scholarly journals The right to translation and interpreting into and from Albanian as a reflection of fundamental civil rights in Kosovo between 1912 and 1999

2021 ◽  
Vol 1 (1) ◽  
pp. 33-55
Author(s):  
Arben Shala
Keyword(s):  
Civil Rights ◽  
Historical Overview ◽  
Language Policies ◽  
Right To Education ◽  
Security Sector ◽  
Legal Documents ◽  
Linguistic Rights ◽  
Ethnic Tensions ◽  
The Right ◽  
Governing Institutions

Through the analysis of official legal documentation, this paper presents a historical overview of the development of laws and practices regarding language policies in Socialist Yugoslavia, and the use of the Albanian language in education and in the security sector in Kosovo with special emphasis on translation and interpreting. The results of the analysis show that in the 1970s socialist Yugoslav laws governing the equality of languages in a multilingual state, as codified in the constitution and other administrative and legal documents, were quite progressive on paper but did not entirely translate into political and linguistic equality in practice, but that they, nevertheless, resulted in the increased trust in the formal Kosovo governing institutions; and that the abolishment of translation and linguistic rights accompanied by the abandonment of other fundamental civil rights at the end of the 20th century eventually strengthened the ethnic tensions and divisions in the region. The article concludes that translation and interpreting represent key activities supporting the implementation of linguistic rights and trust in the legal system, and that linguistic rights are effective only if they are supported with other fundamental civil rights, such as the right to education and political participation.

Public understanding of language planning and linguistic rights: The debate on the current Portuguese orthographic reform

2016 ◽  
Vol 45 (3) ◽  
pp. 423-443 ◽  
Author(s):  
Sílvia Melo-Pfeifer
Keyword(s):  
Critical Discourse Analysis ◽  
Language Planning ◽  
Critical Discourse ◽  
Public Understanding ◽  
Endangered Languages ◽  
Language Policies ◽  
Linguistic Rights ◽  
European Portuguese ◽  
Ideological Debate ◽  
The Right

AbstractThis study focuses on the tensions around Portugal's language policies and citizens’ perceptions of their linguistic rights in the context of the current orthographic reform. Unlike other linguistic rights studies, this enquiry does not focus on endangered languages or linguistic minorities. Instead, there are three major ingredients that embody linguistic-rights claims by European Portuguese speakers: the right to be heard on orthographic reform in a democratic society, ownership and authenticity of the Portuguese language, and the need for protection against external (or, more specifically, Brazilian) hegemony. A critical discourse analysis approach to the arguments put forward by European Portuguese opponents of the orthographic reform shows that the ongoing discussion: (i) is neither about language nor about rights, but about competition; (ii) is based on linguistic dichotomies and recategorization of speakers and languages; (iii) manipulates the rhetoric of threat, endangerment, linguistic rights, and democracy; and (iv) opens up intra-linguistic and inter-variety spaces for conceptualizing linguistic rights claims. (Language ideological debate, public understanding, language planning, linguistic rights, orthographic reform)

Right to Education in Mother Language

2021 ◽  
pp. 223-241
Author(s):  
Nima Norouzi ◽  
Hussein Movahedian
Keyword(s):  
Human Rights ◽  
Mother Tongue ◽  
The Other ◽  
Right To Education ◽  
International Human Rights ◽  
Linguistic Rights ◽  
Government Institutions ◽  
International Human ◽  
The One ◽  
The Right

The right to use one's mother language is affected by examining the nature of this right in the international human rights system. Speaking of linguistic rights requires examining this right in the context of general human rights and the rights of minorities. On the one hand, the right to use one's mother tongue is rooted in the “right to be different,” which itself is inspired by human dignity, and, on the other hand, because the linguistic rights of the majority are better guaranteed than the linguistic rights of the minority. This chapter examines the right to use one's mother tongue in the minority system; therefore, language rights can be divided into two approaches based on tolerance, which prohibits any interference with the choice of language and its use by governments, as well as an extension-based approach that seeks to protect the right to use language in various fields such as education, court, public arena, and government institutions.

scholarly journals Bilingual Education and the Problems of Ethnic and Linguistic Identity in the USSR and Modern Russia

2019 ◽  
Vol 16 (2) ◽  
pp. 190-203
Author(s):  
Mikhail A. Marusenko
Keyword(s):  
Bilingual Education ◽  
Modern World ◽  
Minority Languages ◽  
Linguistic Identity ◽  
Right To Education ◽  
Linguistic Rights ◽  
National Minorities ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The article discusses the relationship of bilingual education with the problems of ethnic and language identification in the USSR and modern Russia. The concept of protecting the rights of national minorities includes an extensive range of linguistic rights and the right to education in minority languages. This right is protected by many international agreements and documents of international organizations and is considered to be an unconditional conquest of fighters for human rights. However, this ignores cases of inconsistencies in ethnic and linguistic identity, which are increasingly frequent in the modern world, and the right of citizens to free ethnic and linguistic self-determination. Planning in the field of bilingual education and teacher training requires objective information on the real number of people willing to study in minority languages, which can be obtained as a result of language monitoring and censuses.

scholarly journals Child's Right of Education in Islam and Afghan Laws

2021 ◽  
pp. 1-8
Author(s):  
Abdul Qader Nael
Keyword(s):  
Human Life ◽  
Human Beings ◽  
Right To Education ◽  
Legal Documents ◽  
Important Stage ◽  
Legal Provisions ◽  
The World ◽  
The Government ◽  
The Right ◽  
Effective Education

Childhood is an important stage of human life that has been valued in different forms by different societies and nations of the world. According to Muslim jurists, this stage of life begins from birth and continues until puberty. Afghan modern laws and many related international legal documents consider the age of 18 to be the end of childhood. Human beings at this important stage of life, called "children", have a lot of rights because of their weakness, inability to live independently, and because they need to be assisted to pass this important stage of life well and become effective persons in the society. One of the most important rights of a child is having access to a sound and effective education. Caring for this right of children is the responsibility of their parents, relatives, and the government, respectively. In view of this, Islamic Sharia and modern laws, both national and international, recognize the right to education as one of the most important rights of a child, and have enacted many legal provisions in this field and obliged the parties involved to implement them.

scholarly journals Serbs as a new national minority in post-Yugoslav states

Sociologija ◽  
2011 ◽  
Vol 53 (4) ◽  
pp. 417-432
Author(s):  
Nada Raduski
Keyword(s):  
Social Life ◽  
Legal Status ◽  
National Minority ◽  
Right To Education ◽  
Minority Protection ◽  
Linguistic Rights ◽  
The Status ◽  
European Standards ◽  
The Right ◽  
Bilateral Treaties

Recent political changes in states founded on the territory of the former Yugoslavia have resulted in profound changes in relation to minorities. The factual status of Serbian minorities in the neighboring countries has been influenced by various circumstances - demographic, political, legal, historical, etc. Outside Serbia, in former Yugoslav republics there are nearly half a million persons belonging to Serbian nationality who have the status of national minority. Although their social and legal status is defined according to European standards of minority protection, closer analysis points to a rather unfavorable status of Serbian minorities. A reason for such a situation may also be found in the poorly designed and insufficiently organized policy of the homeland country. Bilateral treaties are a way to protect more efficiently compatriots in other countries, as well as an efficient mechanism for better integration of minorities in all fields of social life in the territorial country. Minorities? rights stipulated in most bilateral treaties are the right to ethnic identity, linguistic rights, right to education, media rights, etc.

scholarly journals O TRABALHADOR ENVELHECIDO E O DIREITO À EDUCAÇÃO

Revista Labor ◽  
2018 ◽  
Vol 2 (18) ◽  
pp. 217
Author(s):  
Lucinéia Contiero ◽  
Gisele Pasquini Fernandes
Keyword(s):  
National Policy ◽  
The Elderly ◽  
Developed Countries ◽  
Point Of View ◽  
Right To Education ◽  
Legal Documents ◽  
Federal Constitution ◽  
Training Courses ◽  
The Right

É notório o ganho na esperança de vida relacionado a aspectos na melhoria das condições de saúde e qualidade de vida da população, o que leva à longevidade, observada não apenas em países ricos e desenvolvidos, como também em países em desenvolvimento como é o caso do Brasil. Este artigo é um estudo reflexivo e tem como objetivo analisar o direito à educação do trabalhador envelhecido e/ou do idoso em documentos legais. O percurso do trabalho parte de análises dos documentos legais que versam sobre o direito da pessoa idosa, principalmente no tocante à educação. Destacam-se: Constituição Federal de 1988, Política Nacional do Idoso (Lei nº 8.842/1994), Lei de Diretrizes e Bases (Lei nº 9.394/96) e Estatuto do Idoso (Lei nº 10.741/2003). Somado a isto, recorremos a alguns estudiosos que contribuíram para as análises aqui empreendidas, como Beauvoir (1990), Teixeira (2008), Kreling (2008), Fernandes (2015). Constata-se que o direito à educação do idoso é estabelecido de forma abrangente e genérica nas legislações analisadas, não abordando questões metodológicas, didático-pedagógicas, de financiamento e estruturais do ponto de vista de elaboração de currículos e/ou cursos em que se integre efetivamente a população envelhecida. Sugere-se colocar na pauta da discussão debates sobre a educação dos trabalhadores envelhecidos, bem como realizar análises críticas sobre os currículos dos cursos de formação de professores com o intuito de preparar melhor a sociedade para minimizar as exclusões sociais e os preconceitos estabelecidos a partir dos estereótipos e mitos sobre o envelhecimento.AbstractThe gain in life expectancy related to aspects of improving health conditions and quality of life of the population is noticeable, which leads to longevity, observed not only in rich and developed countries, but also in developing countries as in the case of Brazil. This article is a reflexive study and aims to analyze the right to education of the aged and / or elderly worker in legal documents. The work is based on analyzes of the legal documents that deal with the right of the elderly, especially with regard to education. The following stand out: Federal Constitution of 1988, National Policy for the Elderly (Law No. 8,842 / 1994), Law of Guidelines and Bases (Law 9394/96) and Statute of the Elderly (Law No. 10.741 / 2003). In addition to this, we have used some scholars who contributed to the analyzes undertaken here, such as Beauvoir (1990), Teixeira (2008), Kreling (2008), Fernandes (2015). It is observed that the right to education of the elderly is established in a comprehensive and generic way in the legislations analyzed, not addressing methodological, didactic-pedagogical, financing and structural aspects from the point of view of curriculum development and / or courses in which it is integrated aging population. It is suggested that debates on the education of aging workers be discussed as well as critical analyzes of the curricula of teacher training courses in order to better prepare society to minimize social exclusions and prejudices established from the stereotypes and myths about aging.

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 The adjudication of the language of education case in the Constitutional Court of Ukraine – a comparative analysis with ECtHR jurisprudence

2020 ◽  
pp. 94-104
Author(s):  
Volodymyr Makarchuk ◽  
Volodymyr Markovskyi ◽  
Roman Demkiv ◽  
Anatoliy Lytvynenko
Keyword(s):  
Mother Tongue ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Court ◽  
Right To Education ◽  
Linguistic Rights ◽  
National Minorities ◽  
Venice Commission ◽  
The Right ◽  
State Language

The changes in the Ukraine’s state language policy in the sphere of education were subjected to Hungarian, Romanian and PASEcriticism since 2017 (wherein the critics claimed that Ukraine, by adopting and implementing the appropriate legislation tapered thelinguistic rights of national minorities in the part of their right to education by using the mother tongue). Therefore, the Venice Commission,and then, the Ukraine’s Constitutional Court have delivered its conclusions and decisions if the new Law on Education of 2017violates the linguistic rights of the minorities, ensured by the Ukraine’s Constitution. Hence, the paper focuses on highlighting the positionof the parties of the constitutional proceedings concerning the constitutionality of Ukraine’s Law “On Education” of 2017.The authors have also analyzed the legal positions of the Constitutional Court of Ukraine, upon which the abovementioned lawwas recognized as constitutional. While adjudicating the case, the Constitutional Court adopted the position of the Ministry of Educationand Science of Ukraine, upon which the state has a right to implement various approaches to national minorities and the indigenouspeople concerning the legal regulation of the right to education conducted by the mother tongue; at the same time, the obligation of thenational minorities to learn and dispose the state language should not be treated as a kind of discrimination or a violation of their rightto education by using the mother tongue.

scholarly journals Realization of the human right to education in quarantine conditions: Ukrainian realities

2020 ◽  
Vol 8 (4) ◽  
pp. 8-18
Author(s):  
Natalia Mykolayvna Kalyniuk ◽  
Keyword(s):  
Distance Learning ◽  
Civil Rights ◽  
Infectious Diseases ◽  
Local Governments ◽  
Emergency Situation ◽  
The State ◽  
Right To Education ◽  
The Law ◽  
Constitutional Right ◽  
The Right

It is substantiated that one of the effective ways to protect human and civil rights in Ukraine is a synergistic combination of mechanisms of state power to protect these rights and freedoms. The article is devoted to the problem of realization by a person of the constitutional right to education in the conditions of quarantine restrictions. In general, the current legislation on protection of the population from infectious diseases is not properly applied in Ukraine. It is emphasized that the availability of education as a constitutional guarantee of the realization of the right to education on the principles of equality defined by Art. 24 of the Constitution of Ukraine is that no one can be deprived of the right to education, and the state must create opportunities for the exercise of this right. The problematic aspects of the implementation of the constitutional right to education in the conditions of quarantine established in the state and the approved anti-epidemic measures for the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 are considered. The shortcomings of the current legislation regulating the implementation of the individual and the right to education in the context of the COVID-19 pandemic are highlighted. It is established that the legal grounds for the introduction of an emergency situation in Ukraine are the Law of Ukraine "On Ensuring the Sanitary and Epidemic Welfare of the Population" and the Law of Ukraine "On Protection of the Population from Infectious Diseases". However, neither the Law of Ukraine "On Ensuring the Sanitary and Epidemic Welfare of the Population" nor the Law of Ukraine "On Protection of the Population from Infectious Diseases" can provide the Cabinet of Ministers of Ukraine with restrictions on constitutional rights and freedoms under Article 64 of the Constitution. restrictions only in case of martial law or state of emergency. The mechanisms of realization by a person of the constitutional right to education in the conditions of established quarantine restrictions are clarified. Distance learning has been studied as the only possible alternative to the usual mode of attending secondary schools. It is proved that currently in schools there is no opportunity, time, funds for the organization of system and technical support of distance learning, therefore, the only possible form of education is to visit schools in the usual way. In addition, we draw your attention to the fact that before the beginning of the school year, education authorities at both regional and regional levels, local governments, which under current law are required to comply with the orders of the executive body implementing policy in the field of protection health in the context of preventing the spread of infectious diseases and the application of anti-epidemic measures, checking the readiness of educational institutions to work in quarantine realities. Schools are sufficiently provided with individual and collective protection. This allows them to operate and provide educational services to students.

scholarly journals Pelaksanaan Jaminan Hak Keperdataan Subyek Hukum Manusia Atas Perubahan Atau Penambahan Nama Dalam Hukum Positif Indonesia Di Serang Banten

2021 ◽  
Vol 21 (1) ◽  
pp. 227
Author(s):  
Dede Agus ◽  
Lia Riesta Dewi
Keyword(s):  
Civil Rights ◽  
Research Result ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Documents ◽  
Positive Law ◽  
It Implementation ◽  
Qualitative Descriptive ◽  
The Right

In accordance with the right to naming the rights of each subject human law, the change or  addition of names are also the same. Therefore, this research aims to describe how the guarantee and implementation of civil rights for the change or addition of names in positive law and the legal consequences for population documents and other legal documents. This research method, normative juridical based on secondary data and much supported primary data, and finally were analysed qualitative descriptive. The research result shows that the change or addition of names in population documents and civil registries has been guaranteed implicitly and explicitly by the Law No. 23 of 2006 on Population Administration and Law No.24 of 2013 on the amendments law, and it implementation regulations. Likewise, the implementation of civil rights for changes or additions to names in population documents and civil registries, as well as other documents has been in practice. Due to law arising, such as: must obtain a district court decisions, a request for a changes to the population and civil registries, margin notes on the deed register, change the  name of other population identity on a documents, as well as sanctions had been imposed on population administration in according to the population administration Law.

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