scholarly journals Universal and regional mechanisms for the protection of human rights

Author(s):  
M. Dei ◽  
I. Pushchyk ◽  
I. Kudra ◽  
A. Polyatsko ◽  
D. Bidiuk

The article reveals the question of the universal and regional protection mechanisms of human rights aspects of the fight against slavery, protect the rights of children in situations of armed conflict, ensuring the right to education of children with special educational needs and protection of the right to work of women. The purpose of this article is to carry out a comprehensive analysis of mechanisms for the right regulation of protection and guarantees of labor rights of women, violation of human rights in the aspects of the slave trade, protection of the rights of children in conditions of armed conflict, the provision of the right of people with special educational needs and the impact on the development of Ukrainian legislation.

2020 ◽  
Vol 4 (4) ◽  
pp. 209-226
Author(s):  
GORDANA STANKOVSKA ◽  
IMRAN MEMEDI

A child is a member of a vulnerable group in societies. Children's rights are equal for all children and they cannot be denied, because they are a birthright. However, throughout the world, children with disabilities and their families constantly experience a barrier in regard to the enjoyment of their basic human rights and to their inclusion in society. Their abilities are overlooked, their capacities are underestimated and their needs are given low priority. The barriers they face are more frequently a result of the environment in which they live rather than a result of their impairment. The situation began to change only when requirements to include disabled children in the education system were introduced in legislation. Following the example of other countries worldwide, the Republic of North Macedonia introduced inclusion of children with disabilities in the mainstream educational process, because the right to education is a right for all children, including the ones with special educational needs. For this purpose, the Republic of North Macedonia implemented a series of changes in the educational system for successful inclusion of children with special educational needs. Hence, the main aim of our paper is to represent the actual situation in Macedonian schools regarding the problem of educational inclusion of students with disabilities in the regular school system. The research methods are based on document studies and case studies about changes in social and educational policies for students with disabilities and special educational needs who are included in primary and secondary education. At the same time we shall present some guidelines for teachers who work with these children and future directions for a proper inclusion system in the Republic of North Macedonia, because every child has a fundamental right to education and must be given the opportunity to achieve and reach an acceptable level of learning. In this frame, school societies try to support full participation of students with disabilities in areas of their lives on equal terms, conditions, social justice and basic human rights.


Author(s):  
Yelyzaveta Shytikova

Out-of-school development of children and young people is an important component for harmonious development of necessary abilities and skills. Due to the variety of clubs, areas and sections that operate in out-of-school institutions, children have the right to choose classes for themselves based on their own preferences. Current trends in education are closely linked to the introduction of inclusive education and the creation of appropriate conditions for the education of children with special educational needs (SEN). In this aspect, worth highlighting out-of-school education, which is an integral part of the harmonious development of children. One of profiles are technical kinds of sports, which are represented by modeling clubs in out-of-school educational institutions and non-Olympic sports, that have their own national and international federations. The purpose of the research: to substantiate the impact of modelshipbuilding on children with SEN and to determine the features of competitive activities in modelshipsport. Objectives of the study: 1) Describe the system of competitions in modelshipsport among student youth; 2) Identify and characterize the features of modelshipbuilding and its significance for children with SEN. In the article we characterize the place of technical kinds of sports in the organizational structure of extracurricular activities; for the first time the system of indoors competitions among student youth (athletes under 18) in modelshipsport was analyzed and considered. Based on the analysis of documentation from the sites of the Federation of Modelshipbuilding and Modelshipsport of Ukraine and the World organisation NAVIGA, sections and classes of models, that exist in modelshipsport and among which competitions are held at the national and international levels are described. The peculiarities of the athlete's activity in modelshipsport are substantiated and the factors that determine the success of performance in general and during the competitions are determined. The orientation of classes and their positive impact for children, including children with special educational needs are substantiated.


2008 ◽  
Vol 41 (3) ◽  
pp. 522-544
Author(s):  
Arthur Chaskalson

The policies of the U.S.—developed in response to the threat of terroism have been criticized. This is of importance, not only because of the harm it does to the United States own reputation, but because of the influence such measures have on other countries with less commitment to the protection of human rights than the United States has historically had. It is, however, a crucial issue because of the impact that such policies can have on the political will of the international community to respect and promote half a century of endeavor to build an international human rights culture, and on attitudes and behavior in countries affected by such measures. The exception becomes the rule; the temporary becomes permanent; and fairness and due process cease to have the meaning they once had. This Article's remarks are directed to the right to a fair hearing which must be seen, however, in a broader context as a concern about a discourse which, whilst retaining the label, seeks to change the content of established principles of human rights.


2020 ◽  
Vol LXXXI (2) ◽  
pp. 99-107
Author(s):  
Ewa Dyduch ◽  
Małgorzata Trojańska

In Poland, the right to education is guaranteed by the Constitution of the Republic of Poland (Article 70). People with disabilities have full access to the free universal education system. The Act of Educational Law published on the 14th of December 2016 (Journal of Laws 2017, Item 59, Article 1, Point 6 & 7) guarantees free and unlimited access to all types of education to students with special educational needs. This is done in accordance with their cognitive, social, and emotional development, educational needs, and predisposition. They are also granted the right to individualized care plans, approaches, and curricula. Students with special educational needs are offered unlimited access to services specializing in compensation, enhancement, and improvement of their wellbeing. The complex and multifaceted approach that is provided for students with disabilities in education is not only to support their comprehensive development but also to develop skills that will allow them to: successfully communicate (verbally and nonverbally), make their own choices, be creative, solve problems, be able to assess the impact of their actions on their lives and their environment, cope in various situations, build their own system of values and beliefs, and be able to work well with others. Support for students with special educational needs should be individually tailored depending on students' age, type and severity of disability, type of service (educational, rehabilitation, occupational) and also on students' interests, talents, and preferences.


2020 ◽  
Vol 25 (4) ◽  
pp. 233-255
Author(s):  
Aušrinė Pasvenskienė ◽  
◽  
Milda Žaliauskaitė ◽  

This article considers the implementation of the right to higher education for learners with special needs in Lithuania. Although this right is guaranteed by various international documents and national legal acts, the main responsibility to ensure equality in higher education for all learners is embedded in the discretion of higher education institutions. The aim of this article is to analyse Lithuanian legal regulation regarding inclusion of students with special needs into higher education institutions and to evaluate Lithuanian university policies, as institutional documents, concerning students with special educational needs. A brief overview and comparison of all Lithuanian HEI policies illustrates the institutional approach towards educating students with SEN and the level of attentiveness to realization of their right to education. The research also considers pivotal challenges of ensuring inclusive education for those students as well as presents recommendations to address these challenges.


2021 ◽  
Vol 25 (spe) ◽  
pp. 1-27
Author(s):  
Robert Doya Nanima

The African Charter on the Rights and Welfare of the Child provides for the protection of children in all environments. Areas that have experienced armed conflict have made the child susceptible to human rights violations including violence through sexual offences and violation of civil and political as well as socio-economic rights. An evaluation of all human rights violations cannot be done comprehensively. This article takes a thematic turn and evaluates the aspects of the right to education of the refugee girl child. It sets the tone by reflecting on the normative framework of the right to education of the refugee child at the international, regional and national levels. This is followed by a discussion of the violation of this right in situations of conflict and host States like Kenya. Drawing on the jurisprudence of the African Committee on the Rights and Welfare of the Child, insights on the improvement of the enjoyment of this right are engaged. A conclusion and recommendations follow.


Author(s):  
Olga Melnychuk ◽  
Maksym Melnychuk

Under the conditions of an armed conflict in Eastern Ukraine the level of ensuring the fundamental human right to education is being reduced. Therefore there is a need to search for additional mechanisms of the protection of the right to education, among which must be singled out such an extra-judicial human rights mobile institution as an ombudsman. All this stipulates the purpose of the article: to find out the role of the Ukrainian Parliament Commissioner for Human Rights, the Commissioner of Ukraine on the rights of the Child and the Educational Ombudsman to ensure the right to education in Ukraine. During the study, such methods as the analysis of scientific literature, normative legal acts in the field of the right to education and annual reports of the Ukrainian Parliament Commissioner for Human Rights were used. The research results of the Razumkov Center (Ukraine) regarding the attitude of citizens to the Ukrainian Parliament Commissioner for Human Rightshave been analyzed. As a resultit was discovered that the measures taken by the Ukrainian Parliament Commissioner for Human Rights and the Commissioner on the rights of the Child for the right to education are active and effective. In the society the legislative introduction of the post of educational ombudsman as an additional human rights institution in the field of education in Ukraine is positively evaluated. The conducted study shows that subsidiary, non-judicial means of protection of the right to education in Ukraine have greater authority among Ukrainian citizens than the judicial system.


2012 ◽  
Vol 1 (1) ◽  
pp. 101-115
Author(s):  
Sheeba Pillai

Right to education is one of the most important human rights and has been widely so acknowledged in several international and regional documents related to human rights. These documents have defined the right in an elaborate manner placing a lot of emphasis on compulsory elementary education and thereby making it obligatory on the states to provide the same and also guarantee equality of accessibility of education at higher levels. The European Convention on Human Rights 1950 has guaranteed the right to education in Article 2 of Protocol 1.Unlike the International Covenant on the Economic, Social and Cultural Rights 1966 or the other regional documents, the European Convention on Human Rights 1950 has not defined the right to education in an elaborate manner, in the document. Thus, the burden of making the right to education more resourceful fell largely upon the shoulders of the enforcement mechanism, they being European Court and European Commission of Human Rights, both constituted by the Convention. This article makes an analysis of the right to education as interpreted by these two authorities.


2020 ◽  
Vol 20 (2) ◽  
pp. 7-37
Author(s):  
Volodymyr Denysov ◽  
Lyudmyla Falalieieva

Summary The study highlights the international legal framework for the regulation of derogation of human rights and the practice of applying the latter by Ukraine, which is exercised for the first time under conditions of armed conflict and temporary loss of control over part of its territory. The essence, factors, mechanisms, peculiarities and problems related to derogation in the field of human rights, tools for its realization are revealed. The importance of using derogation of human rights as one of the “escape mechanisms” for the state is emphasized, the state’s right which is of an exclusive nature, the possibility of which is provided for by the relevant international treaty, requiring compliance with agreed conditions and procedures. Comparative analysis of the provisions of International Covenant on Civil and Political Rights (1966), Convention for the Protection of Human Rights and Fundamental Freedoms (1950) concerning the right of the state to derogate in the field of human rights in time of a public emergency threatening the life of the nation is made. It is emphasized that the derogation in the field of human rights requires doctrinal understanding as a kind of legitimate limitation on use of restrictions on rights. It outlines the specific measures Ukraine was forced to take in order to derogate in the field of human rights under the armed conflict and temporary loss of control over part of its territory, as well as their perception by the international community. International legal acts, case law of the European Court of Human Rights and doctrinal views on issues outlined are analyzed.


Author(s):  
Elena N. Gur'yanova ◽  

A modern university answering the challenges of the society does not remain aloof to introduce certain inclusive practices. Currently, the legislation of the Russian Federation clearly distinguishes between the concepts of “Disability”, “Special health opportunities “and” Special educational needs”. However, there is a demand to combine all three terms into one, that is “Special educational needs”. The author considers this substitution to be unlawful. The article attempts to analyze each term from the point of view of prospects for each group of students to get higher education, taking into account the peculiarities of their psychophysical development. In addition, the author reviews some difficulties (insufficient technical equipment of the classrooms, learned helplessness of students, lack of knowledge about various nosological groups of disabled people, etc.) and ways to overcome these and other problems such as development of an adapted educational program, compliance with the principles of health conservation, psychological readiness of the teaching staff to work with such students. The author draws the conclusion that only training of teachers and the creation of a special educational space, the inadmissibility of a formal approach to the integration of students with special educational needs can contribute to the successful provision of their right to education.


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