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In this section students and academics can share published or unpublished papers on topics such as education, human rights, child rights, education financing, the role of the international community and its institutions for ESC rights, the role of the state as duty bearer, vulnerable groups and strategic litigation on education rights, etc.



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Abstract and full Article

Amy S. Rhoades
Displaced Futures: Internally Displaced Persons and the Right to Education
Internally displaced persons, education, international law, youth, adults, sustainable peace, human rights, literacy, intersectionality
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Education for IDPs is essential, both as a human right enshrined in international law and as a component of the peace-building process. In emergency situations where the State fails to provide education for IDPs, the international community, though not legally obligated, maintains an ethical responsibility to ensure that IDP education is included as an integral component within the humanitarian assistance framework. Other areas touched upon: The social and psychological benefits of education; transition and vulnerability; youth and adults as well; sustainable peace and long-term development.

Kirsten Anderson, Joanne Claridge, Kamena Dorling and Erica Hall The Children’s Legal Centre).

The Right to Education in England:  Alternative Report to the UN Committee on the Rights of the Child

International right to education, implementation, England, alternative report, UN Committee on the Rights of the Child

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This report presents an analysis of the extent to which the UK government has implemented the right to education in England.  It was submitted to the UN Committee on the Rights of the Child in September 2008 as an alternative report to inform the Committee’s periodic review of the UK government.  The report measures education law, policy and practice in England against the international right to education using the ‘4 A’s framework: that education should be available, accessible, acceptable and adaptable.

Salim Vally, Senior Researcher at the Education Policy Unit, University of the Witwatersrand, South Africa

The Challenge For Education In These Times: War, Terror, Human Rights And Social Justice

imperialism, education, terror, militarism, human rights, social justice

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This paper explores the implications of new forms of imperialism in education both in terms of its curriculum content and control of education. The impulse to commodify education partially at the behest of agencies such as the World Trade Organisation and its key agreement the General Agreement on trade in Services, instead of treating education as a public good and a basic human right will be examined.

It cautions of the dangers of militarism, racism and xenophobia as well as the accompanying perils of a resurgent fundamentalism in these charged times.

Enver Motala and Salim Vally

Class, “Race” and State in Post-Apartheid Education

Race, class,  Post-Apartheid, curriculum, language, educational reform

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Questions about social and historical disadvantage, marginalization, exclusion, poverty and inequality and other such abiding social phenomena are invariably referred to in the texts about education in South Africa, and without exception, nearly every critical commentary or analytical writing on educational reform refers explicitly to the implications of these characteristics of the educational system.  These writings are at pains to point out, quite rightly, that the educational system is characterized by deep inequalities, especially noticeable in relation to poor communities, even more so in rural communities, and that there are considerable backlogs arising from the discriminatory and racist history of South African education and the deliberately distorted distribution of educational expenditures to favor white people.

Nalini Juneja

Exclusive Schools in Delhi: Their Land and the Law

India, judgments, right to education, Constitution, rights of poor, segregation, segmentation, education, schools, private schools, city master plan, Delhi.

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In 2004, the Supreme Court ordered that the Delhi government examine whether private schools had complied with contracts which require provision of free education for the poor as a condition for being allotted land at a concessional rate. In the past few decades the wedge dividing the schools of rich from those of the poor has been driven even deeper. This paper discusses the background of the clauses in the land allotment contracts and the law that makes it incumbent upon private schools to provide free seats for the poor. A case study of a private school which has been integrating 50 per cent of non-fee paying students with the others for the past 20 years is also highlighted.

 Dr Mala Bhandari,

Social and Development Research and Action Group

Migration from rural India:  Issue of an illiterate childhood in urban India

Inclusive Education, Law, stakeholders, children, Fundamental  Right, migrant community

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This paper deals with the issues confronting the education of children from migrant communities in the city of Noida in Uttar Pradesh state in India.. It dwells upon the challenges faced while mainstreaming these children and the possible strategies adopted for  the same. The paper argues that the issue of migrant children's education has to be a common concern among major stakeholders: Government, Community, Corporates and NGOs. This issue can not be tackled with isolated, fragmented actions of stakeholders in their independent capacity.

Stefan Keßler, Senior Policy & Advocacy Officer with the Jesuit Refugee Service Europe in Brussels.  Education – A Human Right Also For Migrant Children!  Education, Human Rights, Migrants, Residence permit

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In several EU Member States migrant children without a residence permit may have a right to attend school but it is compromised by other regulations or policies. This is violating states’ obligation under international as well as European law.

Francisco Scarfó

El Derecho a la Educación en las cárceles como garantía de la Educación en Derechos Humanos (EDH)

 Education, jail, human rights, accessibility, education in prisons.

(Spanish) Dowload this article (Word Doc 150KB)

 “Education as Human Right” states that all persons – regardless of sex, national or ethnic origin and economic, social and cultural considerations – should receive good quality, systematic education.

Prisoners deprived of their right to education are also deprived of other human rights, particularly the social and political participation that education enables.

The social vulnerability of prisoners is highlighted by their lack of “voice”. We argue that education in prisons must aim to revert the social vulnerability of prisoners and is necessary to retrieve that “voice” which is itself a human right.

Geraldo A. Lobato Franco O  Direito  Inconteste  Á  Educação:  Uma  Exigência Da  Educação  Popular  Brasileira  No  Século  XXI Universal Right to Education; Interpreting Examples of Brazilian

State to The Right of Education; Educacionismo, Science and Technology Tele-

Documentary Film

(Portuguese) Dowload this article (Word Doc 107KB)

It is a duty of all Brazilians, independent of race or creed origins, to see that this basic principle be thoroughly followed. However, the State refuses to grant this legal humane status, even though exemplar cases show that

it is the most rational of options for a future in which simply to know is no longer enough: it is necessary to know more, faster and better. A proposed way to this end is Educacionismo and tele-education with the consistent use of science and technology documentary  film the main way to achieve this new paradigm.

Dr. Theophilus Tefe,  Resident Tutor, Institute of Adult Education, University of Ghana, Legon.

 World Economic Crisis: A Call for Drastic Reforms in Education Systems of Sub-Saharan Africa World, Economic, Education, Reforms, Sub-Saharan, African Countries


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This paper discusses how African countries could reform their education systems to either adapt to the stormy economic climate or develop a different line of thinking economic growth to make it a meaningful concept for all citizens to aspire to in a civil manner. It is the opinion of this paper that school systems should develop new awareness in their products to liberate them from the confusion into which Western education systems have plunged them. A second, proposal has been made as to conceptualising the school system a transforming agency to create a ‘new educated African’ who does not ape European consumerism in the widespread sea of poverty as a mark of civilisation and development. On the contrary, the African needs a new form of education to awaken in him or her the desire to see it as an opportunity to use the skills and knowledge acquired as tools for promoting democracy and developing sustainable economic growth which will benefit the present and future generations.

Dr. Theophilus Tefe, Institute of Adult Education, University of Ghana, Legon Folk High School Education: An Alternative To Promote Democratic Governance In Africa Folk, School, Life, Democracy, Education, Africa, Promotion  Dowload this article (Word Doc. 86KB)

Apart from Botswana, the mention of any African country in the media outside the continent is often in a negative tone. If it is not about unprecedented level of corruption of government officials, then it is the poverty and hunger of its people. For decades, different prescriptions and efforts were brought from outside the continent towards eradicating these chronic ailments. The reform pills were simplified in two capsules - democracy and economic liberalisation. In this article it is argued that the formal school system is not designed to that effect. An alternative complementary education is therefore needed for both the so-called educated elite and the illiterate (whom are often referred to as the uneducated) to bridge the gap between the two and also as controlling standard by which the conducts of both the educated and uneducated would be measured in public office. The Danish type folk high school, sometimes referred to as school for life, is one such education that Africa needs

 Dott. Gianni Paone, Inca Cgil nazionale; Dott.ssa Patrizia Fulciniti,  Flc Calabria Child labour in Europe  Child labour; Europe; street work; poverty; school; labour market; young people (Italian) Dowload this article (Word Doc 191KB)

In Europe child labour is a signally under-researched and reported issue.

Child labour is also a big issue across a very wide range of sectors in industrialised countries.

Working children tend to be anti-school. Knowledge learning is seen as unnecessary, paper qualifications as pointless, while growing up too soon makes it hard for children to relate to their peers, with whom all they ultimately have in common is their birth year.

Child labour fills the interstices of a fragmented labour market, and is especially prevalent in various sectors of the informal economy.

Peter Grimes A Quality Education For All Lao PDR

Inclusive Education, Inclusion, Disability, Development, Quality Education, Lao PDR, Laos, EFA, CRC, Save the Children.

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The Inclusive Education Project in Lao PDR has been on-going since 1992-93. The project aimed to establish at least three Inclusive Education schools in each district of the country. At present there are 539 such schools including 3 special schools in 141 districts and 17 provinces throughout Laos. There are currently more than 3,000 disabled children being educated alongside their peers. In May 2009, funding for the project came to an end, bringing to a close a 16 year long journey, during which many challenges had been faced and lessons learned. The aim of this publication is to share some of those challenges and lessons with a wider audience. Data from the evaluation of the project indicated that IE Project schools were outperforming non IE schools in terms of student enrolment and retention, grade completion and Primary completion. IE schools were also found to be developing child centred pedagogies which were reducing barriers to participation and achievement for all students.

Mariela Belski and Micaela Finoli. Asociación por los Derechos Civiles Strategic Litigation as a Tool for the Enforceability of the Right to Education: Possibilities and Obstacles Strategic Litigation, Public Interest Law, Education, Rights, Social Change, Human Rights

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This document is the result of a workshop which aim was to discuss the potentialities, possibilities and weaknesses of strategic litigation; and thus, encourage the exchange of experiences and the search of common channels to strengthen such litigation. Many successful as well as non successful experiences of comparative law were put forward, while making special reference to possibilities of  the Inter-American System under the San Salvador protocol framework, in order to generate a debate among participants.

Mariela Belski and Micaela Finoli. Asociación por los Derechos Civiles

Access to Education for Children Living with their Mothers in Confinement

Access, Education, Confinement, Jail, Children, Rights, Equality,  Discrimination

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This work analyzes the access to education for children who reside with their imprisoned mothers. Children that live with their mothers in penitentiary establishments are indirectly exposed to the same condemnation that their mothers have received. The environment in which they are raised is marked by violence, which comes to form part of their lifestyle and leaves a mark on their developing personalities.

Mariela Belski and Micaela Finoli. Asociación por los Derechos Civiles Inequality in access to education in the province of Buenos Aires Inequality, Access, Education, Human Rights, Discrimination

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This document tries to show the realities, details, and magnitude of the inequality of the access to education in the province of Buenos Aires. It mainly analyzed : 1) inadequate openings for students, 2) admission criteria for those who fail and must repeat a grade, 3) “fallen hours” (the school days lost in different districts because of teacher absences, building conditions, etc.), and 4) access to education for children who reside with their imprisoned mothers.

Shantanu Gupta What are the different strategies and approaches to realize Right to
Education (RTE) in India?
RTE, India, Child-rights

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Since the UN Universal Declaration of Human Rights over 50 years ago, there has been a proliferation of international conventions on rights. Human rights are regarded as worth of respect and protection but there are plenty of gaps in translating internationally recognized human rights into entitlement for people in countries' national legislation. Even though worries about such negative gaps have been expressed, few analyses of the conditions which enable the realization of rights have been carried out. This is what this paper proposes to do in the case of education by asking the following key research questions: Does the new Right to Education (RTE) legislation matter for the realization of education rights for the children of India?

Aditi Bhowmick , Arpan Biswas , Chirag Jain , Priya Gupta , Sripriya Poddar

Child Labour – At the gateways of Education for All

Keywords: Education / Child Labour / Policy Measures/ Employer mindset/Family backdrop

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Summary: Many instances related to child labour can be seen in big metropolitan cities. Many of these children possess education up to a certain level as well, but that is not sufficient in providing a bright future for them. It is important for policymakers to understand the real cause behind child labour and thereby taking steps in eradicating child labour and thus imparting education to create a better future for them.