scholarly journals The Right to Culture in Performance-Driven American Public Schools –Some Implications of United States Ratifcation of the International Covenant on Civil and Political Rights and the Convention on Elimination of All Forms of Racial Discrimination

2012 ◽  
Vol 2 (1) ◽  
pp. 3-14
Author(s):  
Rosemary Ann Blanchard
Keyword(s):  
United States ◽  
Public Schools ◽  
The United States ◽  
Cultural Continuity ◽  
Political Rights ◽  
Linguistic Identity ◽  
Human Right ◽  
Policy Makers ◽  
Indigenous Minorities ◽  
The Right

The right of ethnic, linguistic and indigenous minorities to an education for their children that supports their linguistic identity and cultural continuity is a universally-recognized human right throughout the world community. The United States, while a signatory to the main international agreements which establish this right has yet to adequately domesticate its interpretation and implementation. Educators and policy makers at every level of government and society have both the ethical responsibility and the opportunity to incorporate the fundamental elements of the human right to culture into their educational planning, program development, instruction and assessments. As Justice Black noted more than 50 years ago, “Great nations, like great men [and women] should keep their word.

Reproduction, Birth Control, and Motherhood in the United States

2018 ◽  
Author(s):  
Rickie Solinger
Keyword(s):  
United States ◽  
Female Sexuality ◽  
Population Control ◽  
The United States ◽  
Reproductive Value ◽  
Reproductive Justice ◽  
Human Right ◽  
Reproductive Politics ◽  
Primary Power ◽  
The Right

The history of reproductive politics in the United States incorporates several centuries of struggle and resistance and virtually no periods of quiescence. The state and other institutions have frequently clashed within and against each other and with girls and women, over who has primary power to govern female sexuality, fertility, and maternity: institutions, or women themselves. These struggles have always been racialized. From the eighteenth century forward, authorities have promulgated laws and public policies embedding population-control aims, investing some groups with greater reproductive value than others. In the modern era, “choice” emerged as the mark of reproductive freedom, chiefly defined as the right to limit and terminate pregnancy. More recently, “reproductive justice” contends that all people have the human right to be a parent; to forgo parenting; and to access the resources required to exercise the first two rights with dignity and safety.

The Prevalence-Based Need for Adapted Physical Education Teachers in the United States

2000 ◽  
Vol 17 (3) ◽  
pp. 297-309 ◽  
Author(s):  
Jiabei Zhang ◽  
Debra Berkey ◽  
Luke Kelly ◽  
Daniel Joseph ◽  
Shihui Chen
Keyword(s):  
United States ◽  
Public Schools ◽  
Physical Education ◽  
Student Teacher ◽  
The United States ◽  
Adapted Physical Education ◽  
Physical Education Teachers ◽  
Personnel Preparation ◽  
Policy Makers ◽  
The Public

The purpose was to develop a method for projecting the need for adapted physical education (APE) teachers in the public schools in the United States. This method was derived from a prevalence-based model—dividing the number of APE students enrolled by the APE student-teacher ratio and then subtracting the number of APE teachers hired. This model used the findings of Kelly and Gansneder (1998) that (a) 4% of the school population required APE services and (b) the overall national APE student-teacher ratio was 104:1. The results revealed a need for 22, 116 additional APE teachers nationwide as well as specific projections for each state. The prevalence-based projection method is recommended for policy makers at local, state, and national levels; for APE advocates; and for all concerned with APE personnel preparation and employment.

Djamel Ameziane v. U.S.A., Report No. 29/20, Case 12.865 Merits, (Inter-Am. Comm'n H.R.)

2020 ◽  
Vol 59 (6) ◽  
pp. 941-1012
Author(s):  
Christina M. Cerna
Keyword(s):  
United States ◽  
Human Rights ◽  
The United States ◽  
Constitutional Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Optional Protocol ◽  
International Body ◽  
The Right

On April 22, 2020, the Inter-American Commission on Human Rights (Commission) issued its first decision on one of the Guantanamo detainees, Djamel Ameziane, an Algerian Muslim who was held at Guantanamo for almost 12 years until he was deported to Algeria in 2013, in violation, inter alia, of the principle of non-refoulement. The case was brought on Mr. Ameziane's behalf by the Center for Constitutional Rights (CCR) and the Center for Justice and International Law (CEJIL), and the decision is very comprehensive and carefully written, as is to be expected of a decision totaling 70 pages. Although the United States became a party to the UN Covenant on Civil and Political Rights in 1992, it never accepted the first Optional Protocol, which gives individuals the right to bring complaints against the United States before the U.N. Human Rights Committee; consequently, the only international body to which an individual can bring a complaint against the United States for a violation of international human rights law is the Inter-American Commission on Human Rights, a principal organ of the Organization of American States (OAS).

Citizenship and Allegiance in Constitutional and International Law

1907 ◽  
Vol 1 (4) ◽  
pp. 914-929 ◽  
Author(s):  
W. W. Willoughby
Keyword(s):  
United States ◽  
International Law ◽  
Good Reason ◽  
The United States ◽  
Political Rights ◽  
American Citizen ◽  
The Status ◽  
American Law ◽  
The Individual ◽  
The Right

The recent report on Citizenship of the United States, Expatriation, and Protection Abroad, together with the work of Mr. Van Dyne on Citizenship of the United States, and the invaluable Digest of International Law, by Prof. John Bassett Moore, render easily accessible and readily comprehensible the principles of the American law with reference to the status of our citizens and of aliens for the time being within our territorial limits. At the same time, however, these publications make more evident the fact that, in many instances, the conflicting claims of two or more states upon the same individual are settled rather by mutual concessions than upon principle; that legal and political rights are asserted, but with an understanding, more or less explicit, that under given circumstances they will not be exercised. Thus, by a legislative act, legally binding upon our executive and judicial officers, we have declared the right of the individual to expatriate himself to be an absolute and indefeasible one, and that the naturalized American citizen is to have the same rights and is to receive the same protection as the native-born citizen, whether or not the state of original allegiance consents to the expatriation thus involved. In practice, this law, thus formally declared, has never been rigidly enforced, for the very good reason that to attempt to do so would lead to constant and serious international difficulties.

scholarly journals Competing Institutional Logics and Paradoxical Universalism: School-to-Work Transitions of Disabled Youth in Switzerland and the United States

2020 ◽  
Vol 8 (1) ◽  
pp. 155-167
Author(s):  
Christoph Tschanz ◽  
Justin J. W. Powell
Keyword(s):  
United States ◽  
Inclusive Education ◽  
The United States ◽  
Institutional Logics ◽  
School To Work ◽  
Training System ◽  
Vocational Education And Training ◽  
Human Right ◽  
Work Transitions ◽  
The Right

<p class="Default">Disablement is a complex social phenomenon in contemporary societies, reflected in disability policies oriented towards contrasting paradigms. Fraught with ambivalence, disability raises dilemmas of classification and targeted supports. Paradoxical universalism emphasizes that to achieve universality requires recognizing individual dis/abilities and particular contextual conditions and barriers that disable. Myriad aspects of educational and disability policies challenge both conceptualization and realization of universal policies, such as compulsory schooling, with widespread exclusion or segregation prevalent. Resulting tensions between providing support and ubiquitous stigmatization and separation are endemic, and particularly evident during life course transitions that imply shifting memberships in institutions and organizations. Particularly visible among disabled youth, school-to-work transitions are fundamentally challenged by contrasting policies, institutional logics, and institutionalized organizations. Analyzing institutional logics facilitates understanding of the lack of coordination that hinders successful transitions. Examining such challenges in the United States and Switzerland, we compare their labor markets and federal governance structures and contrasting education, welfare, and employment systems. Whereas lacking inter-institutional coordination negatively impacts disabled young adults in the United States, Switzerland’s robust vocational education and training system, while not a panacea, does provide more coordinated support during school-to-work transitions. These two countries provide relevant cases to examine ambivalence and contestation around the human right to inclusive education as well as the universality of the right (not) to work.</p>

Triumph Charter School Service Provider

2014 ◽  
pp. 278-287
Author(s):  
Verneshia (Necia) Boone
Keyword(s):  
United States ◽  
Public Schools ◽  
Charter Schools ◽  
Secondary Students ◽  
Charter School ◽  
The United States ◽  
Community Schools ◽  
Disadvantaged Students ◽  
Policy Makers

Charter schools are perhaps known to many people as community schools that are publicly funded. Educators and policy makers of the United States consider public schools in which tuition for primary and secondary students is free. A few community leaders and public officials have disclosed that selected charter school providers have too much flexibility in how they operate the schools. Perhaps their beliefs are such because most of the charter or community schools are operated under a contract in partnership with a sponsoring entity (Center for Education, 2008). According to educators and political leaders located in the Midwest region of the United States, charter schools were designed to address the current state of educational programs and to introduce an alternative model to traditional public education for economically disadvantaged students. For the last decade, research has shown that the goals and objectives of charter schools and charter school providers and leaders have been a contentious subject matter for United States educators and policy makers (Center for Education, 2008). The reason is perhaps linked to personal beliefs that charter school providers or leaders drain funding from local public school districts and do not offer disadvantaged students a better education. The case study provides an overview about Duke and Duchess Technology Centers as well as Triumph Management Company and their, products and services, competition, management structure, leadership styles, and recent challenges. Questions appear at the end of the case study for students to discuss and debate.

AMERICAN CONSERVATIVES AND DOMESTIC POLITICAL STRUGGLE OVER THE ISSUE OF IMMIGRATION IN MID 1990s

2019 ◽  
Vol 3 (2) ◽  
pp. 183-191
Author(s):  
V.R. Zolotykh
Keyword(s):  
United States ◽  
Public Schools ◽  
Social Services ◽  
Objective Evaluation ◽  
The United States ◽  
Illegal Immigrants ◽  
Political Processes ◽  
First Case ◽  
Access To Medical Care ◽  
The Right

After the victory of conservatives in Congress elections of 1994, various Right groups intensified their efforts, on the one hand, to reconsider liberal immigration laws, and on the other, to tighten policies on illegal immigrants. This article analyzes two interconnected initiatives introduced by the conservatives in the mid 1990s: Proposition 187, also known as the “Save Our State (SOS)” initiative, and The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). In the first case, State of California conducted a referendum on a law that would establish a nationwide citizenship verification system, as well as denying illegal immigrants access to medical care, public schools, and other social services of the state. In the second case, the law prohibited new immigrants from receiving pensions until reaching the age of 65 or appealing the decision of the Immigration and Naturalization Service to prevent a foreigner from entering the US. It also raised visa fees and introduced the terms for denying the right to enter the United States for people with a history of illegal stay in the United States. The examination of approaches and propositions of various groups of conservatives to the immigration issue allows to conduct a comprehensive and objective evaluation of internal political processes in the United States during this period.

International Fair Trial Guarantees

2014 ◽  
Author(s):  
David Weissbrodt
Keyword(s):  
United States ◽  
Armed Conflict ◽  
Due Process ◽  
The United States ◽  
Fair Trial ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Right ◽  
Military Commissions ◽  
The Right

As a fundamental human right, the right to a fair trial ensures that no one is deprived of liberty without due process of law. The scope and meaning of fair trial guarantees, especially during periods of armed conflict, has become controversial in light of the United States’ use of military commissions for the trial of ‘unprivileged enemy belligerents’. This chapter explores fair trial guarantees as articulated in international humanitarian law (IHL) and international human rights law (IHRL). It first provides an overview of the principal treaty provisions that guarantee the right to a fair trial during armed conflict before turning to the concept of a ‘regularly constituted court’ as a vital element in fair trial guarantees. It then considers derogation from fair trial guarantees under IHL and IHRL, as well as the universal application of fair trial rights. Finally, it discusses how the normative standards of the fair trial guarantees apply in the practice of military commissions established by the United States in the context of the ‘War on Terror.’

scholarly journals The open-access availability of criminological research to practitioners and policy makers

2020 ◽  
Author(s):  
Matthew P J Ashby
Keyword(s):  
United States ◽  
Open Access ◽  
The United States ◽  
Relevant Research ◽  
Policy Makers ◽  
Criminological Research ◽  
Different Types ◽  
Research Findings ◽  
The Right ◽  
Leading Journals

Criminology produces policy-relevant research and criminologists often seek to influence practice, but most criminological research is confined to expensive subscription journals. This disadvantages researchers in the global south, policy makers and practitioners who have the skills to use research findings but do not have journal subscriptions. Open access seeks to increase availability of research, but take-up among criminologists has been low. This study used a sample of 12,541 articles published in criminology journals between 2017 and 2019 to estimate the proportion of articles available via different types of open access. Overall 22% of research was available to non-subscribers, about half that found in other disciplines, even though authors had the right to make articles open without payment in at least 95% of cases. Open access was even less common in many leading journals and among researchers in the United States. Open access has the potential to increase access to research for those outside academia, but few scholars exercise their existing rights to distribute freely the submitted or accepted versions of their articles online. Policies to incentivise authors to make research open access where possible are needed unlock the benefits of greater access to criminological research.

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