Right To Education
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2021 ◽  
Vol 11 (5) ◽  
pp. 182
Klodjan Skënderaj ◽  
Naim Tota

The right to education is a fundamental right of the person, which is recognized and guaranteed in Albania by international acts and domestic legislation. The right to education is a positive right, which not only must be recognized but it obligates the State to take all measures to enable its realization. However, this right is not an absolute right, which means that the State has the obligation to guarantee the right to education up to the 9-year system, while it is at the discretion of the individual to attend or not the secondary and higher education. The right to access education in the university system can be conditioned by a series of criteria set in laws and bylaws. This paper will analyze the innovations and conditions in the criteria provided by the law “On higher education” and its bylaws regarding university admission of students belonging to vulnerable groups such as minorities by combining the theoretical analysis with the practical implementation of these criteria.   Received: 14 June 2021 / Accepted: 4 August 2021 / Published: 5 September 2021

Isaiah M. Sefoka ◽  
Kola O. Odeku

Most inadvertently, teenage girls in school fall pregnant. Over recent years, South Africa has seen an exponential increase in teenage pregnancy. A significant number of pregnant teenage girls end up dropping out of school as often they are unable to cope with the huge responsibility associated with pregnancy, and some schools are not supportive of pregnant learners. However, pregnant teenage girls still have the right to education. To make it methodologically sound, this study utilized a literature review research approach, mainly sourced from google scholar search engine, to address issues relating to the legal protection of pregnant teenagers. The study found that, in schools, pregnant girls were discriminated against on different grounds, and sometimes expelled. The research presented consequences of teenage pregnancy such as, dropping out of school, loneliness, anxiety/stress, and so on. More importantly, using the jurisprudence of the South African courts, the paper accentuates that pregnant teenagers still have the right to education, and being pregnant cannot be used to deprive or deny them this fundamental human right. It prohibits discrimination in schools on the basis of pregnancy, and presents arguments for continuation of schooling, and all assistance needed to ensure that the right to education is protected at all costs, even during pregnancy.

Adriana Dragone Silveira

Since the turn of the 21st century, there has been significant debate about the right to education in Brazil, and educational policies adopted by different courts to promote educational reforms have been questioned. The 1988 Federal Constitution has expanded the content of the right to education, as well as established principles, state and federal duties, and different educational funding forms. The Federal Constitution also extended the attributions of institutions aimed at defending social rights, such as the Public Prosecutor’s Office. Thus, new legal arrangements enabled expanding the involvement of justice system institutions in educational reforms. Educational litigation in Brazil can be analyzed by the structure of the judicial system, the right to education, and the main decisions made by the Federal Supreme Court on such issues as the state’s obligation to provide enough seats in early childhood education (2005); the national professional minimum wage (2011); religious education (2017); elementary school–entrance age (2018); and homeschooling (2018). Despite the advancements in guaranteeing the right to education, educational litigation has not always been beneficial for strengthening and expanding educational rights. On the one hand, it has had a positive bias when lawsuits aim at including citizens in public policies, as in the case about the consolidation of early childhood education as a state duty. On the other hand, it has had a negative bias when there is excessive bureaucratization and disrespect toward the autonomy of the educational field, as in the case about the independence of the National Education Council (CNE) to define educational guidelines for enrollment age and religious education.

2021 ◽  

Open education expands access to learning resources, tools, and research through collaboration and connection in a flexible learning framework that removes technical, legal, and financial barriers so that learners can share and adapt content to build upon existing knowledge. The foundation of “open education” first emerged in England when the Oxford Extension Movement was established in 1878 to provide education to the general masses. Following the success of these extension centers, the US Congress passed the Smith-Lever Act in 1914 to create a system of cooperative extension services connected to land grant universities. These extension cooperatives provided courses in agriculture, administrative policy, economics, and other subjects at little or no cost. Participants were given flexibility to direct their own learning by accessing instructional materials as they needed. In the late 1960s, theories regarding the value of this self-directed learning began to transform traditional classroom practice and again, interest in open learning gained popularity. By 1969, Prime Minister Harold Wilson garnered support to establish the British Open University, which globalized education through television and radio instruction. During the 1970s, even though open learning practices were favored in K-12 schools, ongoing criticism redirected educators back to standardized teaching methods. In the 1980s, the invention of the Wide World Web (1989) led to the creation of applications and networks that could deliver web-based education. The development of online “social” networks fostered the expansion of collaborative projects such as Wikipedia (2001) and the Budapest Open Access Initiative (2001), which broadened the educational landscape to support barrier-free learning. The emergence of online participatory platforms enabled several leading academic institutions who had been using web-based applications to curate and share their learning materials. The Massachusetts Institute of Technology (MIT) created the MIT Open Courseware Project (2002), which led to the creation of massive open online courses (MOOCs). As educators worked together on the development of open educational content, the Cape Town Open Education Declaration (2009) was written as a statement to promote the use of open resources and open teaching practices in education. This declaration catalyzed further emphasis of Open Educational Resources (OERs), which included freely adaptable textbooks, journals, and open data projects. To share these resources, instructional repositories such as MERLOT and the OER Commons evolved. Open repositories enable educators to find instructional materials they can adopt, adapt, and create without financial or legal constraints. In some cases, OER projects focus on a disciplinary area such as digital humanities, open science, and open courses. To protect the rights of content creators, Creative Commons licenses assist with the attribution of these resources. The expansion of the open education movement has also prompted new explorations into open educational practices (OEP) to include mobile learning, personalized learning, and other open pedagogies. In 2012, the World OER Congress published the UNESCO OER Declaration, which states that “everyone has the right to education.” This statement reflects the foundation of open education.

2021 ◽  
Vol 11 (21) ◽  
pp. 05-23
Solange Lucas Ribeiro ◽  
Juliana Oliveira dos Santos

As políticas inclusivas apontam avanços no direito à escolarização de alunos, contemplando a sua diversidade. Dessa forma, pessoas com deficiência, transtorno do espectro autista, altas habilidades e outras singularidades, vem ocupando espaços nas escolas. Contudo, há muito a ser percorrido para que a inclusão se efetive, sendo um dos pilares, a mediação pedagógica, a partir da escuta sensível, que permite atender às necessidades e especificidades dos alunos. O presente artigo intenciona analisar e problematizar as práticas docentes e os recursos didáticos, utilizados no ensino de Geografia, com ênfase na categoria Lugar e na cartografia tátil. A temática é relevante, pois há uma imagem estereotipada da geografia escolar, considerada como uma disciplina mnemônica, difícil, que urge ser desconstruída, sobretudo para alunos com deficiência, que vivenciam a chamada “inclusão marginal”. O texto é produto de uma pesquisa colaborativa, com desenvolvimento de oficinas, a partir de dados coletados em entrevistas, grupos focais e questionários.  Nos achados da pesquisa, assume destaque a subtração do direito à educação, pela falta de equidade de oportunidades e de recursos táteis não usados pela grande maioria dos professores. Nesse sentido, uma educação de qualidade, para todos, é um desafio necessário e urgente que a sociedade deve assegurar. Palavras-chave Ensino de geografia, Diversidade, Inclusão, Cartografia tátil.   TEACHING GEOGRAPHY IN THE CONTEXT OF DIVERSITY AND EDUCATIONAL INCLUSION Abstract Inclusive policies point to advances in the right to schooling for students, taking into account their diversity. Thus, people with disabilities, autism spectrum disorder, high skills and other singularities, have been occupying spaces in schools. However, there is much to be done for inclusion to become effective, one of the pillars being pedagogical mediation, based on sensitive listening, which allows meeting the needs and specificities of students. This article intends to analyze and problematize teaching practices and didactic resources, used in the teaching of Geography, with emphasis on the category Place and tactile cartography. The theme is relevant, as there is a stereotyped image of school geography, considered as a mnemonic, difficult discipline, which urgently needs to be deconstructed, especially for students with disabilities, who experience the so-called “marginal inclusion”. The text is the product of collaborative research, with the development of workshops, based on data collected in interviews, focus groups and questionnaires. In the research findings, the subtraction of the right to education is highlighted, due to the lack of equity in opportunities and tactile resources not used by the vast majority of teachers. In this sense, quality education for all is a necessary and urgent challenge that society must ensure. Keywords Geography teaching, Diversity, Inclusion, Tactile cartography.

2021 ◽  

This volume provides the first introduction to the right to science/STEM education, with contributions from international scholars and experts from organizations, including UNESCO, and from diverse disciplines such as human rights; science education; educational studies; anti-racist and decolonizing pedagogy; feminist and gender studies in science, technology, and engineering; and management and organizational studies. The book offers a thorough grounding in the right to education and its application in the STEM fields. It provides interdisciplinary perspectives that allow for a broad understanding of the human right to science education at all intersectional levels of STEM education and in STEM careers. Based on the Berlin Declaration on the Right to Science Education, adopted at the 1st International Symposium on Human Rights and Equality in STEM Education (October 2018), this volume suits as a textbook for university courses at the undergraduate or graduate level. It will also prove extremely valuable to researchers from a range of disciplines but, in particular, those interested in human rights, education, science/STEM education, as well as practitioners, program and curriculum developers, policy makers, educators, and, of course, the interested public.

M.I. Saenko ◽  
V.V. Goloborodko ◽  
V.S. Pleskachova

In the articles on the problems of quarantine restrictions during the coronavirus pandemic, ambiguities are identified against epidemiological measures in the legislation of Ukraine. Emphasis is also placed on the violation of international acts ratified by Ukraine and the inconsistency of norms in national and international law. The normative legal acts of Ukraine are considered, which propose to allow restriction of certain rights and freedoms of man and citizen. The fundamental aspects of the right to protection from pressure on a person, enshrined in the European Convention on Human Rights during an emergency, have been identified. The key cases that provide an opportunity to derogate from an emergency situation under Article 15 of the European Convention on Human Rights are listed. Emphasis is placed on the ambiguity of the wording of the terms «public buildings», «public transport» in terms of violation of the rules on human quarantine, sanitary and hygienic, sanitary and anti-epidemic rules and regulations provided by the Law of Ukraine «On Protection of Infectious Diseases» and stay in public buildings, structures, public transport during quarantine without wearing personal protective equipment. An example from case law on the prescribed restrictions is given based on both interpretations of European and all-Ukrainian law. It was emphasized that the main act, which has the highest legal force on the territory of Ukraine, was violated in terms of freedom of movement, the right to hold rallies, the right to education and work. The normative legal act concerning restrictions within Ukraine in connection with the pandemic was analyzed, namely the Resolution of the Cabinet of Ministers of March 11, 2020 №211 “On prevention of the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV- 2 ”, as well as international experience in the protection of human rights during the COVID-19 pandemic.

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