scholarly journals The right to education between the content of the right and the obligations of the state-Algeria case study-

2022 ◽  
pp. 230-247
Author(s):  
فايزة سعيداني
Keyword(s):  
Educational System ◽  
Basic Education ◽  
Technological Development ◽  
The State ◽  
Access To Education ◽  
Right To Education ◽  
Legal Provisions ◽  
Legal Texts ◽  
The Right ◽  
Analytical Approaches

The right to education at the international and domestic levels has become the interest of several parties who are responsible and obliged to achieve and respect this right, by recruiting all relevant parties and the means available for this. Like other countries, Algeria has recognized this right since the date of independence and is enshrined in all successive constitutions. Where the constitutional founder recognizes the principle of free education, the principle of compulsory basic education, and the state is responsible for regulating the educational system and ensuring equal access to education, but these constitutional principles can only be effective if supported by the legal provisions governing and specifying the applicable provisions in order to achieve the exercise of this right, which has long been considered a fundamental requirement at the international and domestic level. Through this presentation, we have tried to ask how the legal text of the right to education is addressed and whether it was sufficient to meet the basic demands of the educational system in the light of globalization, technological development and digitization. In this context, it was necessary to address the various legal texts and various conventions that addressed the dedication and strengthening of the right to education at the international level and its results at the internal level, which is what we will address through this intervention, by addressing the analysis of the various Algerian legal texts related to the subject through the division of work into two main axes. The descriptive and analytical approaches have been relied upon to reach different results and solutions for improving the curriculum and the educational system in general.

scholarly journals Edukacja osób niepełnosprawnych jako dobro wspólne na tle rozważań administracyjnoprawnych

2017 ◽  
Vol 105 ◽  
pp. 119-142
Author(s):  
Renata Raszewska-Skałecka
Keyword(s):  
Special Education ◽  
Educational System ◽  
Common Good ◽  
People With Disabilities ◽  
The State ◽  
Right To Education ◽  
Legal Subjectivity ◽  
The Right

EDUCATION OF PEOPLE WITH DISABILITIES AS A COMMON GOOD — CONSIDERATIONS ON ADMINISTRATIVE AND LEGAL BACKGROUNDEducation of people with disabilities, considered as acommon good, points out legal subjectivity of adisabled person, the right to education and educational duties in the educational system. From the perspective of the state and its administration education, understood as acommon good, means performance of educational tasks in the scope of special education for a disabled person.

scholarly journals DEMOCRATIZAÇÃO DO DIREITO À EDUCAÇÃO BÁSICA NO BRASIL: algumas ponderações

2021 ◽  
Vol 28 (1) ◽  
pp. 33
Author(s):  
Cristiane Machado ◽  
Edson Francisco de Andrade
Keyword(s):  
Basic Education ◽  
Compulsory Education ◽  
Human Right ◽  
Right To Education ◽  
Legal Provisions ◽  
The Law ◽  
Sociedad Civil ◽  
The Government ◽  
The Right ◽  
Education In Brazil

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

scholarly journals THE POWER OF STATE, THE RIGHT OF PARENTS, THE RIGHT OF THE CHILD – THE RIGHT TO EDUCATION AS THE RIGHT TO POSSESS CONTROL

2017 ◽  
Vol 31 (4) ◽  
pp. 7-32
Author(s):  
Magdalena Butrymowicz
Keyword(s):  
Public Schools ◽  
19Th Century ◽  
Educational System ◽  
Good Condition ◽  
The State ◽  
Economic Aspects ◽  
Right To Education ◽  
The Right ◽  
The 19Th Century ◽  
Historical Nature

Why does the state have power in the area of education over parents’ wishes? The first reason has already been explained above: these are financial and economic aspects. The second reason is of historical nature. The state has controlled education in general historically. When in the 19th century the idea of public schools was created, the state sponsored such schools. Private schools were in a good condition, since they had their own sponsors or proceeds from pupils’ tuitions. When they lost their self-sustainability, they had to request the state for some support. And, as mentioned above, the state had its interest in controlling the educational system, because it wanted to influence the upbringing process of its citizens and create an ideology, which would help to achieve the government’s goal.

The fundamental human right to education for refugees: Some legal remarks

2017 ◽  
Vol 17 (2) ◽  
pp. 219-232
Author(s):  
Kurt Willems ◽  
Jonas Vernimmen
Keyword(s):  
Human Rights ◽  
National Language ◽  
Access To Education ◽  
International Treaties ◽  
Human Right ◽  
Right To Education ◽  
Legal Documents ◽  
Legal Texts ◽  
Scope Of Application ◽  
The Right

The aim of this article is to describe the human rights obligations a State bears in educational matters with concerns to the current influx of refugees. The right to education is a fundamental human right guaranteed by many international treaties. As a result, the impression may arise that everyone, not only legal citizens but also all those lacking legal documents, can easily refer to any of these texts in order to enforce access to education and every right attached to education. The legal truth is however more complex. This article will first examine the various international legal texts: do refugees fall within the scope of application? Second, we will take a closer legal look at some issues often raised in practice when dealing with the influx of refugees: (i) can higher school fees be asked from pupils without legal documents? (ii) do refugees have a right to be taught in their own native language until they learn to speak the national language? and (iii) can they be placed in special (separate) schools or classes until they can follow the regular curriculum?

scholarly journals #Schools on fire: Criminal justice responses to protests that impede the right to basic education

2017 ◽  
pp. 39-50
Author(s):  
Ann Skelton ◽  
Martin Nsibirwa
Keyword(s):  
Criminal Justice ◽  
South African ◽  
Justice System ◽  
Basic Education ◽  
Access To Education ◽  
The South ◽  
Right To Education ◽  
The Right ◽  
South African Schools Act ◽  
School Property

  In recent years, schools have borne the brunt of protesters’ frustrations with the lack of access to services in South Africa. A 2016 investigative hearing by the South African Human Rights Commission (SAHRC) explored the causes of the protests and examined the failure to prevent the destruction of school property. It found that no one was held accountable for the protest-related damage. This article explores the competing constitutionally protected rights of protest and education. Although the right to protest is central in a democracy, it must be exercised peacefully with minimal disruptions to the right to education. Protest action that causes destruction should be criminally sanctioned; however, action that impedes access to education through threats and intimidation is difficult to deal with in the criminal justice system. This article questions the applicability of section 3(6) of the South African Schools Act, which makes it an offence to stop children attending school, and considers the proposed amendments to the Act in light of these critiques. The article explores possible prosecution relying on the Intimidation Act, and finds that the Act is under constitutional challenge. The article concludes that the focus on prevention as contained in the SAHRC report is not misplaced, given the challenges in holding protesters accountable under criminal law.

ACCESS TO EDUCATION WITH ONLINE LEARNING AND OPEN EDUCATIONAL RESOURCES: CAN THEY CLOSE THE GAP?

2008 ◽  
Vol 12 (1) ◽  
Author(s):  
Christine Geith ◽  
Karen Vignare
Keyword(s):  
Online Learning ◽  
Global Education ◽  
Open Educational Resources ◽  
Educational Resources ◽  
Access To Education ◽  
Human Beings ◽  
Right To Education ◽  
Education Gap ◽  
The Right ◽  
Compare And Contrast

One of the key concepts in the right to education is access: access to the means to fully develop as human beings as well as access to the means to gain skills, knowledge and credentials. This is an important perspective through which to examine the solutions to access enabled by Open Educational Resources (OER) and online learning. The authors compare and contrast OER and online learning and their potential for addressing human rights “to” and “in” education. The authors examine OER and online learning growth and financial sustainability and discuss potential scenarios to address the global education gap.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

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.

The Right to Education in India

2019 ◽  
Author(s):  
Florian Matthey-Prakash
Keyword(s):  
Private Education ◽  
The State ◽  
Legal Empowerment ◽  
Right To Education ◽  
The Poor ◽  
Potential System ◽  
Education In India ◽  
Alternative Means ◽  
Education Act ◽  
The Right

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.

scholarly journals The Child's Right to Basic Education in Nigeria: A Commentary on the Decision in SERAP v. Nigeria

2018 ◽  
Vol 26 (4) ◽  
pp. 639-648 ◽  
Author(s):  
Aisosa Jennifer Isokpan ◽  
Ebenezer Durojaye
Keyword(s):  
Basic Education ◽  
Case Note ◽  
Third Parties ◽  
Government Officials ◽  
Right To Education ◽  
The Right ◽  
The Impact

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.

scholarly journals Rights to Education for Poor Peoples: How The Country Protect Them?

2020 ◽  
Vol 2 (1) ◽  
pp. 29-42
Author(s):  
Luthfi Widyantoko
Keyword(s):  
Educational Development ◽  
National Development ◽  
Access To Education ◽  
Key Factors ◽  
Right To Education ◽  
Equal Distribution ◽  
Classic Problem ◽  
Development Agenda ◽  
The Government ◽  
The Right

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.

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