Paradoxes in School Educational Policies and Practices: Equity in Chaos

This paper explores the paradoxes inherent within the intentions of Nepal’s public education policies and their actual implementation in local communities. It looks specifically at Nepal’s Constitutional Right to equitable quality education for socio-economically disadvantaged children. It highlights paradoxes in four major areas: 1) free and compulsory education, 2) equity and inclusion, 3) localizing education policies, and 4) the use of language in education, in the federal context of Nepal. To analyse school education policies and documents, we used participatory methods to generate data under the interpretive paradigm. More specifically, we held FGDs and interviews with women, Dalits, people with disability, indigenous groups, local governments, parents, teachers and students. The results show a number of significant paradoxes between the educational policies and the lived experiences of those in the local communities. The education policies deviate from the spirit of the Constitution and implementation is unsuccessful in delivering equitable education for all. A policy on paper does not guarantee equitable quality education and there are a number of questions that the government needs to consider to achieve the equity agenda.

Legitimacy of the Dissolution of Beliefs by Community Organizations

Article 28E paragraph (1) of the 1945 Constitution states "Every person shall be free to choose and to practice the religion of his/her choice, to choose one’s education, to choose one’s employment, to choose one’s citizenship, and to choose one’s place of residence within the state territory, to leave it and to subsequently return to it.” In paragraph (2), everyone has the right to the freedom to believe in his/her beliefs, to express his/her views and thoughts, according to his/her conscience. The constitutional guarantees for believers can also be seen in Article 29 of the 1945 Constitution stating that the state shall be based upon the One and Only God and the State guarantees all persons the freedom of worship, each according to his/her own religion or belief. The Constitutional Court affirms that the right to adhere to a religion or belief in God Almighty is a citizen's constitutional right, not a gift from the state. Therefore, the state is obliged to protect and guarantee the fulfillment of the rights of it’s the citizens to embrace a belief other than the six religions developed in Indonesia. However, in practice the dissolution of beliefs is actually carried out by community organizations. In this study, two things will be discussed namely: 1) What is the legal position of adherents of belief in the national legal system? 2) Do community organizations have the authority to dissolve religious beliefs? This research is normative juridical research, in which the problems in this research are analyzed qualitatively.

Equitable Access to Water at Alfred Duma Local Municipality

Water plays a central role in the life of society. However, factors such as population growth, pollution, and poor allocation and distribution mechanisms place severe pressures on adequate and equitable water supply. The aim of this chapter was to look into equitable water access in the Alfred Duma Local Municipality as well as the ecological governance framework that supports water access in local areas. The chapter also looked at the position of local municipality in water access and the impact of ecological scale on water provision. Many people are still unable to exercise their constitutional right to water in Alfred Duma Local Municipality, where most women feel disempowered, marginalized, and excluded from the process of making water access decisions. This brings challenges to disadvantaged and arginalized groups socially, economically, and environmentally where vulnerable and marginalised groups have no opportunity to equitably benefit from water access.

Czy państwo może decydować o miejscu pochówku dyktatora? Komentarz do postanowienia hiszpańskiego Trybunału Konstytucyjnego z 17 października 2019 roku w sprawie ekshumacji szczątków Francisca Franco Bahamondego

This article comments on the Spanish Constitutional Court’s order of 17 October 2019, ATC 119/2020, regarding the exhumation and transfer of the remains of Francisco Franco Bahamonde from the Valley of the Fallen. Franco’s relatives brought a constitutional complaint before the Constitutional Court against the resolutions of the Council of Ministers of 15 February and 15 March 2019, which concerned the exhumation of the dictator’s remains and their transfer to the Mingorrrubio Cemetery in El Pardo. This was done against the wishes of the family, who had indicated another location. The applicants submitted, inter alia, that their right to respect for private and family life had been violated. In fact, certain issues relating to the treatment of the body of a deceased person fall within the scope of the right to privacy. However, the Spanish Court did not accept the applicants’ plea and held that there was no violation of the constitutional right. It justified its decision on the grounds that the right to protection of private and family life is not absolute and is subject to limitations, and that the measures applied in this case were in line with a “constitutionally legitimate aim,” proportionate and necessary. The Court’s decision is correct, although its reasoning leaves much to be desired. The Court could have strengthened its argumentation with, first, a more in-depth analysis of proportionality, and, second, with reference to Strasburg standards. In particular, as the Court pointed out, the historical and political importance of the person at the head of the political regime established after the civil war and acting as head of state meant that the decision on where to bury his remains went beyond the dimension of an individual private matter.

The development of phrasal speech in primary schoolchildren with multiple developmental disabilities

Introduction. Today, the education system covers all categories of children with disabilities. This category also includes children with severe and multiple developmental disabilities. Until recently, only a small part of these children studied. Most of them did not study due to the severity of a developmental disability. Consequently, in order to exercise their constitutional right to education, specialists of a special (defectological) profile should be actively involved in the development of training programs and psychological-pedagogical support for such children. The purpose of the study is to test a program for phrasal speech development in primary schoolchildren with multiple developmental disabilities. Materials and methods. The study was conducted at schools for students with disabilities in the cities of Kirovo-Chepetsk and Kirov (Kirov region, Russian Federation). The empirical part of the work was carried out on a sample of thirty-four (34) primary schoolchildren with multiple developmental disabilities. The adapted methodology of L.V. Kovrigina "The study of phrasal speech" was used, which makes it possible to assess the development of impressive and expressive phrasal speech. Results. A correctional-developmental program for phrasal speech development in primary schoolchildren with multiple developmental disabilities was developed and tested. This program is aimed at developing the understanding of addressed speech, expanding vocabulary, activating one's own speech utterance through learning to form and expand a phrase. The positive dynamics of phrasal speech development in primary schoolchildren after the formative experiment was revealed. There were significant changes in the development of impressive (χ2=47.852 at p≤0.05) and expressive (χ2=33.78 at p≤0.05) phrasal speech. Discussion and conclusion. The research materials can be used by specialists in organizing and performing correctional-developmental work with this category of children in the context of special education.

الطبيعة القانونية للتنبؤ بالجريمة بواسطة الذكاء الاصطناعي ومشروعيته

Predicting a crime before it occurs is not considered unseen, but rather a probable prediction, it may even be probable, concerned with analyzing a large amount of data according to algorithms prepared in advance for this purpose, that modern technology produced by artificial intelligence has had a great impact in aborting crime early. The fight against criminality is a necessary and vital matter that is renewed and developed according to the reality of its society, and the curtain does not fall - at the same time - on the jurisprudential theories that have always lurked with the criminal, sometimes analyzing him psychologically, sometimes socially, and sometimes biologically, in order to assess his criminal seriousness, and apply appropriate measures to prevent his return to crime. Once again, the algorithms - which are the backbone of AI - are taking on the task more precisely, faster, and cost less. However, the novelty of this method has added a kind of ambiguity in determining its legal nature and legality. With regard to the legal nature, we find that they are no more than security measures that are included in the duties of the arresting officers, because the prediction of a crime precedes its commission of course, and therefore no inference or investigation procedures of any kind can be taken regarding it. As for the legality of using artificial intelligence to predict the crime despite its risks affecting the constitutional right to protect personal data, however, those risks are quickly dispelled in the case in which the legislator is involved in enacting criminal protection for that data, as well as granting law enforcement officers the appropriate restrictive authority to be able to activate This new technology aims to reduce crime in the near future.