivist Approach ◽  
Right To Education ◽  
The Right ◽  
Human Rights Standards ◽  
The Relationship

This paper analyzes the relationship between corruption and realization of human rights in a specific case, the realization of the right to education by utilizing human rights standards concerning the right to education as the parameter of human rights realization. An Indonesian case law about corruption of Bantuan Operasional Sekolah funds in Malang is selected as primary legal data in this paper to provide empirical evidence one of the cases of corruption in education sector. Norm entrepreneurship as part of contructivist theory is selected to explain the phenomenon of emerging scholarly studies and discussion about corruption as a violation of human rights and this paper aims to draw the link between corruption and its negative impact to the realization of human rights in case analysis.

scholarly journals Legal Regulation of Relations in the Field of Education

2019 ◽  
Vol 8 (4) ◽  
pp. 9035-9038
Keyword(s):  
Human Rights ◽  
Migration Policy ◽  
Case Law ◽  
Legal Regulation ◽  
European Convention ◽  
Right To Education ◽  
National Education ◽  
Education Legislation ◽  
European Court ◽  
The Right

The article analyzes the specifics of ensuring the protection of the right to education in case-law decisions of the European Court of Human Rights. The authors have found that there are problems in the current education systems both in Europe and Russia. These problems are solved in accordance with the case law created by the European Court of Human Rights making decisions to ensure the right to education. The authors have noted the main violations committed by governments or governmental bodies in its implementation. The authors have shown the correspondence of the norms of national education legislation of a number of European countries to the provisions of the European Convention on Human Rights. In this regard, the authors have concluded that today, the right to education in European states is not always respected due to migration policy and in the future, relations in this area will deteriorate.

12. Education and work

2017 ◽  
Author(s):  
Coomans Fons
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Education ◽  
International Human Rights ◽  
Cultural Rights ◽  
Right To Work ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

This chapter discusses two human rights that belong to the category of economic, social, and cultural rights: the right to education and the right to work. It explains how the modern view of the nature of economic, social, and cultural rights can be applied to these rights. The chapter discusses the sources of the rights under international human rights law, their main features, and components; the obligations resulting from each right; and the relationship of each right with other human rights. Both rights are crucial for the ability to live a life in dignity and develop one’s personality.

scholarly journals Prawo do nauki. Prawa dziecka-ucznia

2019 ◽  
pp. 95-126
Author(s):  
Agnieszka Grzejdziak-Przybyłowicz
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
Compulsory Education ◽  
Case Law ◽  
Educational Process ◽  
School Life ◽  
Right To Education ◽  
Rights Of The Child ◽  
The Subject ◽  
The Right

The subject matter of this article was the right to education with a particular regard to the rights of the child being a pupil and his/her right to personal treatment in the teaching and the whole educational process, the right to the open and motivated assessment of the progress in learning, the right to impact the school life via local government activities, as well as the right to the freedom of conscience and religion, and the right to recognise and preserve the national identity in the teaching process. The issue of pupil’s responsibilities, and in particular compulsory schooling and compulsory education, have also been raised. The article defi ned the right to education and placed it among other acts of international law – the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms, the Declaration of the Rights of the Child, as well as the Convention on the Rights of the Child, known as the World Constitution of the Rights of the Child. In addition to the nature of the right to education, the subject matter of the consideration was also the principles and guarantees of its implementation, contained in the Basic Law. Their analysis led to the conclusion about the limited nature of the right of parents to bring up the child according to their own convictions, the implementation of which should be compatible with the welfare of the child and the constitutionally guaranteed right to receive education. An analysis of the regulations applicable in the prescribed scope statutory, and in particular in terms of universal and equal access to education have also been discussed. The refl ections presented in the article have been enriched with case law examples and judgments delivered by the European Court of Human Rights in Strasbourg, the Supreme Court, and the Common Courts. The analysis of the existing legal references, the doctrine, and the case law has allowed to reach a conclusion on the fundamental nature of the right to education, the implementation of which conditions the development of an individual and the full use of its rights.

Human Rights and Reproductive Choices in the Case-law of Italian and European Courts

2014 ◽  
Vol 21 (2) ◽  
pp. 123-140
Author(s):  
Alessia Valongo
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
Assisted Conception ◽  
Human Right ◽  
Medical Treatments ◽  
European Court ◽  
Legal Nature ◽  
The Right ◽  
The Relationship

Abstract The major issues regarding human fertilisation and embryology are addressed in a comparative perspective and in the light of relevant rulings of the European Court for Human Rights: the relationship between artificial procreation and parental responsibilities, the legal nature of the unborn child, the human right to reproduce and to have a healthy child. The article focuses on the key data of the latest Italian regulation regarding assisted conception, especially compared with British law. Particular attention is paid to the contribution given by recent European decisions to the protection of new human rights. National and international judgements ensure the right to private life and to health that are not always guaranteed by law. Converging developments in case-law panorama make the right to have children, to responsible procreation, to information about medical treatments, much less disharmonic realities than the Member States legislation suggests.

A discriminating education system: religious admission policies in Irish schools and international human rights law

2012 ◽  
Vol 20 (4) ◽  
pp. 603-623 ◽  
Author(s):  
Alison Mawhinney
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Right To Education ◽  
International Human Rights ◽  
Children And Parents ◽  
Admission Policies ◽  
International Human ◽  
The Right ◽  
Human Rights Standards ◽  
Insight Into

Irish equality legislation permits discrimination in favour of co-religionists in admission policies to state-funded schools. This article examines whether Irish policies and practice in the area of pupil admissions meet and satisfy international human rights standards. In doing so it draws on material from interviews with parents and a survey to schools to provide an insight into how religious admission polices impact on the lives and rights of individuals. It concludes that by providing exemptions from equality legislation to religious schools, in a situation where these schools are in a near-monopolistic position, the Irish State is disregarding its responsibility to protect the right to non-discrimination, the right to education and the right to freedom of religion of those children and parents who do not adhere to the ethos of these religious bodies.

scholarly journals THE RIGHT TO EDUCATION: CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

2019 ◽  
Vol 2 ◽  
pp. 128-132
Author(s):  
V.O. Pankratova ◽  
◽  
S.A. Lubenez ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Right To Education ◽  
European Court ◽  
The Right

scholarly journals The right to education: What is happening for disabled students in New Zealand?

2016 ◽  
Vol 36 (1) ◽  
Author(s):  
Alison Kearney
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Minority Groups ◽  
Right To Education ◽  
International Human Rights ◽  
Disabled Students ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right ◽  
Human Rights Standards

<p>New Zealand is a country of 4.2 million people with a record of meeting and often exceeding human rights standards, and of contributing to the development of international human rights treaties and covenants (New Zealand Human Rights Commission 2010). Despite this, exclusion both from and within education is a reality for some children from minority groups, and in particular, disabled students (Kearney, 2011; MacArthur, 2009; New Zealand Human Rights Commission, 2010). This paper examines disabled students' right to education in New Zealand, highlighting barriers to the realization of this right. Results from a survey of parents of disabled students who had been excluded and/or marginalized from school are reported and discussed in light of national and international literature.</p>

scholarly journals MEDICAL ASPECTS OF VIOLATION OF THE RIGHT TO LIFE IN THE CONTEXT OF THE EUROPEN COURT OF HUMAN RIGHTS CASE LAW

2020 ◽  
Vol 73 (12) ◽  
pp. 2785-2788
Author(s):  
Olga M. Voloshchenko ◽  
Olena A. Ustymenko
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Case Law ◽  
Medical Services ◽  
Right To Life ◽  
Legal Doctrine ◽  
European Court ◽  
Legitimate Interests ◽  
The Right ◽  
The Relationship

The aim: The purpose of the paper is to raise awareness of the medical services subjects in the issues of establishment of the relationship between their activities and harm to patients, analysis of the case law of the ECHR and provision of practical recommendations for the prevention of violations of Art. 2 of the Convention with subsequent compensation for non-pecuniary and pecuniary damage. Materials and methods: The authors used the judgements of the European Court of Human Rights (ECHR) on medical research, international regulatory acts, publications of scholars in the field of medical law and legal doctrine in terms of liability of medical services providers for the violation of Art. 2 of the Convention. Conclusions: Aiming to ensure proper legal protection of the rights and legitimate interests of subjects of medical care, the authors have developed recommendations on how to prevent cases of violation of the right to life during the provision of medical services.

scholarly journals Can the Polynesian Languages be Used in the Proceedings of the Assembly of French Polynesia?

2011 ◽  
Vol 42 (2) ◽  
pp. 299
Author(s):  
Alain Moyrand
Keyword(s):  
Human Rights ◽  
Case Law ◽  
French Polynesia ◽  
European Court ◽  
The Status ◽  
The Right ◽  
The Relationship ◽  
Polynesian Languages

In 2010 the European Court of Human Rights rejected a petition relating to the right to use a Polynesian language in the Assembly of French Polynesia. This article considers the relationship between the French Constitution and the Organic Law, relating to the status of French Polynesia, and the use of languages other than French in the proceedings of the Assembly of French Polynesia. The consequences of case law for the use of a Polynesian language in the Assembly of French Polynesia are also examined. The article concludes is that there is no right to use a Polynesian language in the French Polynesian Assembly, but that the use of Tahitian and other Polynesian languages is a long established practice of the Assembly and that their use in a number of limited cases does not render the proceedings in which they are used invalid.

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