scholarly journals Legal problems of ensuring equal conditions for realization the constitutional right to education

2018 ◽  
Vol 2 (4) ◽  
pp. 30-42
Author(s):  
A. Matnenko
Keyword(s):  
Selection Process ◽  
Developed Countries ◽  
School Education ◽  
Right To Education ◽  
Education Inequality ◽  
The United Kingdom ◽  
Foreign Countries ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

The subject of the paper is legal conditions for realization the constitutional right to education.The purpose of the paper is to confirm or disprove the hypothesis that legal measures of realization of the right to education that are used in developed foreign countries can be used in Russia to improve Russian educational legislation.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The author also uses the formal legal interpretation of Russian judicial decisions as well as comparative legal method.The main results and scope of their application. The court decisions supporting the principle of territorial consolidation of schools indicate that this principle does not exclude the possibility of citizens not residing in the fixed territory to enter the school of their choice. However, the implementation of this feature, due to the lack of legislative regulations of the procedure, can cause bias, corruption and other abuses of constitutional right to education. Inequality children’s opportunities to enter the school due to their place of residence persists in the individual selection process. Situations where there are no clear and consistent rules for the provision school education inevitably generates numerous violations of citi-zens' rights and inequality based on the financial situation of parents. In Russia, there is no "waiting list", when children wishing to enroll in a particular school, would be taken to the vacant place. Accordingly, the adoption of such decisions by school administrations also lies in the plane of subjective discretion and causes corruption risks. China's experience is interesting because there are transparent, equal conditions for legal attraction of extra-budgetary funds to the school system, which do not turn access to education in the best schools into a corruption scheme or competition of parents ' incomes and do not infringe the rights of those who seek to enter them on the basis of their own achievements and knowledge. Speaking about the British experience, it is interesting to note that the lack of vacancies in the school itself can not be a reason for refusing to enroll a child in school.Conclusions. The legal experience of developed countries, such as the United Kingdom, Germany, Austria, Japan, China, in regulating the grounds and procedures for the provision of school education can be successfully applied in order to improve the Russian legislation, which establishes the legal mechanisms for the implementation of the constitutional right to education.

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.

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.

COMPARATIVE ANALYSIS OF LABOR ORGANIZATION AS A FACTOR OF CONVICTS` CORRECTION IN FOREIGN COUNTRIES

2021 ◽  
pp. 137-140
Author(s):  
Анна Владимировна Мусалева ◽  
Никита Алексеевич Кубасов
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Developed Countries ◽  
Forced Labor ◽  
Penal System ◽  
Labor Protection ◽  
Labor Discipline ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Right

В статье рассмотрен такой инструмент исправления осужденных, как общественно полезный труд, который в Российской Федерации на законодательном уровне признан одним из эффективных инструментов исправления наряду с другими основными средствами исправительного воздействия. В работе в том числе рассматриваются проблемы принудительного труда осужденных. Авторы раскрыли порядок и условия организации привлечения к трудовой деятельности лиц, содержащихся в пенитенциарных учреждениях зарубежных стран. В статье проводится сравнительный анализ особенностей содержания, условий привлечения к труду осужденных в зависимости от вида пенитенциарного учреждения различных государств, организации работы осужденных, а именно оплаты труда, продолжительности трудовой деятельности, норм охраны труда, реализации права на отдых и социального обеспечения. Авторы помимо этого обобщают опыт трудовой дисциплины осужденных в пенитенциарных системах ряда развитых в экономическом и социальном плане государств. Изучая опыт зарубежных стран по привлечению заключенных к труду, представляется возможным перенять некоторые важные особенности, которые могут быть частично внедрены в отечественную уголовно-исполнительную систему. The article considers such a tool for the correction of convicts as socially useful work, which in the Russian Federation at the legislative level is recognized as one of the effective tools of correction along with other basic means of correctional influence. The article also deals with the problems of forced labor of convicts. The authors revealed the procedure and conditions for organizing the employment of persons held in places of forced isolation from the society of penitentiary institutions of foreign countries. The paper provides a comparative analysis of the features of the content, conditions for the employment of prisoners, depending on the type of penitentiary institution in different states, the working methods of prisoners, namely, remuneration, duration of work, labor protection standards, the exercise of the right to rest and social security. The authors also summarize the experience of labor discipline of prisoners in the penitentiary systems of a number of economically and socially developed countries. Studying the experience of foreign countries in attracting prisoners to work, it is possible to adopt some important features that can be partially implemented in the domestic penal system.

Jordan’s Commitment towards Compulsory and Free Basic Education as a Constitutional Right: An Analytical Field Study

2020 ◽  
Vol 34 (4) ◽  
pp. 356-386
Author(s):  
Ali Mohamed Aldabbas ◽  
Kamal Jamal Alawamleh ◽  
Worud Jamal Awamleh
Keyword(s):  
Public Schools ◽  
Focus Group ◽  
Field Study ◽  
Quantitative Assessment ◽  
Basic Education ◽  
International Standards ◽  
Drop Out ◽  
Right To Education ◽  
Constitutional Right ◽  
The Right

Abstract This study examines the extent to which Jordan is committed to principles of compulsory and free basic education, by analyzing legislation in light of constitutional and international standards regarding the right to education. Methodology includes quantitative assessment of these principles using a questionnaire distributed to students and their teachers in a number of public schools in three Jordanian governorates. Three focus group sessions composed of students and their teachers were held. The study suggests that, whilst the Jordanian Constitution has explicitly adopted such principles, Jordanian law yet includes provisions that diminish providing free basic education to all children of compulsory age and that mitigate the number of students who drop out of school. This study proposes amending the title of Chapter II of the Constitution and Article 20 to ensure that all children living in Jordan enjoy the right to education.

„PACIJENTOVO PISMO“ KAO PRAVNI OSNOV ZA PRIMENU PASIVNE EUTANAZIJE

2021 ◽  
pp. 211-229
Author(s):  
Aleksandra Pavićević ◽  
Keyword(s):  
Living Will ◽  
Self Determination ◽  
Foreign Countries ◽  
Prolongation Of Life ◽  
The Subject ◽  
Constitutional Right ◽  
The Right ◽  
The Relationship ◽  
Domestic Law ◽  
Dying Patient

The subject of the paper is the relationship between the duties of physicians and other medical professionals towards the dying patient (as a provider of medical services) and the patient's right to personal choice and preservation of his own right to self-determination in relation to body and life, which is a special subjective civil right. The author discusses the legal-medical (but also ethical) issue of the patient's ability to freely decide not to agree to a medical measure of artificial prolongation of life or suspension of already started measures. The issue is examining the limits of the so-called permissibility of “passive euthanasia”, which is indirectly recognized in domestic law by the Law on Patients' Rights and the legal basis for its application in one particular modality, the so-called "Patient letter" (living will) which is an established legal instrument in some foreign legislation and practice. Analyzing the experience of some foreign countries, the author supports the introduction of such an institute - as a kind of anticipated directives in domestic law, referring to the patient's constitutional right to self-determination, which embodies the supreme good, even more valuable than (unwanted) life. Such a solution is in line with the principle of human will autonomy, freedom to dispose of life as a personal good, and potentially a reflection of the so-called "the right to die", which is the reverse of the right to life

Religious Symbolism and Conscientious Objection in the Workplace: An Evaluation of Strasbourg's Judgment in Eweida and others v United Kingdom

2013 ◽  
Vol 15 (2) ◽  
pp. 191-203 ◽  
Author(s):  
Mark Hill
Keyword(s):  
United Kingdom ◽  
Same Sex ◽  
Same Sex Couples ◽  
Religious Symbolism ◽  
The United Kingdom ◽  
European Court ◽  
Domestic Courts ◽  
A Chain ◽  
The Individual ◽  
The Right

The judgment of the European Court of Human Rights in Eweida and others v United Kingdom1 related to two pairs of cases.2 The first pair concerned a British Airways check-in clerk and a nurse, each of whom complained that dress codes at their respective places of work prevented them from openly wearing a small cross on a chain around their neck. In the second pair, a registrar of marriages and a relationship counsellor refused to offer their respective services to same-sex couples on the basis that homosexual acts were incompatible with their religious beliefs. Having failed to obtain relief in the domestic courts, all four applicants took their claims to Strasbourg, which heard oral argument last September. Judgment was pronounced on 15 January 2013. This Comment considers the broad thrust of the judgment, particularly the threefold manner by which the Court has clarified and embedded the right to freedom of religion, the practical outcome in the individual cases, and the likely effect of the judgment upon future litigation in the domestic courts of the United Kingdom.

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 LEGAL FRAMEWORK IN THE FULFILMENT OF RIGHT TO EDUCATION AS CONSTITUTIONAL RIGHT OF CITIZENS IN BORDER AREA OF NUNUKAN-NORTH KALIMANTAN PROVINCE (Comparison Study and Legal Framework of Right to Education of Citizens in Border Area of Indonesia-Sabah, Malaysia)

2017 ◽  
Vol 2 (2) ◽  
pp. 159
Author(s):  
Yahya Ahmad Zein ◽  
Aditia Syaprillah ◽  
Arif Rohman
Keyword(s):  
Model Comparison ◽  
Legal Framework ◽  
Border Region ◽  
Right To Education ◽  
Border Area ◽  
Policy Model ◽  
Constitutional Right ◽  
The Government ◽  
The Right ◽  
Area Management

The issues was found based on research results in the first year of the model of the fulfillment of the right to education as a constitutional right of citizens in the Nunukan-North Kalimantan Province. The research addresses the policies and models of the fulfillment of the right to education there are still various weaknesses, especially related to the implementation of policies has been contained in the Local Regulations, even worsened by the neglect of border area management principles based on the fulfillment of the right to education that will break the poverty chain, and will strengthen the orientation of border area management based on the welfare of the people. This is of course very interesting when compared to Malaysia's neighboring state Sabah in the fulfillment of the right to education concerning the availability, affordability, acceptance, and conformity of education.The main issues be discussed in this study are how is comparative policies and how os comparison of the framework in the fulfillment of the right to education as a constitutional right of citizens in the border region of Nunukan Indonesia and Sabah Malaysia.this research is a comparative law study so that it will provide a new policy model of border area management based on the fulfillment of the right to education.The results of this study conclude that the Malaysian government's policy of opening and developing the port of Tawau at the end of the 19th century and the port of Tawau is the third major destination in Sabah after Kota Kinabalu and Sandakan as evidence that the management of its border areas using the prosperity approach has brought prosperity to Malaysian citizen who is on the border of his country and this is directly proportional to the strengthening of human resources through the Infrastructure and quality of education of his country. The results of the Model comparison indicate that there are significant differences in the fulfillment of the right to education as a constitutional right of citizens in the border regions of Nunukan Indonesia and Sabah Malaysia in terms of the conditions of educational infrastructure and access to education information. Affordability of school locations and systems that facilitate the process towards educational facilities.Availability of quality education standards for citizens and the availability of adequate teachers at every level of education.The aim of this research is not only for the development of science, especially the knowledge of Indonesian border region, but also contributes as a reference for the government related to the policy of border area management in Indonesia, particularly the reference for Local Govenrmment of Nunukan.

RUSSIAN FEDERATION CADAVERIC ORGAN DONORSHIP LEGAL REGULATION FEATURES

2019 ◽  
pp. 16-24
Author(s):  
Elena Mikhaylovna Nesterova
Keyword(s):  
Legal Regulation ◽  
Presumed Consent ◽  
Advantages And Disadvantages ◽  
Legitimate Interest ◽  
Foreign Countries ◽  
Study Experience ◽  
Cadaveric Organ ◽  
The Individual ◽  
The Right ◽  
Legal Mechanism

The limits of the disposal of one’s own body, individual organs and tissues are not clearly regulated by law, and therefore there are many difficulties in legal realization. Especially problematic is the use of organs after death for another person. In the case of various personal (somatic) rights, despite the lack of a full legal mechanism of their action, you can always starting out from the will of the individual, his individual rights. However, after the death loss of the ability of this volitional aspect and expression of their legitimate interest. We reveal the features and problems of personal (somatic) human rights in the key of cadaveric organ donorship. We analyze current Russian legislation and these norms application practice, we note shortcomings and imperfections of legal regulation of the area of organs removal after the death of a person. In addition, we investigate the religious and dogmatic nature content of acts for the relation to transplantology. We pay particular attention to the presumed consent analysis on removal of organs after death. Also we note the advantages and disadvantages of such a legislative setting. Conclusions about the such rights protection options are formed and the need to create an effective mechanism for the realization of the right of each participant in such relations is emphasized. Based on some foreign countries study experience, we propose an options for the development and improvement of cadaveric donation regulation.

Art.26 Habilitation and Rehabilitation

2018 ◽  
Author(s):  
Bickenbach Jerome ◽  
Skempes Dimitrios
Keyword(s):  
Independent Living ◽  
Health Condition ◽  
Rehabilitation Services ◽  
Physical And Mental Health ◽  
Right To Education ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
Services And Supports ◽  
The Individual ◽  
The Right

This chapter examines Article 26 of the United Nations Convention on the Rights of Persons with Disabilities, which reaffirms the relevance of rehabilitation as a means for the full enjoyment of the right to the highest attainable standard of physical and mental health, the right to employment, the right to education, and the right to independent living of persons with disability. The focus of the article is on access to rehabilitation services and programmes. Article 26 addresses both rehabilitation and habilitation to mark the distinction between services and supports that return an individual to a situation of independence, ability, inclusion, and participation—such as would be experienced prior to an injury or the onset of a health condition—as well as services and supports that bring the individual to maximal independence—in the case of children born with congenital impairments.

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