scholarly journals Gender-separate education in Spain: reflections on educational rights and freedoms from a constitutional and human-rights perspective

2021 ◽  
Vol 11 (2) ◽  
pp. 289-352
Author(s):  
Mónica Martínez López-Sáez ◽  
Roser Almenar Rodríguez
Keyword(s):  
Human Rights ◽  
Cultural Pluralism ◽  
Right To Education ◽  
Pedagogical Model ◽  
The Past ◽  
Spanish Constitution ◽  
Educational Rights ◽  
Constitutional State ◽  
Public Scrutiny ◽  
The Right

Gender-separate education, understood as a pedagogical model that provides separate schooling for boys and girls, has been subject to legal and public scrutiny for the past thirty years. Nonetheless, it has not been until 2018 that this educational option was put into the spotlight, especially regarding its constitutionality and compatibility with arts. 1.1, 9.2 and 14 of the Spanish Constitution, which constitute a manifestation of the principles of equality and non-discrimination, while at the same time trying to balance it with art. 27 of said constitutional text, with respect to the right to education and freedom to choose and create educational centers. Against this backdrop, the present paper reviews the constitutional state of play and makes further reflections from a rights-based perspective and taking into account the cultural pluralism that characterizes contemporary societies.

Conceptualizing the Right of Children to Adaptable Education

2012 ◽  
Vol 20 (4) ◽  
pp. 486-500 ◽  
Author(s):  
Shulamit Almog ◽  
Lotem Perry-Hazan
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Education ◽  
International Human Rights ◽  
Educational Rights ◽  
Social Interests ◽  
Key Factor ◽  
International Human ◽  
The Right

The contention put forward here is that a conceptualization of the right to adaptable education, derived from international human rights law, may be a key factor in interpreting and reviving the notion of multiculturalism in education. We will begin by analyzing two interrelated dimensions of the right to adaptable education: adaptability to the children’s circles of cultural affiliations and adaptability to the children’s preferences. We will continue by describing the need to balance between the right to adaptable education and other features of the right to education - available education, accessible education and acceptable education - as well as with parental rights and social interests. We will conclude by suggesting that the right to adaptable education, as it is defined by international human rights law, can be employed both as a safeguard against denying children educational rights by using the pretext of multiculturalism and as a means for furnishing the notion of multiculturalism with honed, multilayered relevance.

scholarly journals The Islamic Republic of Iran and children’s right to education: acceptability & adaptability

2021 ◽  
Vol 4 (2) ◽  
pp. 26-48
Author(s):  
Shabnam Moinipour
Keyword(s):  
Human Rights ◽  
Best Interests ◽  
Islamic Republic ◽  
Right To Education ◽  
Cultural Rights ◽  
Educational Rights ◽  
Rights Of The Child ◽  
Islamic Republic Of Iran ◽  
The Right ◽  
Human Rights Standards

Iran, as a United Nations member state, has made moral and legal commitments to conform to international human rights standards, including the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) and the 1989 Convention on the Rights of the Child (CRC), which address the right to education. This article reviews Iran’s commitments to children’s educational rights, drawing on the 4-A scheme developed by the former Special Rapporteur of the UN High Commission for Human Rights on Education, Katarina Tomaševski, whereby education should be available, accessible, acceptable, and adaptable. It examines the State’s obligation to ensure education is acceptable and adaptable. It identifies a number of legal and political reasons why children are unable to claim their educational rights. It calls for substantial educational and societal reform and the prioritisation of the child’s best interests, over those of the State.

scholarly journals El diseño constitucional de los derechos educativos ante los retos presentes y futuros // The constitutional design of educational rights to the present and future challenges

2017 ◽  
Vol 1 (100) ◽  
pp. 739
Author(s):  
Carlos Vidal Prado
Keyword(s):  
Political Parties ◽  
Constitutional Reform ◽  
Right To Education ◽  
Educational Legislation ◽  
Constitutional Design ◽  
Spanish Constitution ◽  
Educational Rights ◽  
Future Challenges ◽  
Different Dimensions ◽  
The Right

ResumenSe analizan en este trabajo las frecuentes disputas políticas y en la opinión pública española sobre el derecho a la educación y la libertad de enseñanza garantizados en la Constitución española. Si se hace una lectura rigurosa y racional del artículo 27 de la Constitución se puede comprobar que contiene una serie de elementos que son básicos para poder alcanzar acuerdos en este ámbito. Si se quiere alcanzar un pacto educativo para que la legislación educativa en España tenga más estabilidad, no debería abandonarse la senda del consenso que se recorrió al elaborar el artículo 27, que busca un equilibrio entre las distintas posiciones políticas e ideológicas en relación al sistema educativo, garantizando las diversas dimensiones del derecho, especialmente la dimensión de derecho social de prestación y la de derecho de libertad Summary:I. Education, subject of frequent political disputes. II. Dimensions of the right to education and the state’s role. III. The object of education determined in the constitution and the intensity of its effectiveness. IV. Is a constitutional reform necessary in the field of educational rights? .Abstract:This work discusses the frequent disputes in Spanish politic and public opinion on the right to education and freedom of education guaranteed in the Spanish Constitution. If we made a rigorous and rational reading of article 27 of the Constitution can verify that it contains a number of elements that are essential to be able to reach agreements in this area. If political parties want to reach a Education Pact so that the educational legislation in Spain acquires greater stability, should not leave the path of consensus which toured to elaborate on article 27, which seeks a balance between the different political and ideological positions relative to the efficiency of education, guaranteeing the different dimensions of the right to education, especially the dimension of social right and the dimension of freedom.  

Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?

2020 ◽  
Author(s):  
Léon E Dijkman
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Federal Supreme ◽  
Validity Of A Patent

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

scholarly journals The Role of Open and Distance Learning in the Implementation of the Right to Education in Zambia

2008 ◽  
Vol 9 (1) ◽  
Author(s):  
Richard Siaciwena ◽  
Foster Lubinda
Keyword(s):  
Human Rights ◽  
Distance Learning ◽  
Right To Education ◽  
Youth Policy ◽  
Child Rights ◽  
Rights Of The Child ◽  
Child Policy ◽  
Open And Distance Learning ◽  
The Right

As a member of the United Nations, Zambia is committed to the observance of human rights enshrined in the Universal Declaration of Human Rights of 1948. This is evidenced, among others, by the fact that Zambia is a signatory to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Zambia has a permanent Human Rights Commission that includes a subcommittee on child rights whose focus is on child abuse and education. Zambia also has a National Child Policy and National Youth Policy whose main objectives are to holistically address problems affecting children and youth. This paper focuses on the progress and challenges currently facing Zambia and the role of open and distance learning in addressing those challenges.

scholarly journals The Right to Survival in the Democratic People's Republic of Korea

2010 ◽  
Vol 9 (1) ◽  
pp. 87-117 ◽  
Author(s):  
Jiyoung Song
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Public Discourse ◽  
Confucian Tradition ◽  
The Public ◽  
The Past ◽  
North Korean Defectors ◽  
The Right ◽  
The Cold War ◽  
Over Time

AbstractFor the past decade, the author has examined North Korean primary public documents and concludes that there have been changes of identities and ideas in the public discourse of human rights in the DPRK: from strong post-colonialism to Marxism-Leninism, from there to the creation of Juche as the state ideology and finally 'our style' socialism. This paper explains the background to Kim Jong Il's 'our style' human rights in North Korea: his broader framework, 'our style' socialism, with its two supporting ideational mechanisms, named 'virtuous politics' and 'military-first politics'. It analyses how some of these characteristics have disappeared while others have been reinforced over time. Marxism has significantly withered away since the end of the Cold War, and communism was finally deleted from the latest 2009 amended Socialist Constitution, whereas the concept of sovereignty has been strengthened and the language of duties has been actively employed by the authority almost as a relapse to the feudal Confucian tradition. The paper also includes some first-hand accounts from North Korean defectors interviewed in South Korea in October–December 2008. They show the perception of ordinary North Koreans on the ideas of human rights.

The Implications of TRIPs ’ Criminal Provisions on Copyright Exception for Education in Ethiopia: A Critical Approach from a Human Rights Perspective

2021 ◽  
Vol 29 (2) ◽  
pp. 263-287
Author(s):  
Sileshi B. Hirko
Keyword(s):  
Human Rights ◽  
Tertiary Education ◽  
Developed Countries ◽  
Critical Approach ◽  
Right To Education ◽  
Learning Materials ◽  
Criminal Sanctions ◽  
Copyright Exception ◽  
Limitations And Exceptions ◽  
The Right

It is undisputed that education is instrumental both for socio-economic development and the enjoyment of other fundamental human rights. In particular, a tertiary education is very critical for less developed countries (LDCs) such as Ethiopia where education is considered a vital tool for sustainable development. Nonetheless, a quality tertiary education depends, inter alia, upon sufficient access to most copyrighted learning materials through a balanced copyright system with adequate room for flexibility. In fact, the tension between copyright protection and the right to education is integral to the global debate between intellectual property and human rights regimes. Despite its compelling socio-economic needs and its human rights obligation that dictate a broader room for flexibility, Ethiopia has adopted a very restrictive copyright system with a narrow set of limitations and exceptions (L&Es) for education. Further, both its copyright and criminal laws prescribe severe criminal sanctions for any act of copyright infringement. In so doing, Ethiopia has taken a legislative approach that exacerbates the problems related to both TRIPs’ implementation and access to learning materials. In the absence of a concrete step to rethink the approach, the effective utilisation of the constrained exception for education will be further undermined by TRIPs’ criminal enforcement in disregard of the socio-economic contexts of the country.

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.

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