scholarly journals The right to educational academic freedom in the context of modern pandemic threats

Author(s):  
I.M. Zharovska

The article focuses on human rights violations during the current pandemic of 2020. The COVID-19 pandemic has demonstrated a number of significant threats, including the right to education and the right to academic freedom of education at both the primary and higher professional levels. Discrimination in this area should be considered a primary shortcoming. In particular, this is due to problems in terms of content, method and fair assessment of the task, and the very real danger that some subjects of the educational process will be disadvantaged due to certain background, indirect phenomena. It is stated that after the COVID-19 pandemic, public authorities will have a new function, namely to be responsible for ensuring the right to education by encouraging schools and institutions to adapt their teaching and learning to new circumstances, supporting them in this matter and developing a framework to support educational services in areas particularly affected by the economic and social pandemic. It has been proved that tolerance of ambiguity, autonomous learning skills and analytical and critical thinking are some of the competencies in the model that can help students adapt to the uncertainties of current and future crises constructively and innovatively, avoiding pitfalls and radicalization, leading to violence or authoritarianism. Unused opportunities also play an important role. The information society on children's digital lives over the last decade has focused primarily on their safety and security in the digital environment, rather than to expand their capabilities through education or the acquisition of competencies for active participation in the digital society.

Author(s):  
Maluleka Khazamula Jan

For far too long, in all parts of the world, the most vulnerable members of society have been excluded from schools. All children, regardless of their physical, intellectual, social, emotional, linguistic, or other conditions, including disabled and gifted children, have the right to education and the relevant pedagogy of inclusion. The teaching methods used should accommodate all members of the society. People who are planning the teaching strategies should also know that people learn better when they do things. The purpose of this chapter is to determine how the theory of constructionism can be applied in the teaching and learning of students in the inclusive education. Information collected from literature on teaching and learning in inclusive education is critically analyzed through the theory of constructionism. Various theorists found that constructionism is relevant to an inclusive classroom since it encourages learning by doing.


2019 ◽  
pp. 274-304
Author(s):  
Andrew Murray

This chapter examines copyright issues from copying and distributing information from the internet. It considers the discussion focuses on how the internet has challenged the application and development of copyright law, considering web-copyright concerns such as linking, caching, and aggregating, citing Google Inc. v Copiepresse SCRL. It spends considerable time discussing the operation of the temporary eproduction right though key cases Infopaq International, and Public Relations Consultants Association v Newspaper Licensing Agency. The analysis then moves on to examine the communication to the public right created by the Copyright and Related Rights in the Information Society Directive, examining the application of the right through key cases such as Nils Svensson v Retriever Sverige, GS Media v Sanoma Media, and Stichting Brein v Ziggo BV.


2014 ◽  
Vol 3 (2) ◽  
pp. 209-247 ◽  
Author(s):  
Robert Quinn ◽  
Jesse Levine

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.


Author(s):  
Tetiana Motuz

The article analyzes the phenomenon of academic freedom of teachers in the context of democratization of the educational process. It is proved that the academic freedom of the general secondary school teacher is the basic principle of modern educational reform in Ukraine. Academic freedom of the teacher implies freedom and independence in the issues of teaching, research, education (advanced training). It is substantiated that the intensification of the implementation of the principles of academic freedom in the practice of teacher work is connected with the processes of the bureaucratization of national education (2014 – present), as well as the implementation of the Concept of the New Ukrainian School (2016). Among the key components of the New Ukrainian School is a motivated teacher who «has the freedom of creativity and develops professionally». The concept also emphasizes the interconnection of academic freedom of the teacher with real institution autonomy and decentralization of management, and the New Ukrainian School can be successful in effectively combining these two components. An important direction of the state policy on ensuring the freedom of professional activity of teachers, democratization of the management of the educational process was the process of debureaucratization, which began in 2014 and envisaged the release of pedagogical staff from reporting, not stipulated by the legislation, as well as the ability to independently choose information resources, materials, materials teaching. In exercising the teacher’s right to academic freedom, there is a possible conflict of interest that arises between the individual teacher and the general staff of the educational institution, whose rights are exercised through a self-governing body – the pedagogical council. The resolution of the conflict between the right of the institution of education to academic autonomy and the right of the teacher to academic freedom depends on socio-political, economic factors, but, as a rule, public, collective interest prevails.


2019 ◽  
Vol 12 (1) ◽  
Author(s):  
John R. Bourne ◽  
Janet C. Moore ◽  
Claudine SchWeber

n the 60 years since the Declaration, changes have swept higher education. The emergence of online education promises that growth in its quality, scale and breadth could insure that education becomes a right.Sloan-C research abundantly demonstrates that online education is effective for learning, especially for encouraging reflection, interaction, diversity and collaboration. It can take advantage of cost efficiencies, especially through curriculum redesign and shared resources. It provides access to more learners and more kinds of learners at their own chosen times and places.Although teaching and learning online may take more time and effort, the growth of online education in the United States to 20% of the entire college population shows that faculty and students readily engage online. Nevertheless, there is still tremendous potential for growth.


SASI ◽  
2021 ◽  
Vol 27 (2) ◽  
pp. 196
Author(s):  
Lucia Charlota Octovina Tahamata ◽  
Welly Angela Riry

Fulfilling of the Right to Education is a part of Human Rights. The right to education has become important in line with government policies to work from home during the Covid 19 pandemic. During the Covid-19 pandemic the learning process uses two learning methods, namely the online method and the offline method. Two learning methods are used for learning but the process has not been implemented optimally by both teachers and students, there are always obstacles faced. The purpose of this study was to determine and study the fulfillment of the right to basic education during the Covid 19 pandemic. The authors conducted research at the Department of Education and Culture of Elementary Schools and Junior High Schools in Ambon City using empirical research methods, data collection techniques through interviews and observations to students. Based on the results of the research conducted, the authors found that the distance learning system in schools in Ambon City was not optimal due to facilities and infrastructure and mastery of technology. which is still low. Fulfilling the right to education requires the involvement of all parties, namely the government, educators, students and parents to work together in the teaching and learning process during the Covid-19 pandemic. The government, educators, students and educational administering institutions at a practical level must strive to develop learning methods with good digital literacy skills so that they need to be improved through trainings using media for online learning for both educators, students and parents


2021 ◽  
Vol 11 (4) ◽  
pp. 67
Author(s):  
Isaiah Mmatipe Sefoka

This paper examines how educators are playing a dynamic role in ensuring the realisation of the right to quality education through their educational pedagogies. Teaching and learning have now become an essential tool in shaping the right to access quality education. The paper articulates the intervention by the judiciary through its pronouncements, laws, structures, policies and salient programmes in promoting the right to quality education. It emphasises the importance of capacitating educators with relevant expertise and knowledge so that they will impart that education to the learners. It also hints the importance of having good infrastructural amenities as they augment the delivery of the right to quality education. This paper emphasizes that jurisprudentially speaking, the right to education is inalienable and as such, it is incumbent on the government and institutions responsible for delivery of education to ensure that the right is promoted and always provided for. The paper adopted a non-empirical approach generally acceptable in legal research activities. It recommends that government must capacitate and empower educators as this will enable them to improve their pedagogic methods and as a result deliver an education of good quality and high standard.   Received: 21 December 2020 / Accepted: 8 April 2021/ Published: 8 July 2021


2003 ◽  
Vol 3 (1) ◽  
pp. 44-50 ◽  
Author(s):  
Laurence W. Bebbington

“If the Information Society is to be both open and universal it should develop along the principles embodied in the Universal Declaration of Human Rights. They are, among others, the right to freedom of expression, free access to information, the right to education and the right to participate in cultural life.’ (UNESCO 2000)


The article states that total and radical changes are taking place in society in all spheres, and legislative provision of the sphere of providing educational services in the field of higher legal education is gradually emerging; noted that the conceptual vision of the problem as a whole has not yet emerged; it is stated that human rights are on the surface of all social transformations, and the right among others belongs to the right to information, therefore the aspect of implementation and protection of personal data on the Internet, scientific substantiation, legal regulation of these rights and consolidation of their respective status are relevant; it was also noted that in the conditions of post-industrial society the issues of informatization of the Ukrainian educational space are very topical; it is a question that their decision should be made not only by dynamic methods of development of information educational environment, but also by search of new means, forms and ways of interaction of socio-cultural institutions (media and education), as well as support and evaluation of the effectiveness of the educational process in the conditions of information society; noted that today these tasks are intended to be solved by media education; formation of media competence directly concerns future jurists, since they are responsible for the transfer of knowledge and experience in practice, that is, consulting activities in the context of universal informatization; the issue of media competence of the future jurist is also being updated because the society is experiencing a discrepancy in the experience of interaction with the media in the older generation and young people; it is noted that, because of media creation, a teacher in higher education institution will be able to expand the students' view of future jurisprudence, about the media, to reveal the intellectual potential of modern information technologies and "media culture as a means for further continuous self-education"; it was stated that for a long time the portfolio was used only as an authentic evaluation of the results of the students' educational and professional achievements, but its possibilities are obviously much wider; "Web Portfolio" is a web-based resource that reflects the growth of the owner's educational or professional achievements; the value of such a web-portfolio is also evident in the issue of potential employment and in the self-presentation of oneself as a competent specialist, ready to live and work in the conditions of the information society; it was noted that the web portfolio should be put into operation of the institutions of higher education; indicated that there are also so-called "false portfolios", representing a specialist with no work experience, but with the available skills; stated that the issue of creating a web-portfolio is relevant for the higher education of future jurists; also noted that there is a danger of being "hostage" to the network and, in general, it is difficult to resist, counter, prevent and combat threatening challenges on the network.


2019 ◽  
pp. 6-26
Author(s):  
Mykhailo Savchyn

The state of academic freedoms in Ukraine has been influenced by prolonged stay of a significant part of Ukrainian lands within the Russian Empire and Soviet Union with alien rules and procedures to Ukrainian legal tradition. This post-colonial state with academic freedoms is also associated with a long-term ideological dictatorship in scientific researches. Academic freedom will be revealed in the context of modern constitutionalism as a continuum of creating and exchanging images, ideas, concepts, theories, and doctrines. In accordance with the principles of the rule of law and proportionality, the essential content, the structural elements of academic freedom and the degree of state interference in its enforcement are determined. There is a moral justification for human dignity as a self-sufficient value which is crucial to the interpretation of fundamental freedoms, including such a component of dignity as academic freedom. The rationing of academic freedom at the constitutional level has only a framework character through the fundamental principles of law, which determine the parameters of individual academic freedom, freedom of scientific activity and university autonomy. Their realization is carried out by exchanging and discussing ideas, theories, and doctrines and providing competition between them while exchanging socially significant information, which is the source of the dynamics of the development of academic freedoms. It has been revealed the role of the academic environment and competition in the market of ideas, theories and doctrines in the deepening and development of academic freedoms. In the light of this, the main positive obligations of the state are determined to facilitate the exercise of academic freedoms. In the light of this it has been identified the basic positive obligations of the state in order to assist in the implementation of academic freedom. The positive obligations of the state in the field of academic freedom include: supporting the infrastructure of higher schools, universities and scientific institutions; adequate budget funding for these institutions; control over the quality of training programs by their accreditation; facilitating introduction of innovations into educational process and implementation of research results. An important part of this process is respect for the dignity of the person who has the right to free development of his/her personality, protection of the results of his/her scientific research, provided by proper legal guarantees.


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