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.

21. Article 2, First Protocol: The right to education

2018 ◽  
Author(s):  
David Harris ◽  
Michael O’Boyle ◽  
Ed Bates ◽  
Carla Buckley
Keyword(s):  
Higher Education ◽  
Human Rights ◽  
Private Schools ◽  
The State ◽  
European Convention ◽  
Right To Education ◽  
Children And Parents ◽  
The Right ◽  
The Way

This chapter discusses Article 2 of the First Protocol of the European Convention on Human Rights, which guarantees the right to education. Article 2 extends to all forms of education provided or permitted by the state–primary, secondary, and higher education, as well as to private schools and universities. The right to education consists of a variety of rights and freedoms for children and parents. These mostly belong to the pupil or student, but parents do have certain rights of their own under Article 2 about the way in which their child is educated.

scholarly journals Human rights and the public interest: in search of balance

2021 ◽  
pp. 179-185
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Public Interest ◽  
Well Being ◽  
The State ◽  
Right To Education ◽  
The Public ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

Modern processes of globalization in some way shake the established notions of human rights, and therefore their interpretation and content may be limited or expanded contrary to the regulations of the highest legal force. This creates conflict not only in the legal field, but also in society as a whole. It is emphasized that the most effective and less conflicting will be the norm, the content of which fully reflects both public and individual interest, the norm, in the process of interpretation and implementation of which the social value of law is achieved. What does it mean? That the right in the understanding of the official expression of norms should be only those provisions that ensure the well-being and development at the level of personal and public interest, guarantee and do not violate human rights. It is noted that the value of the right for the individual is that it is able to meet the human need for freedom and establishes a certain order of its use. The value of law for the whole society is manifested in the fact that the law guarantees security, order and harmonization of social relations, integrity and solidarity of society. Human rights and freedoms in the state, its interests should not be opposed to the rights and freedoms of others. At the same time, along with universally recognized human rights and freedoms, there are generally recognized restrictions on most of them. This raises the question of the objectively determined need to define boundaries and their criteria in the process of exercising one’s rights and freedoms. An analysis of legal practice in the context of finding a balance of public and private interest on the example of the constitutional right to education. The conclusion is that education is both a constitutional right and a duty and is not subject to any restrictions, and the state must ensure that education is accessible to all. In the process of ensuring the public interest, the state should apply permissible legal mechanisms to motivate a person to implement certain norms, such as persuasion, not coercion, encouragement, not the threat of punishment. Otherwise, it will lead to discrimination in the exercise of the rights and opportunities provided by the Constitution and the freedom to exercise them. And the establishment of the necessary restrictions provided by international legal instruments must be based on the principles of necessity, justice, legality, equality of rights and freedoms. Keywords: human rights, right to education, discrimination, equality, public interest.

scholarly journals Trajetórias indígenas na universidade: O direito ao ensino superior no Rio de Janeiro

2020 ◽  
Vol 28 ◽  
pp. 73
Author(s):  
Kelly Russo ◽  
Edson Araújo Diniz
Keyword(s):  
Higher Education ◽  
Rio De Janeiro ◽  
Field Work ◽  
The State ◽  
Indigenous Populations ◽  
Private Institutions ◽  
Right To Education ◽  
Public And Private ◽  
Indigenous Students ◽  
The Right

This article aims to discuss the access and permanence of indigenous students in higher education, based on a field work conducted with young people of different ethnicities, university students from public and private institutions in the state of Rio de Janeiro. Through a work of historical revision on the right to education of the indigenous populations in the country, the analysis of documents and interviews conducted to students, we verified the need to improve the entry process and the conditions of permanence of these students, executing and making feasible an expansion of public affirmative action policies aimed at the inclusion of indigenous populations in higher education in the state of Rio de Janeiro. 

scholarly journals Realization of the human right to education in quarantine conditions: Ukrainian realities

2020 ◽  
Vol 8 (4) ◽  
pp. 8-18
Author(s):  
Natalia Mykolayvna Kalyniuk ◽  
Keyword(s):  
Distance Learning ◽  
Civil Rights ◽  
Infectious Diseases ◽  
Local Governments ◽  
Emergency Situation ◽  
The State ◽  
Right To Education ◽  
The Law ◽  
Constitutional Right ◽  
The Right

It is substantiated that one of the effective ways to protect human and civil rights in Ukraine is a synergistic combination of mechanisms of state power to protect these rights and freedoms. The article is devoted to the problem of realization by a person of the constitutional right to education in the conditions of quarantine restrictions. In general, the current legislation on protection of the population from infectious diseases is not properly applied in Ukraine. It is emphasized that the availability of education as a constitutional guarantee of the realization of the right to education on the principles of equality defined by Art. 24 of the Constitution of Ukraine is that no one can be deprived of the right to education, and the state must create opportunities for the exercise of this right. The problematic aspects of the implementation of the constitutional right to education in the conditions of quarantine established in the state and the approved anti-epidemic measures for the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 are considered. The shortcomings of the current legislation regulating the implementation of the individual and the right to education in the context of the COVID-19 pandemic are highlighted. It is established that the legal grounds for the introduction of an emergency situation in Ukraine are the Law of Ukraine "On Ensuring the Sanitary and Epidemic Welfare of the Population" and the Law of Ukraine "On Protection of the Population from Infectious Diseases". However, neither the Law of Ukraine "On Ensuring the Sanitary and Epidemic Welfare of the Population" nor the Law of Ukraine "On Protection of the Population from Infectious Diseases" can provide the Cabinet of Ministers of Ukraine with restrictions on constitutional rights and freedoms under Article 64 of the Constitution. restrictions only in case of martial law or state of emergency. The mechanisms of realization by a person of the constitutional right to education in the conditions of established quarantine restrictions are clarified. Distance learning has been studied as the only possible alternative to the usual mode of attending secondary schools. It is proved that currently in schools there is no opportunity, time, funds for the organization of system and technical support of distance learning, therefore, the only possible form of education is to visit schools in the usual way. In addition, we draw your attention to the fact that before the beginning of the school year, education authorities at both regional and regional levels, local governments, which under current law are required to comply with the orders of the executive body implementing policy in the field of protection health in the context of preventing the spread of infectious diseases and the application of anti-epidemic measures, checking the readiness of educational institutions to work in quarantine realities. Schools are sufficiently provided with individual and collective protection. This allows them to operate and provide educational services to students.

scholarly journals Guaranteeing the Right to Attend Higher Education of Vulnerable Groups and Minorities

2021 ◽  
Vol 11 (5) ◽  
pp. 182
Author(s):  
Klodjan Skënderaj ◽  
Naim Tota
Keyword(s):  
Higher Education ◽  
The State ◽  
Vulnerable Groups ◽  
Practical Implementation ◽  
Right To Education ◽  
University Admission ◽  
Domestic Legislation ◽  
The Individual ◽  
The Right ◽  
The University

The right to education is a fundamental right of the person, which is recognized and guaranteed in Albania by international acts and domestic legislation. The right to education is a positive right, which not only must be recognized but it obligates the State to take all measures to enable its realization. However, this right is not an absolute right, which means that the State has the obligation to guarantee the right to education up to the 9-year system, while it is at the discretion of the individual to attend or not the secondary and higher education. The right to access education in the university system can be conditioned by a series of criteria set in laws and bylaws. This paper will analyze the innovations and conditions in the criteria provided by the law “On higher education” and its bylaws regarding university admission of students belonging to vulnerable groups such as minorities by combining the theoretical analysis with the practical implementation of these criteria.   Received: 14 June 2021 / Accepted: 4 August 2021 / Published: 5 September 2021

scholarly journals Governance of Somali Tertiary Education Systems: A Case Study in Complexity

2021 ◽  
Vol 12 (1) ◽  
pp. 353-359
Author(s):  
Abdiqani Ahmed Farah
Keyword(s):  
Higher Education ◽  
Educational System ◽  
Tertiary Education ◽  
The State ◽  
Education Systems ◽  
Higher Education System ◽  
New Graduates ◽  
Post Conflict ◽  
The Government ◽  
The Right

            Governance of Tertiary Education Systems (TES) in Somalia and how the system of coordination described by Clark (1983) which tries to introduce order of the three dominating forces of educational system: “the state, the market and oligarchy”, is examined in this paper. How comparatively Higher Education Systems (HES) is structured, or inadvertently coordinated, arranged and rearranged since the formal Higher Education (HE) has been introduced into Somali nation state will also be examined from a vantage point of whether this trend is in line with other nations’ conventional TES. In the first twenty years, the dynamic system of coordination, which according to Clark introduces order into the three dominating forces of the Somali educational system, could not have been possible, as only the state owned and bank-rolled all Higher Education Institutions (HEI) that existed at the time. Thus the “academic oligarchy and the market” took a secondary role. The incentive of job guarantees for the new graduates by the authority made difficult to estimate the ‘quality of the education’, which in turn, could have compromised their ability and efficiency in their professional contexts. In post-conflict Somalia, the higher education system has dramatically increased with over one hundred universities now open throughout the country with no or little regulations. This time round though, the other two educational forces, the market and oligarchy are playing pivotal roles while that of the government has disappeared. Over the years since the collapse of the state in 1991, the national government’s influence decreased ceding so much higher education space, to the five Federal Member States (FMSs). Thus, the situation fits with Clark’s dynamic model showing that it is a system capable of reflecting upon ongoing change within the overall socio-political situation. What seems to be developing in the Somali higher education context therefore, is a system in which each force is autonomous with no clear goals shared within the larger structure. As for tertiary education in general, complemented by the rapidly changing world of work, the consensus is 'Having the right qualifications, in the right subjects, from the right institutions' that will benefit all sectors of the economy. It is with that in mind that the disparity between the way in which HE is delivered and the world of work is also examined in this paper. If this important complementarity is not analyzed in the current situation of Somalia, it could pose huge problematic consequences for tertiary education in the country. It is the case that HEIs did not give deserved attention to job market demands as they hardly study that to better serve the needs of employers. collaborative initiatives between the Ministry of Education and Higher Education (MoEHE) and the private sector to support HE is being examined in the final part of this paper.

La juventud rural en Colombia: estudio crítico sobre el acceso a la formación académica superior

2016 ◽  
Vol 9 (14) ◽  
pp. 166-181
Author(s):  
Elvis Pinzón Laitón
Keyword(s):  
Higher Education ◽  
Time Lapse ◽  
The State ◽  
Media Education ◽  
Rural Sector ◽  
Life Project ◽  
Life Styles ◽  
The Right ◽  
Public Politics

El escrito demuestra que los(as) jóvenes del sector ru- ral, con relación a la educación superior, requieren de una pronta y justa atención por parte del Estado para ayudarlos(as) a superar las dificultades que afrontan una vez terminan la educación media, de modo que no vean frustrado el desarrollo de su proyecto de vida. Enfatiza en la importancia de la formulación y ejecución de polí- ticas públicas claras y adecuadas a las necesidades de los egresados de aquellos municipios distantes a las universi- dades, caso específico los de Tununguá, Boyacá, Colom- bia. Defiende la educación como el medio más importante para el desarrollo del sector rural en el país; esto implica cobertura, ayuda económica, orientación a las familias y compromiso del (la) joven para hacer parte de procesos formativos a nivel profesional en el campo de conocimien- to de su preferencia, y de esta forma acceder a otros estilos de vida para su familia, en el marco de un país que recono- ce el derecho a la igualdad.The writing shows that the young’s of the rural sector in relation to higher education, require a prompt and fair attention of the state to help to overcome the difficulties they face once, they finish their media education studies, frustrating the development of the life project, of each teenage, which is built in this time lapse. It focuses on the importance of the formulation and execution of clear public politics suitable to the necessity of the graduates of those towns distant of the universities as is the specific case of Tununguá (Boyacá, Colombia). It defends the ed- ucation line the most suitable media for the development of the rural sector in our country. It implies coverage, economic help, orientation to the families and commit- ment of the young to make part of formative processes at professional level in the knowledge field the student selects and on this way to get other life styles for their families inside the framework of a country that promul- gates the right to equality. 

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.

ACTUAL ISSUES OF THE STATE LANGUAGE TEACHING

2021 ◽  
Vol 4 (6) ◽  
pp. 43-47
Author(s):  
Xalima Yuldasheva ◽  
Keyword(s):  
Higher Education ◽  
Education System ◽  
Language Teaching ◽  
Language Education ◽  
The State ◽  
Higher Education System ◽  
Future Leaders ◽  
Human Spirituality ◽  
State Language ◽  
Formal Style

This article analyzes the current issues of teaching the state language and solutions of teaching problems. Especially in the system of higher education, the meaning of scientific methodsand terms is revealed that bring students closer to the language of their specialization. Particular attention is paid to the importance of language education for the development of human spirituality and the improvement of methods of teaching languages. The higher education system prepares not only qualified specialists,but also future leaders. Future leaders will need to master and master formal style literacy. Therefore, a deep study of the official style -the Munshaot language is required. It is important to pay attention to documents that belong to a person, institution, enterprise

Unfulfilled Promise: Palestinian Family Reunification and the Right of Return

2016 ◽  
Vol 45 (3) ◽  
pp. 24-39
Author(s):  
Nabila El-Ahmed ◽  
Nadia Abu-Zahra
Keyword(s):  
United Nations ◽  
Family Reunification ◽  
The State ◽  
Early Years ◽  
Successor State ◽  
Palestinian Refugees ◽  
Right Of Return ◽  
The Family ◽  
The Creation ◽  
The Right

This article argues that Israel substituted the Palestinian refugees' internationally recognized right of return with a family reunification program during its maneuvering over admission at the United Nations following the creation of the state in May 1948. Israel was granted UN membership in 1949 on the understanding that it would have to comply with legal international requirements to ensure the return of a substantial number of the 750,000 Palestinians dispossessed in the process of establishing the Zionist state, as well as citizenship there as a successor state. However, once the coveted UN membership had been obtained, and armistice agreements signed with neighboring countries, Israel parlayed this commitment into the much vaguer family reunification program, which it proceeded to apply with Kafkaesque absurdity over the next fifty years. As a result, Palestinians made refugees first in 1948, and later in 1967, continue to be deprived of their legally recognized right to return to their homes and their homeland, and the family reunification program remains the unfulfilled promise of the early years of Israeli statehood.

Sign in / Sign up

Export Citation Format

Share Document