scholarly journals Violation of children's and adolescents’ rights – the profile of a southern state in Brazil

2020 ◽  
Vol 42 ◽  
pp. e44453
Author(s):  
Mariucha Ramella Marcon Nemer ◽  
Bruna de Souza Nogueira ◽  
Fernanda do Nascimento de Lemos Campos ◽  
Márcia Cristina da Silva ◽  
Morgana Ducatti Alves ◽  
...  
Keyword(s):  
Child Protective Services ◽  
The State ◽  
Childhood And Adolescence ◽  
Protective Services ◽  
Right To Education ◽  
Southern State ◽  
Education Professionals ◽  
Gender And Age ◽  
The Right ◽  
Education Culture

The rights of children and adolescents are provided by law and it is the duty of the State, family and society to care for them. Health and education professionals are responsible for reporting suspected or confirmed cases of rights violation. This study aimed to investigate the prevalence and qualification of violation of children’s and adolescents’ rights in the State of Paraná between 2009 and 2014. A descriptive and observational quantitative study was carried out based on the records of the Child Protective Services in Paraná, accessed through the Information System for Childhood and Adolescence (SIPIA). A total of 129.123 violations of rights were found. Among those cases, the right to familiar and communitarian companionship stands out with the greatest number of violations, followed by the right to education, culture, sports and leisure. Mothers were found to be the main aggressors, followed by fathers, and sexual violence/abuse was the most prevalent type of violence. In conclusion, there was a significant amount of violation of children’s and adolescents’ rights in the State of Paraná during the period covered by this research, and it has increased over the years. Besides, we found out that there is a predisposition of gender and age group for each variable analyzed.

scholarly journals Gestão da educação municipal nos sistemas e redes de ensino/educação tocantinenses: desafios na garantia do direito educacional no período da pandemia

2021 ◽  
pp. 1-22
Author(s):  
Rute Soares Rodrigues ◽  
Idemar Vizolli ◽  
Maria Solange Rodrigues de Sousa ◽  
Meire Lucia Andrade da Silva
Keyword(s):  
Information And Communication Technologies ◽  
Field Research ◽  
The State ◽  
Digital Information ◽  
Right To Education ◽  
National Union ◽  
Hybrid Education ◽  
Education Professionals ◽  
Face To Face ◽  
The Right

This article focuses on the management of municipal education in the system and educational networks of the state of Tocantins, regarding the guarantee of the right to education in the period of the Covid-19 pandemic. It aims to understand the challenges and dilemmas faced by the Secretaries of Education in municipalities of Tocantins in the pandemic period, more precisely about remote, hybrid education and the use of digital information and communication technologies (ICT) as a way to ensure the educational rights established by law. This is bibliographic-documentary research that deals with the management of education grounded in the regulations of the state and federal spheres and based on field research developed by the National Union of Municipal Education Directors (UNDIME). The study presents the results of the situational diagnosis of the municipalities at the start of the pandemic in 2020 and evidences: the difficulties of the Municipal Secretaries of Education, the implications of the non-face-to-face teaching, the plan to resume face-to-face classes for the 2020 and 2021 school years. Also, the panorama of the educational reality in the state of Tocantins lacks of major investments in technology and connectivity in the schools; better training for education professionals and improvements in the infrastructure of educational units in order to fulfill the right to education.

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.

Getting Eyes in the Home: Child Protective Services Investigations and State Surveillance of Family Life

2020 ◽  
Vol 85 (4) ◽  
pp. 610-638 ◽  
Author(s):  
Kelley Fong
Keyword(s):  
Child Protection ◽  
Child Protective Services ◽  
The State ◽  
Protective Services ◽  
Poor Families ◽  
State Surveillance ◽  
Domestic Lives ◽  
Institutional Engagement ◽  
Insight Into ◽  
Marginalized Families

Each year, U.S. child protection authorities investigate millions of families, disproportionately poor families and families of color. These investigations involve multiple home visits to collect information across numerous personal domains. How does the state gain such widespread entrée into the intimate, domestic lives of marginalized families? Predominant theories of surveillance offer little insight into this process and its implications. Analyzing observations of child maltreatment investigations in Connecticut and interviews with professionals reporting maltreatment, state investigators, and investigated mothers, this article argues that coupling assistance with coercive authority—a hallmark of contemporary poverty governance—generates an expansive surveillance of U.S. families by attracting referrals from adjacent systems. Educational, medical, and other professionals invite investigations of families far beyond those ultimately deemed maltreating, with the hope that child protection authorities’ dual therapeutic and coercive capacities can rehabilitate families, especially marginalized families. Yet even when investigations close, this arrangement, in which service systems channel families to an entity with coercive power, fosters apprehension among families and thwarts their institutional engagement. These findings demonstrate how, in an era of welfare retrenchment, rehabilitative poverty governance renders marginalized populations hyper-visible to the state in ways that may reinforce inequality and marginality.

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 Ensuring the right to education by state university’s funding programs

2021 ◽  
Vol 20 (3) ◽  
pp. 453-468
Author(s):  
Sergei A. Belov ◽  
◽  
Alexander A. Soloviev ◽  
Vyacheslav V. Suyazov ◽  
◽  
...  
Keyword(s):  
Higher Education ◽  
The State ◽  
State Universities ◽  
Right To Education ◽  
Higher Education System ◽  
Public Resources ◽  
Funding Programs ◽  
The Creation ◽  
Constitutional Right ◽  
The Right

In the article "Unity of the system of state universities in today’s Russia", published in August 2020, it was proved that the constitutional right to education implies the need to support not only the leading universities of the country with the help of "academic leadership" programs, but all universities established by the state. Firstly, the creation of a university by the state presupposes responsibility on the part of the state as the founder for ensuring the conditions of its activity; secondly, students of all state universities equally have the right to demand from the state the creation of conditions for obtaining high-quality and modern education. In the development of the concept of unity of the higher education system, this article discusses specific practical steps to implement the approaches indicated in the article in terms of the use of public resources. The authors formulated a number of proposals regarding the state policy in the field of science and higher education in relation to the distribution of financial resources and other resources between institutions of higher education, and also proposed specific measures for their implementation, described by examples from practice.

scholarly journals THE EDUCATIONAL POLICIES OF THE SERBIAN STATE TO THE ALBANIAN MINORITY IN SERBIA

2019 ◽  
Vol 32 (1) ◽  
pp. 129-136
Author(s):  
Liburn Mustafë Mustafa
Keyword(s):  
Mother Tongue ◽  
The State ◽  
Legal Rights ◽  
Right To Education ◽  
Contemporary World ◽  
The Past ◽  
Mother Country ◽  
International Rights ◽  
The Right ◽  
Culture Tradition

The right to be educated in mother tongue is considered among the most important human rights in the contemporary world. Such a right is guaranteed to the all world communities in spite of the state and international rights, regardless of the location, extent, and size of the community. Every state is obliged to respect and make possible the realization of the rights to be educated in their language to every minority within it, because the right to education in mother tongue is now considered a crucial tool for preserving and strengthening the cultural and ethnic identity, and vice versa, the non-implementation of these rights to certain communities implies the state's tendency towards these communities. Also, minorities are predestined that the educations in their language attend similar to their mother country, based on textbooks and curricula of the respective states, as such a right is guaranteed by international norms and conventions. But such a thing, very often faces a strong resistance from the states where these minorities are, because in these textbooks is reflected the history, culture and tradition of the past, which in most cases is a clash between identities and produce numerous value controversies between the parties. This situation is particularly reflected in some Balkan countries where ethnic minorities are not "bridges" between communities but are "quarrelsome" among communities. In such a situation is the Albanian minority in Serbia, who because of the conflicting past between the two nationalities, the Albanian and the Serbs, are victimized by preventing the right to learn their history, culture, tradition and their mother tongue. Thus the Serbian state, because of the past between the two nations and issues still open with the state of Kosovo, denies Albanians in Serbia using textbooks from this country. This form of approach reflects state policies on curricula and textbooks currently being implemented by the Albanian minority. In this paper we will explain the problems faced by the Albanian minority in Serbia in the field of education, respectively the problems of the lack of textbooks in Albanian language. We will present the causes and obstacles of the lack of school textbooks in Albanian language in Presheva Valley schools, strategies developed by various factors to solve this problem, implicated parties, legal rights issues and the possible solution of this problem.

Bedouin Sumud and the Struggle for Education

2017 ◽  
Vol 46 (4) ◽  
pp. 7-21 ◽  
Author(s):  
Michal Rotem ◽  
Neve Gordon
Keyword(s):  
The State ◽  
Social Production ◽  
Production Of Space ◽  
Right To Education ◽  
The Social ◽  
The Right ◽  
Planning Policies

The struggle between Zionists and Palestinian Bedouin over land in the Negev/Naqab has lasted at least a century. Notwithstanding the state's continuing efforts to concentrate the Bedouin population within a small swath of land, scholars have documented how the Bedouin have adopted their own means of resistance, including different practices of sumud. In this paper we maintain, however, that by focusing on planning policies and the spatio-legal mechanisms deployed by the state to expropriate Bedouin land, one overlooks additional technologies and processes that have had a significant impact on the social production of space in the Negev. One such site is the struggle over the right to education, which, as we show, is intricately tied to the organization of space and the population inhabiting that space. We illustrate how the right to education has been utilized as an instrument of tacit displacement deployed to relocate and concentrate the Bedouin population in planned governmental towns. Simultaneously, however, we show how Bedouin activists have continuously invoked the right to education, using it as a tool for reinforcing their sumud. The struggle for education in the Israeli Negev is, in other words, an integral part of the struggle for and over land.

scholarly journals As cláusulas pétreas: a possibilidade de revisão constitucional de vinculações de receitas na área da educação

KPGT_dlutz_1 ◽  
2018 ◽  
Vol 31 (3) ◽  
pp. 585
Author(s):  
Luiz Henrique Urquhart Cademartori ◽  
Noel Antônio Baratieri
Keyword(s):  
Public Education ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Future Generations ◽  
Constitutional Amendment ◽  
Right To Education ◽  
Constitutional Evolution ◽  
The One ◽  
The Right

As cláusulas pétreas: a possibilidade de revisão constitucional de vinculações de receitas na área da educação Resumo: O artigo aborda os limites e as possibilidades de alteração de normas constitucionais que garantem vinculação orçamentária para funções típicas do Estado tais como a Educação Pública. O problema é saber se uma emenda constitucional supressiva da referida garantia orçamentária seria constitucional ou não. A hipótese que se suscita neste estudo procura delinear em que medida seria inconstitucional tal adoção, posto que estaria restringindo, indiretamente, um direito fundamental, no caso o direito à educação, mas, ao mesmo tempo, esta simples constatação encontraria entraves sob a ótica de uma democracia intergeracional. Considera-se, de uma parte, o direito à educação é protegido, originariamente, no âmbito constitucional brasileiro como cláusula pétrea, mas, de outra, gerações futuras ou problemas conjunturais governamentais posteriores à 1988 podem questionar a legitimidade de normas fundamentais originadas em contexto sociopolítico anterior. Para o desenvolvimento deste trabalho, primeiramente analisam-se as cláusulas pétreas e os limites ao poder reformador. A seguir, estudam-se as referidas cláusulas e a sua evolução constitucional. Posteriormente, faz-se uma análise da constitucionalidade de eventual emenda que suprima a vinculação obrigatória de receitas para a educação sob o prisma da proibição de retrocesso. Palavras chave: Cláusulas pétreas. Constituição. Educação. Retrocesso. Receitas públicas. Safeguard clauses: the possibility of constitutional reviewing the bonded educational income Abstract: The article deals with the limits and possibilities of altering constitutional norms that guarantee budgetary linkage to functions typical of the State as a Public Education. The problem is whether a constitutional amendment suppressing the standard budget guarantee would be constitutional or not. The hypothesis that arises in this study looks for what is necessary, is not a fundamental right, is not a case, but the same, this is a finding found obstacles from the point of view of an intergenerational democracy. It is considered, on the one hand, that the right to education is protected, originally, it is not very Brazilian constitutional as a stony clause, but, on the other hand, future generations or post-1988 governmental conjunctural problems may question the legitimacy of fundamental norms originated in context previous sociopolitical. For the development of this work, firstly they are analyzed like stone clauses and the limits to the reformer power. Next, they are studied as clauses of clauses and their constitutional evolution. Subsequently, an analysis is made of the constitutionality of any amendment that abolishes the mandatory binding of transfer to the critic of a prison of prohibition of retrocession. Keywords: Constitution. Education. Public income. Regression. Safeguard clauses.

scholarly journals Education, Republican Right and Duty

2016 ◽  
pp. 45-61
Author(s):  
Nadia Bigarella Bigarella ◽  
Alessandro Gomes Lewandowski
Keyword(s):  
The State ◽  
Right To Education ◽  
Brazilian State ◽  
Federal Constitution ◽  
Form Of Government ◽  
Fundamental Dimension ◽  
The Law ◽  
The Right

This article is part of a Masters research in progress and has as its object the Brazilian State facing the right to education. By means of a documental research, on the basis of the Federal Constitution of 1988, the Law of Guidelines and Bases 9.394/1996 and other documents aimed to discuss how this right has materialized throughout history. The results show that the right to education is a fundamental dimension of citizenship, which is related to a conception of the State and their form of government. This right extends beyond the idea of set of rules, guidelines and actions, because it is linked to the commitment of thinking a model other society with a division of wealth more fairly

scholarly journals Direito à Educação: Gestão Democrática e Políticas Públicas em Tempo de Pandemia/Covid-19 no Estado do Tocantins

2020 ◽  
pp. 1-27
Author(s):  
Elaine Aires Nunes ◽  
Roberto Francisco de Carvalho ◽  
Idemar Vizolli
Keyword(s):  
State Government ◽  
Historical Materialism ◽  
The State ◽  
National Council ◽  
Ministry Of Education ◽  
Right To Education ◽  
Public Network ◽  
Democratic Management ◽  
State Education ◽  
The Right

The article aims to analyze democratic management as a principle of the right to education in the State of Tocantins, in times of Pandemic Covid-19. The discussion aims to elucidate public policies aimed at quality educational services in the public network – covering urban and rural education – and the state system's actions to guarantee the right to education in the exercise of democracy. The research is based on dialectical historical materialism, having as reference the bibliographic and documental research and normative collection issued, mainly, by the Ministry of Education, National Council of Education, Tocantins State Government and State Council of Education and data from CONVIVA. With critical attention, it points out the non-existence of educational policies and the State Education System's commitment to the situation of educational crisis and especially to the right to education in terms of democratic management.

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