scholarly journals Educación, jueces y constitución, 1978-2020 (II): los derechos mentales y educativos de los menores

Author(s):  
Antonio Viñao Frago

This essay concerns the respect in Spain of the mental, (in)formative, and educational rights recognized in the 1989 Convention on the Rights of the Child, especially in relation to the rights of parents to have their children receive religious and moral training in accordance with their convictions (art. 27.3 of 1978 Constitution). After a historical reference to the aforementioned rights of minors, the article offers an analysis of the Convention and its legal development in Spain; the nature, propietorship and limits of the rights alluded to of the parents; the child’s freedom of thought, conscience and religion; and the judicial treatment of both rights in cases of divergence or conflict are analysed.

2018 ◽  
Vol 16 (3) ◽  
pp. 251-276 ◽  
Author(s):  
Melinda Lemke ◽  
Lei Zhu

The well-documented global economic disinvestment in schooling necessitates critical examination of policy discourses that influence educational systems and student learning. Situated within the critical policy studies tradition, the present study conducted a critical discourse analysis of the Donaldson Report (2015), a proposed comprehensive Welsh learning and accountability system. We begin with a brief discussion of research focused on global accountability reform within the new economy. To situate the Donaldson Report within this research, we review literature on reforms within the United Kingdom, with special attention to the Welsh educational policy context, which also includes incorporation of the United Nations Convention on the Rights of the Child (UNCRC) into national policy. Findings highlight a limited Report focus on core educational rights embodied within the UNCRC and recommendations for a new system that leans toward a more technocratic and performance orientation. We conclude with implications for the exercise of children’s rights within Welsh schooling.


2021 ◽  
Vol 4 (2) ◽  
pp. 26-48
Author(s):  
Shabnam Moinipour

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.


DÍKÉ ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 105-118
Author(s):  
Giang HUYNH THI TRUC

In Vietnam, the government has focused on protecting children’s rights for many years, especially after the State signed the United Nations Convention on the Rights of the Child; however, whether such rights existed during the French colonial rule in Vietnam is an issue that needs to be clarified. This paper is formulated on the premise that the protection of children’s right was legislated in the Vietnamese law during the French occupation. In order to prove this position, this paper considers the laws enforced during the French colonial rule in Vietnam (1858–1945).


1991 ◽  
Vol 46 (1) ◽  
pp. 49-49 ◽  
Author(s):  
Brian L. Wilcox ◽  
Hedwin Nalmark

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