scholarly journals The Realization of the Right to Education in Slovenia

Šolsko polje ◽  
2020 ◽  
Vol XXXI (3-4) ◽  
pp. 63-79
Author(s):  
Marjan Šimenc ◽  
Zdenko Kodelja

The article presents the realization of the right to education, as set out in the Convention on the Rights of the Child, in the Republic of Slovenia. At the outset, attention is drawn to the special status of the right to education, which is not only the right of children, but also adults. Moreover, the right to education is closely linked to the realization of all other rights. This article presents a general overview of the implementation of rights according to Articles 28 and 29 of the Convention. Then it outlines the problems with the implementation of the Convention in selected areas. The main points are related to the education of Roma children, the quality of knowledge, private education. The complexity of the problem of the realization of the rights of Romani children to education has been repeatedly pointed out in international RS reports on the implementation of the Convention. It is not so obvious, however, that the quality of the knowledge received by students in schools is also an aspect that should be considered from the perspective of the Convention. This article analyses the regulation of private schools: this is the area of education in Slovenia where the biggest normative and factual change has occurred in the period after the adoption of the Convention on the Rights of the Child. The analysis shows that the arrangement is such that it satisfies the requirements set forth in the Convention.

Author(s):  
V. Dorina

The article is devoted to ensuring the best interest of the child and his right to education. Attention is paid to the problems associated with the implementation of this right by various groups of children, depending on their social status and ethnic origin. The author draws attention to the implementation of the law under study in the context of the COVID-19 pandemic, which has exacerbated the problems of gender inequality, the quality of educational services, as well as access to them. The need for certain actions on the part of the state is indicated, in particular, making changes to the curricula to bring them in line with the recommendations of the UN Committee on the Rights of the Child in order to realize the right to education of the child from the standpoint of ensuring the best interest.


2020 ◽  
Vol 2 (2) ◽  
pp. 76-105
Author(s):  
Hijrah Lahaling

The fulfillment of the basic rights of children of Indonesian Migrant Workers (PMI) left by their parents to grow and develop has not been optimally fulfilled either physically, mentally, psychologically, or socially. The right to fulfill the children of Indonesian migrant workers includes the right to survival, the right to education and the right to health. Neglect of the fulfillment of these rights is not yet fully in accordance with the 1945 Constitution of the Republic of Indonesia, Convention on the Rights of the Child, Law No. 6 of 2012, and Law No. 35 of 2014. This will certainly endanger the welfare and survival of PMI children in accordance with the principles of human rights. This research aims to formulate the fulfillment of the basic rights of children of Indonesian migrant workers in accordance with the principles of human rights.


Author(s):  
Florian Matthey-Prakash

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.


Author(s):  
Richard Siaciwena ◽  
Foster Lubinda

As a member of the United Nations, Zambia is committed to the observance of human rights enshrined in the Universal Declaration of Human Rights of 1948. This is evidenced, among others, by the fact that Zambia is a signatory to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Zambia has a permanent Human Rights Commission that includes a subcommittee on child rights whose focus is on child abuse and education. Zambia also has a National Child Policy and National Youth Policy whose main objectives are to holistically address problems affecting children and youth. This paper focuses on the progress and challenges currently facing Zambia and the role of open and distance learning in addressing those challenges.


2020 ◽  
Vol 62 (2) ◽  
pp. 199-215
Author(s):  
Anne Egan

Maintaining a relationship between parents and children following the breakdown of a marriage or relationship can be fraught with difficulties, particularly where acrimony exists between parents. This article explores the right of a non-custodial parent to have access to their child under Irish law and discusses the results of an interview-based study undertaken by the author using qualitative research methods. The interviewees in the study included practitioners as well as separated, divorced and unmarried fathers and mothers who outlined their views on access and the study found that the majority of non-custodial parents had some level of access to their child. The article further outlines the author’s experience of successfully applying to attend family court as a bona fide researcher and discusses some of the results of observations in those courts which reinforced the results of the interview-based study. Article 9(3) of the United Nations Convention on the Rights of the Child (CRC) states that in the event of separation of parents, it is the right of the child to maintain personal relations and contact with both parents. Article 7(1) of the Convention further supports the right of a child to be cared for by his or her parents. These articles have proved useful for fathers’ rights campaigners who advocate that they should have more contact with their children post-separation. The Convention, however, while ratified by Ireland, has not yet been incorporated into Irish law. The article concludes by examining whether the incorporation of the Convention would advance the rights of Irish children to maintain a relationship with their parents, unless such a relationship would be contrary to the children’s best interests. In light of this, this article examines the proposed wording of the Constitutional Referendum on Children which was published in early 2010 and assesses what impact the passing of such a referendum would have on children’s rights in Ireland.


2017 ◽  
Vol 38 (1) ◽  
pp. 527-543
Author(s):  
Jadranko Jug

This paper deals with the problems related to the legal position of honest and dishonest possessors in relation to the owner of things, that is, it analyses the rights belonging to the possessors of things and the demands that possessors may require from the owners of things to whom the possessors must submit those things. Also, in contrast, the rights and requirements are analysed of the owners of things in relation to honest and dishonest possessors. In practice, a dilemma arises in defi ning the essential and benefi cial expenditure incurred by honest possessors, what the presumptions are for and until when the right of retention may be exercised for the sake of remuneration of that expenditure, when the statute of limitations expires on that claim, and the signifi cance of the provisions of the Civil Obligations Act in relation to unjust enrichment, management without mandate and the right of retention, and which provisions regulate these or similar issues. The answers to some of these dilemmas have been provided in case law, and therefore the basic method used in the paper was analysis and research of case law, especially decisions by the Supreme Court of the Republic of Croatia. The introduction to the paper provides the basic characteristics of the concept of possession and possession of things, and the type and quality of possession, to provide a basis for the subsequent analysis of the legal position of the possessor of a thing in relation to the owner of that thing.


Author(s):  
MISHA TADEVOSYAN

The developments of the penitentiary system and the ever-growing needs for humanization in this area pose a number of new tasks to penitentiary institutions, which are generally aimed at creating conditions for acquiring skills for the offenders’ resocialization. This requirement includes guarantees for the realization of the right to education in the penitentiary system and the provision of continuing education. From this point of view, it is also necessary to study the personal attitude of convicts towards education. Accordingly, this article presents some of the results of the author's research conducted in the penitentiary institutions of the Republic of Armenia. The results relate to attitudes and beliefs about education in two main areas (learning purpose and attitudes, learning process and courses)


2012 ◽  
Vol 8 (15) ◽  
Author(s):  
Tatik Mei Widari

AbstractViolation much going against the rights of children, government attention is needed in the fulfillment of Human Rights on the right to education of children in Child Penitentiary. Embodiment of the fulfillment of the right to education in Child Correctional Institution is required to support the empowerment of human resources in the future as a pillar of development and life. Article 9 paragraph (1) of Act No. 23 of 2002 states that every child has the right to obtain education and teaching in the context of personal development and level of intelligence in accordance with their interests and talents. This is one of the fundamental importance of education of children in prisons who should still be considered by all parties, both government and society itself. The substance which covers the definition of child described in various laws and regulations vary nationally and internationally by the Convention on Rights of the Child among others, every human being under the age of 18 years unless another set that applies to children determined that early adulthood is achieved. Constraints faced in fulfilling Correctional Institution Children Educate Children education Correctional rights, namely the substance of the Act, the interests and obligations related institutions, students in prisons that are not motivated, infrastructure (facilities construction), Lecturer and staff, quality program development, cooperation and coordination, funding, child welfare and community. Keywrods : student in prisont, education right


2020 ◽  
Vol 55 (2) ◽  
pp. 82-91
Author(s):  
Marina Milić Babić ◽  
Marina Hranj

Palliative care for children means active, complete care on physical, psychological, social and spiritual levels, and it includes collaboration and active work with the family. Palliative care for children lasts during the period of illness and continues after the death of the child in the form of expert assistance to the family in their grief. Such care follows the principles of individual, holistic, transdisciplinary and biopsychosocial-spiritual approaches that come together in promoting the quality of life of a child and his or her family. Numerous legal sources are the starting point for defining palliative care for children as a fundamental human right to health care, as well as for defining basic actions within this fundamental right. The right to palliative care includes rights from different systems, and collaboration and linking of different disciplines are needed in order to meet the needs of the child and his family. The aim of this paper is to present crucial knowledge in the field of palliative care for children and to examine how this right is implemented and legally regulated in the Republic of Croatia.


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