The Protection of the Right to Education by International Law

The Protection of the Right to Education by International Law

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  • Author: Klaus Dieter Beiter
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004147047
  • Category : Law
  • Languages : en
  • Pages : 787

In view of the trend of demoting education from "human right" to "human need", this book seeks to affirm education as a "human right" and to describe the various state duties flowing from the right to education, by systematically analyzing article 13 of the International Covenant on Economic, Social and Cultural Rights.


The Right to Education in India

The Right to Education in India

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  • Author: Florian Matthey-Prakash
  • Publisher: Oxford University Press
  • ISBN: 0199097054
  • Category : Law
  • Languages : en
  • Pages : 301

What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question barely received any attention. The book identifies justiciability—or, more broadly, enforceability—as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the State; otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability remains unfulfilled. It deals with the possible alternative means the State may provide for the poor to claim the benefits under Article 21A, and identifies the grievance-redress mechanism created by the ‘Right of Children to Free and Compulsory Education Act, 2009’ as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.


The Human Right to Education

The Human Right to Education

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  • Author: Douglas Hodgson
  • Publisher: Aldershot, England : Ashgate
  • ISBN:
  • Category : Human rights
  • Languages : en
  • Pages : 250

12. Parental educational rights


Fair Balance

Fair Balance

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  • Author: Jonas Christoffersen
  • Publisher: BRILL
  • ISBN: 9004170286
  • Category : Political Science
  • Languages : en
  • Pages : 687

In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Courta (TM)s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of a oeprimaritya in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.


Human Rights Obligations in Education

Human Rights Obligations in Education

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  • Author: Katarina Tomaševski
  • Publisher: Wolf Legal Publishers
  • ISBN:
  • Category : Law
  • Languages : en
  • Pages : 164

This book describes how human rights safeguards should be applied in education. Its point of departure is the fact that education can - and does - violate human rights, notably when it is imposed upon the indigenous or minorities so as to obliterate their identity. Human rights are defined as safeguards against abuse of power, whose counterpart are governmental human rights obligations. These are to make education available, accessible, acceptable and adaptable, hence the 4-A scheme. The purpose of human rights work is to expose and oppose abuses of power. They can be detected in the very design of education strategies. Defining availability of primary education as a development target, removed into distant future, negates the right to education and the corresponding governmental obligations, individual and collective. The book uses examples from different regions to describe safeguards that are necessary to transform political promises into legal obligations. Where education is available, access may be conditioned by purchasing power rather than defined as a human right. Denials of the right to education include discriminat!ionagainst non-citizens or girls. They demonstrate the crucial import of human rights, the need to differentiate between poverty- and policy-based exclusion from education. Acceptability of education entails ensuring that education does not violate human rights and is worthy of its name. Typical human rights cases have challenged, in all corners of the world, the language of instruction, censorship of textbooks or harassment of teachers for introducing human rights education. Also, human rights challenges are epitomized in the requirement to adapt education to the learners, to recognize them as subjects of rights. On the micro-level, adapting education to children with disabilities has triggered human rights challenges world-wide. On the macro-level, adaptability tackles the very design of education. Graduate unemployment illustrates shortcomings of treating education as a self-contained sector as do choices between public and private, secular and religious, segregated andall-inclusive education. The book is published by Wolf Legal Publishers, jointly with the European Association for Education Law and Policy. Katarina Tomasevski was Professor of International Law and International Relations at Lund University (Sweden) and, from 1998-2004, she was Special Rapporteur on the right to education of the United Nations Commission on Human Rights. The book draws on her experience in carrying out country mission!s incountries as different as the People's Republic of China and United States of America, and facilitating redress for human rights violations in education world-wide. http: //www.tomasevski.net


International Law on the Aims of Education

International Law on the Aims of Education

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  • Author: Hadi Strømmen Lile
  • Publisher: Routledge
  • ISBN: 1000317730
  • Category : Education
  • Languages : en
  • Pages : 225

International Law on the Aims of Education is a practical and tangible guide to the international legal standards on the aim and content of education. Using Article 29 of The Convention on the Rights of the Child (CRC) as a reference point, the book provides a detailed legal analysis of international minimum standards on how a child should be educated. The book adopts a traditional legal positivist approach to explore the scope and nature of international law on the aims of education. It is divided into three main questions: 1) What is international law and are the aims of education valid legal obligations? 2) What is the content and scope of these laws on the aims of education? 3) What are the obligations of authorities and teachers to respect and fulfil the law? The book is unique as the first book on international law dedicated separately to the aims of primary and secondary school education, not only focusing on human rights education. This book will be of great interest for teacher students, scholars and post graduate students in the field of education. It will also appeal to legal scholars as well as policymakers.


International Law of Human Rights

International Law of Human Rights

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  • Author: Judge Antonio Augusto (former Judge of the International Court of Justice Cancado Trindade, former Judge of the Internationational Court of Justice and former Judge and President of the Inter-American Court of Human Rights)
  • Publisher: Oxford University Press
  • ISBN: 0192893491
  • Category :
  • Languages : en
  • Pages : 691

The only textbook in the area to take a Global South perspective, drawing on the expertise of the authors and bringing in perspectives from a leading judge in the field. International Law of Human Rights takes students through a rigorous exploration of the theoretical foundations and principles of the subject, alongside current practice and procedures.- Provides a unique Global South perspective, offering a broad view of the subject area.- Focuses on the historical and philosophical foundations of human rights before exploring global and regional systems for their protection, and key substantive rights.- Presents a clear and accurate account of current human rights law practice.- Deep discussion and thorough analysis supported by 'further reflections' and 'critical debate' sections, and summaries of key cases.- Insightful testimonial from the distinguished Judge Cançado Trindade helps to bring a complex discipline to life.- Also available as an e-book with features and links that offer extra learning support.


Teaching International Law

Teaching International Law

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  • Author:
  • Publisher: BRILL
  • ISBN: 9004678883
  • Category : Law
  • Languages : en
  • Pages : 530

Teaching International Law is a topic of great importance in international law academia. In the past renowned international lawyers and research institutions have dealt with this matter. This book brings together a larger number of established international lawyers who not only present the state of the art of this discipline but also their own vision and perspective. Traditionally, teachers of international law had considerable influence on the development and the understanding of this subject. The international legal system has profoundly changed but in time of enormous challenges for the survivel of mankind the voice of the teachers should again be heard.


Protecting the Rights of People with Autism in the Fields of Education and Employment

Protecting the Rights of People with Autism in the Fields of Education and Employment

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  • Author: Valentina Della Fina
  • Publisher: Springer
  • ISBN: 3319137913
  • Category : Law
  • Languages : en
  • Pages : 197

Fundamental rights for all people with disabilities, education and employment are key for the inclusion of people with autism. They play as facilitators for the social inclusion of persons with autism and as multipliers for their enjoyment of other fundamental rights. After outlining the international and European dimensions of the legal protection of the rights to education and employment of people with autism, the book provides an in-depth analysis of domestic legislative, judicial and administrative practice of the EU Member States in these fields. Each chapter identifies the good practices on inclusive education and employment of people with autism consistent with principles and obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (Articles 24 and 27). The book contains the scientific results of the European Project “Promoting equal rights of people with autism in the field of employment and education” aimed at supporting the implementation of the UN Convention in the fields of inclusive education and employment.


An Introduction to International Human Rights Law

An Introduction to International Human Rights Law

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  • Author: Azizur Rahman Chowdhury
  • Publisher: BRILL
  • ISBN: 9047444027
  • Category : Law
  • Languages : en
  • Pages : 316

This book provides a precise concept of international human rights law, its development and the tangible meaning of civil and political rights, economic and social rights. It has highlighted women’s rights, globalization, human rights education, role of the UN and NGOs to protect human rights.