scholarly journals The Educational Rights of Asylum Seeking Children: Observing Failure

Author(s):  
Melanie Stern

This article is based on observations of the educational facilities provided for asylum seeking children detained on Christmas Island. The article concludes that these facilities fail to meet Australia’s international obligations and political pledges which aim to protect the right to education of asylum seeking children.

2016 ◽  
Vol 3 (2) ◽  
Author(s):  
Phalguni Bhattacharya

Purpose: The present study examined the right to education of mentally challenged children in special schools and government schools to compare educational facilities and availability of special educators. Method: Sample of 40 special schools mentally challenged children and 40 Government schools under inclusion education system mentally challenged children of both gender participated.Similarly10 teachers of five special school and 10 teachers of five govt. school under inclusion education system. Measures used were self-made questionnaire. Result: Percentage revealed that Governmental facilities and availability of special educators significantly differ between special schools and Governmental schools under inclusion education structure. Contribution of the Research: After implementation of right to education act, education becomes the fundamental right of each and every child. Article 21-A included disabled children in this act. The contribution of the study is to betterment of Governmental facilities for all mentally challenged children of both schools and maintain proper ratio in class between special educator and mentally challenged children. Therefore the study enlightens more awareness among society about inclusion education system for mentally challenged children.


2019 ◽  
Vol 15 (1) ◽  
pp. 10-23
Author(s):  
Dewi Ratnawati ◽  
Sulistyorini Sulistyorini ◽  
Ahmad Zainal Abidin

Abstract. Educational discrimination often occurs in people's lives. This is influenced by the distinction that appear from the community itself. This distinction can be seen from the perspective of the community to educational rights of men and women. The main factors that influence the emergence of discrimination against the right to education include normal or traditional rules that kill the character of women, the physical form of women, the economic pace, misinterpretation of religious teachings, and cultural beliefs that grow in the lives of rural communities. This requires a maximum effort in aligning the paradigm between rural communities and communities by involving religious teachings as supporters of the realization of equal educational rights for men and women. By using exploratory-descriptive eruption studies, it results in findings that the viewpoints related to equality of education rights of men and women are divided in two. First, the viewpoint of the community which encompasses patriarchal culture, humanism, economics, and education. Second, the viewpoint of the Hadith and the Al-Qur'an. Abstrak. Diskriminasi pendidikan kerapkali terjadi di dalam kehidupan masyarakat. Hal ini dipengaruhi oleh distingsi yang muncul dari masyarakat itu sendiri. Distingsi itu dapat dilihat dari sudut pandang masyarakat terhadap hak pendidikan laki-laki dan perempuan. Faktor utama yang mempengaruhi munculnya diskriminasi terhadap hak pendidikan meliputi normal atau aturan tradisional yang membunuh karakter perempuan, bentuk fisik perempuan, laju ekonomi, penafsiran yang salah terhadap ajaran agama, serta keyakinan budaya yang tumbuh dalam kehidupan masyarakat pedesaan. Hal ini membutuhkan usaha maksimal dalam penyelarasan paradigma antara masyarakat pedesaan dan masyarakat perkotaan dengan melibatkan ajaran agama sebagai pendukung terhadap realisasi kesetaraan hak pendidikan laki-laki dan perempuan. Dengan menggunakan studi leterasi berupa eksploratif-deskriptif, mengahasilkan temuan bahwa sudut pandang terkait kesetaraan hak pendidikan laki-laki dan perempuan dibagi dua. Pertama, sudut pandang masyarakat yang meliputi budaya patriarki, budaya humanisme, ekonomi, dan edukasi. Kedua, sudut pandang perspektif hadits dan Al-Qur’an. 


Author(s):  
Maria das Graça Santos Ribeiro ◽  
Igor Tairone Ramos dos Santos ◽  
Adenilson Souza Cunha Junior

The present work is the result of studies performed at the college’s subject Education, Public Policy and Management in Education. The function of this work is to investigate the tensions, contradictions and new challenges that are engendered in the confrontations towards the assurance and the denial of the right to education for the peasant population. The research was developed through a documentation analysis of qualitative nature, guided in the dialectical historical materialism approach as a method. This work is based on the theoretical assumptions defended by Arroyo and Fernandes (1999), Caldart (2003; 2011), Marx and Engels (2011, among others. The findings indicate advances in the Education National Plan (2014), but it did not show significant achievements towards the Field’s Education. There is a long way to go in the educational rights for the peasant population, which are permeated by tensions, contradictions and challenges. significant achievements with regard to the Rural Education.


Obiter ◽  
2021 ◽  
Vol 33 (1) ◽  
Author(s):  
Elijah Adewale Taiwo ◽  
Avinash Govindjee

This is the first of the two articles dealing with the implementation of the right to education in South Africa and Nigeria. The article examines the meaning and the process of implementation of the right to education as well as the general nature of states’ obligations under the international human rights instruments regarding the right to education. The article examines the measures put in place at the international level towards realizing the right to education. While this first article examines legislative measures, the follow-up article examines the non-legislative measures, that is, administrative measures as well as other measures put in place to ensure theimplementation of the right to education. The right to education is an empowerment right which is given wide recognition in a number of important international and regional human rights instruments as well as in national constitutions. The article argues that in terms of the international human rights instruments, states are obliged to make primary, secondary and higher levels of education available, accessible, acceptable and adaptable to all in their territories. It posits that by having ratified those international agreements in which the right to education is guaranteed, both South Africa and Nigeria assumed obligations under international law enjoining themto realize the right to education and to respect freedoms in education in their respective territories. It submits that, despite the international obligations and commitments to provide education for all, there is a significant gap between what is stipulated and the practical realities in the two countries.


2021 ◽  
Vol 11 (2) ◽  
pp. 289-352
Author(s):  
Mónica Martínez López-Sáez ◽  
Roser Almenar Rodríguez

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.


2021 ◽  
Vol 11 (6) ◽  
pp. 68
Author(s):  
RN Nylon Marishane

This paper focuses on the school's protection of the right to education for immigrant learners as perceived by their parents.  With its approach to the subject from the human rights-based educational perspective, this paper sought to examine immigrant parents' views on their children's right to education against their background as vulnerable and marginalised school community members. The assumption on which the study presented in this paper is based is that meaningful discussion on the right to education for immigrant learners cannot be disconnected from the challenges their parents face in educating them. Immigrant parents have their views and experiences relating to children's educational rights, which are seldom studied. Guided by this view, a qualitative approach was followed to gather data through semi-structured individual interviews held with parents of immigrant learners from four purposively selected South African township schools. The results show that immigrant parents experience enormous challenges in the education of their children in South African schools. While some of the challenges are transferred from them to their children because of non-citizenship, they attribute most of the challenges to people who teach their children, namely, teachers.      Received: 2 August 2021 / Accepted: 3 October 2021 / Published: 5 November 2021


2021 ◽  
pp. 69-90
Author(s):  
Christopher Martin

This chapter argues that holding personal autonomy as a political ideal entails a right to education over a full life, not just childhood. The first section reviews the terms under which autonomy is commonly held to be basic to liberal citizenship and how this justifies an individual right to a basic compulsory education in childhood. The second section argues that the tendency to see this right as applying to childhood only is due to an unduly narrow view of autonomy as a political ideal. Finally, it defends an expanded view of autonomy that justifies a role for education in a good life in media res. This role is held to be sufficiently important enough to warrant extending citizens’ educational rights to include post-compulsory provision.


2012 ◽  
Vol 20 (4) ◽  
pp. 486-500 ◽  
Author(s):  
Shulamit Almog ◽  
Lotem Perry-Hazan

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.


2020 ◽  
Vol 15 (2) ◽  
pp. 219-240
Author(s):  
Ridwan Arifin ◽  
Rodiyah Rodiyah ◽  
Fadhilah Rizky Afriani Putri

The right to education is a fundamental human right and must be fulfilled by the state. However, the right to education, especially for women with underage marriages (child marriages), has not yet had adequate education. This paper aims to analyze the legal and social aspects of children's educational rights, especially women with conditions of underage marriage (child marriage) in Indonesia. This study examines the formal juridical aspects of the protection and guarantee of education rights for women and social aspects related to the constraints of fulfilling women's education. This research is a normative juridical study in which this study looks at the community's various facts based on the applicable legal rules. This research's social aspects are seen based on various social theories related to this research study; the data and facts obtained in this study are data sourced from previous research, both print and online media. This research confirms that child marriage is motivated by many factors, one of which is economic conditions so that women cannot achieve the rights to education. However, according to the 1945 Constitution Article 31 paragraph (1) that every citizen has the right to get an education. However, there are no strict criminal sanctions for families who leave their children out of school in terms of law enforcement.


2011 ◽  
Vol 2 (2) ◽  
pp. 281-324 ◽  
Author(s):  
Bede Sheppard ◽  
Kennji Kizuka

Schools around the world are being used for military purposes by State security forces and non-state armed groups. A review of conflicts in 23 countries since 2006 reveals that military use of schools often disrupts, or altogether halts, children’s education and places students and schools at increased risk of abuse and attack. While international humanitarian law does not prohibit the military use of schools, failing to evacuate students from partially occupied schools, which have become military objectives subject to attack, may violate humanitarian law. Moreover, where military use impedes education, States may also violate international human rights obligations to ensure the right to education. Despite these negative consequences and the international legal framework restricting this practice, few States have enacted national prohibitions or restrictions to regulate the military use of schools explicitly. However, the experiences of countries heavily affected by conflict – Colombia, India, and the Philippines – indicate that States can counter opposition armed groups while completely prohibiting the military use of schools. This article argues that States should adopt and implement national legislation and military laws that restrict the military use of schools to better comply with their existing international obligations to protect schoolchildren and ensure the right to education.


Sign in / Sign up

Export Citation Format

Share Document