scholarly journals IMPACT OF COVID CRISIS ON CHILD’S RIGHT TO EDUCATION

Author(s):  
Barbara Preložnjak

The right to education is regulated by norms of many international and regional documents. It includes many rights and plays an important role in the "all-round development of man" and its scope: physical, emotional, ethical, aesthetic, intellectual, professional, civic and international. The right to education is not the exclusive right of children. It is first and foremost the right of children and is essential for children's development. Therefore, it is generally accepted that educational opportunities should be equal for children. Unfortunately, the right to education has been severely curtailed in a short period of time due to the COVID -19 pandemic. According to UNESCO, 191 countries have temporarily closed national or local schools to contain the spread of COVID -19. This has resulted in school-age children being unable to receive basic education. This situation is particularly difficult for children from dysfunctional or disadvantaged families. Some families do not have internet, computers or books. Some parents cannot help them with homework because of educational or language limitations. All these unequal educational opportunities limit schooling. On the way to eliminate inequality in access to education and protect children from rights violations, the author will discuss whether Rawls' principle of fairness provides a good basis for the government to take action to eliminate unequal opportunities for education.

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 28 (1) ◽  
pp. 33
Author(s):  
Cristiane Machado ◽  
Edson Francisco de Andrade

O presente artigo tem como objetivo analisar as injunções da legislação educacional no movimento de democratização do direito à educação no Brasil. À luz da literatura da área, concebe-se a democracia e a ação colaborativa como fundamentos basilares tanto à garantia de direitos aos cidadãos, quanto à efetivação de incumbências por parte do Poder Público. Aborda-se, inicialmente, o advento da educação básica como nova configuração organizativa das etapas e modalidades de ensino obrigatórias no país. Em seguida, analisa-se os dispositivos legais que modificam, especificamente, o Título III da Lei de Diretrizes e Bases da Educação Nacional – LDBEN, nº 9.394/1996, Do Direito à Educação e Do Dever de Educar. Os resultados do estudo reconhecem a expansão e diversificação da oferta da educação básica como construto favorável à garantia do direito à educação. Foi possível também inferir que a delimitação da obrigatoriedade e da gratuidade do ensino, ao período dos 04 aos 17 anos de idade, conforme consta na letra da lei, ao mesmo tempo em que estabelece o interstício ideal para a efetivação Do Direito à Educação, também oferece margem interpretativa para eventual flexibilização Do Dever de Educar por parte do Poder Público. Com efeito, a defesa da educação como direito humano fundamental, além de demandar o cumprimento da incumbência Estatal, constitui, sobremaneira, corresponsabilidade a ser protagonizada pela sociedade civil organizada.Palavras-chave: LDBEN/1996; Direito à educação; Dever de educar; Democratização do ensinoDEMOCRATIZATION OF THE RIGHT TO BASIC EDUCATION IN BRAZIL: some considerationsAbstractThis article aims to analyze the injunctions of educational legislation in the movement to democratize the right to education in Brazil. In the light of the literature in the area, democracy and collaborative action are conceived as basic foundations both in guaranteeing citizens' rights and in carrying out tasks on the part of the government. Initially, the advent of basic education is approached as a new organizational configuration of the stages and modalities of compulsory education in the country. Then, the legal provisions that specifically modify Title III of the Law of Directives and Bases of Education are analyzed National - LDBEN, nº 9.394 / 1996, From the Right to Education and the Duty to Educate. The results of the study recognize the expansion and diversification of the offer of basic education as a construct favorable to guaranteeing the right to education. It was also possible to infer that the delimitation of mandatory and free education, from 4 to 17 years of age, as stated in the letter of the law, while establishing the ideal interstice for the realization of the Right to Education, also it offers an interpretive margin for eventual flexibility of the Duty to Educate by the Public Power. Indeed, the defense of education as a fundamental human right, in addition to demanding compliance with the State's mandate, is, above all, co-responsibility to be played by organized civil society.Keywords: LDBEN / 1996; Right to education; Duty to educate; Democratization of educationDEMOCRATIZACIÓN DEL DERECHO A LA EDUCACIÓN BÁSICA EN BRASIL: algunas consideracionesResumen Este artículo tiene como objetivo analizar los mandatos de la legislación educativa en el movimiento para democratizar el derecho a la educación en Brasil. A la luz de la literatura en el área, la democracia y la acción colaborativa se conciben como pilares básicos tanto en la garantía de los derechos ciudadanos como en el desempeño de las tareas de gobierno. Inicialmente se aborda el advenimiento de la educación básica como una nueva configuración organizativa de las etapas y modalidades de la educación obligatoria en el país, luego se analizan las disposiciones legales que modifican específicamente el Título III de la Ley de Directrices y Bases de la Educación. Nacional - LDBEN, nº 9.394 / 1996, Del derecho a la educación y el deber de educar. Los resultados del estudio reconocen la expansión y diversificación de la oferta de educación básica como un constructo favorable para garantizar el derecho a la educación. También se pudo inferir que la delimitación de la educación obligatoria y gratuita, de los 4 a los 17 años, como se establece en la letra de la ley, al tiempo que se establece el intersticio ideal para la realización del Derecho a la Educación, también ofrece un margen interpretativo para una eventual flexibilización del Deber de Educar por parte del Poder Público. En efecto, la defensa de la educación como derecho humano fundamental, además de exigir el cumplimiento del mandato del Estado, es, ante todo, una corresponsabilidad de la sociedad civil organizada.Palabras clave: LDBEN / 1996; Derecho a la educación; Deber de educar; Democratización de la educación


2020 ◽  
Vol 6 (2) ◽  
pp. 149
Author(s):  
Ayobami Samson Joshua

The government shall direct its policy towards giving to the citizens equal and adequate educational opportunities at all levels. Although, not classified as a fundamental right, this constitutional prescription remains at the forefront of the basic objectives of the Nigerian government; yet, despite this laudable objective, the Northern region of Nigeria has a consistent record of low enrolment rate of indigenous pupils in schools, thereby creating a noticeable disparity between the North and South of Nigeria in terms of education. It is against this background that this paper discusses the evolution, incidences and enabling circumstances of Boko Haram terrorism in Nigeria and its effects on education, particularly in the areas affected. The purpose of this paper is to discuss the long term consequences of the Boko Haram terrorism on the right to education, as guaranteed by the 1999 constitution, in the affected areas of Nigeria. The paper traces the origin and factors that aided the Boko Haram terrorism. It also considers the extent of the effectiveness of the response of the Nigerian government in tackling the problem. The findings prove that, although the response of the government has been active, yet it has not been effective in curtailing the terrorist activities. This has negatively impacted on education in the affected areas of the Northern Nigeria. The paper suggested measures to address the problem.


Author(s):  
Chiedza Simbo

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.


2018 ◽  
Vol 26 (4) ◽  
pp. 639-648 ◽  
Author(s):  
Aisosa Jennifer Isokpan ◽  
Ebenezer Durojaye

This case note focuses on the justiciability as well as the impact of corruption on the realisation of the right to basic education. Through an assessment of the decision of the ECOWAS Court in SERAP v. Nigeria, it emphasises the role of states in ensuring that corrupt activities of government officials or third parties do not affect the enjoyment of the right. It equally emphasises the role of the Nigerian courts in ensuring a justiciable right to education.


Author(s):  
Luthfi Widyantoko

This paper discusses the rights of the poor and marginalized in obtaining the right to education as one of the basic human rights. This paper is based on the condition that the urgency of educational development is one of the top priorities in the national development agenda. Educational development is very important because of its significant role in achieving progress in various fields of life: social, economic, political, and cultural. Therefore, the Government is obliged to fulfill the rights of every citizen in obtaining education services in order to improve the quality of life of the Indonesian people as mandated by the 1945 Constitution, which requires the Government to be responsible in educating the life of the nation and creating public welfare. The lack of equal distribution of education in Indonesia is a classic problem which until now there has not been any strategic steps from the government to handle it. This paper confirms that the achievement of the right to education in Indonesia has not been achieved and is motivated by several key factors, among government policies. In addition, human resources and infrastructure are also one of the causes of unequal access to education in Indonesia.


2020 ◽  
Vol 34 (4) ◽  
pp. 356-386
Author(s):  
Ali Mohamed Aldabbas ◽  
Kamal Jamal Alawamleh ◽  
Worud Jamal Awamleh

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.


2020 ◽  
Vol 12 (21) ◽  
pp. 9091
Author(s):  
Luis Miguel Lázaro Lorente ◽  
Ana Ancheta Arrabal ◽  
Cristina Pulido-Montes

There is a lack of concluding evidence among epidemiologists and public health specialists about how school closures reduce the spread of COVID-19. Herein, we attend to the generalization of this action throughout the world, specifically in its quest to reduce mortality and avoid infections. Considering the impact on the right to education from a global perspective, this article discusses how COVID-19 has exacerbated inequalities and pre-existing problems in education systems around the world. Therefore, the institutional responses to guaranteeing remote continuity of the teaching–learning process during this educational crisis was compared regionally through international databases. Three categories of analysis were established: infrastructure and equipment, both basic and computer-based, as well as internet access of schools; preparation and means of teachers to develop distance learning; and implemented measures and resources to continue educational processes. The results showed an uneven capacity in terms of response and preparation to face the learning losses derived from school closure, both in low-income regions and within middle- and high-income countries. We concluded that it is essential to articulate inclusive educational policies that support strengthening the government response capacity, especially in low-income countries, to address the sustainability of education.


2019 ◽  
Vol 8 (3) ◽  
pp. 2094-2099

Gross Enrollment Ratio (GER) has witnessed a significant improvement in primary education in Odisha; thanks to the Right to Education (RTE) Act and Sarva Shiksha Abhiyan (SSA) initiative. While Odisha lags behind the better performing states like Kerala, Tamil Nadu& Maharashtra in terms of infrastructure and enrolment, the overall quality remains dismal as per the independent survey of Annual Status of Education Reports (ASER). The paper brings out how an extremely alienated section of the society receives the tender care of inclusive education and empowerment in a centre called Kalinga Institute of Social Sciences (KISS) in Odisha, which can form a templates for emulate, all over the country. The paper laments the tendency to outsource, basic education, which is a merit good, to the private sector, which can at best cater to the needy of the affluent few. There is a need to significantly bolster public allocation to primary education, invest it with the highest priority for capability development in future to improve India’s HDI. The quest for high growth rates, must give way to inclusive growth, which puts a premium on public investment quality teaching through suitable training, pedagogical training, IT familiarity of the teachers


Author(s):  
Firman Umar ◽  
Nur Syarif Ramadhan

This study aims to determine: (1) The fulfillment of basic rights to education for Persons with Disabilities in Makassar based on Local Regulation Makassar City No. 6 of 2013, (2) Obstacles encountered in obtaining the basic right of education of persons with disabilities in the city of Makassar, (3 ) the right solution to overcome the obstacles encountered in obtaining the basic right of education of persons with disabilities in the city of Makassar. This research is a study that used a qualitative descriptive approach, which is where the primary data source being informers are students with disabilities the high school level, students with disabilities S1, officials of Education Department of Makassar, members of Parliament of Makassar, the Management Organization disabilities, Pembina NGOs and Parents persons with disabilities. The data collection procedures used were interviews and documentation. While the analysis of the data used is descriptive analysis. The results showed that: (1) Makassar City Government has sought the fulfillment of the basic right to education for persons with disabilities in the city of Makassar. it is evidenced with the local regulations require every institution in which education in the city of Makassar to provide opportunities for persons with disabilities to education. The effect of the presence of these regulations is at the moment with disabilities have been able to attend school at any educational institutions both at school SLB, Regular schools and universities. (2) they encountered several obstacles that obtained with disabilities in getting the right to education that is still no educational establishments are not willing to accept persons with disabilities to attend regular schools, educational facilities are not accessible for persons with disabilities and there are educators at regular schools who do not understand in dealing with students with disabilities. (3) to overcome these obstacles, the government should socialize more about the policies that guarantee basic rights of education of persons with disabilities in educational institutions that are still not willing to accept students with disabilities. In addition, the government should identify the persons with disabilities who attend regular school, then allocate the budget for the procurement of infrastructure and training of educators in dealing with students with disabilities in regular schools and universities.


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